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527 organization

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Type of U.S. tax-exempt organization

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A527 organization or527 group is a type of U.S.tax-exempt organization organized under Section 527 of the U.S.Internal Revenue Code (26 U.S.C. § 527). A 527 group is created primarily to influence the selection,nomination,election, appointment or defeat of candidates to federal, state or local public office.

Technically, almost all political committees, including state, local, and federal candidate committees, traditionalpolitical action committees (PACs), "Super PACs", and political parties are "527s". However, in common practice the term is usually applied only to such organizations that are not regulated under state or federal campaign finance laws because they do not"expressly advocate" for the election or defeat of a candidate or party.

There are no upper limits on contributions to 527s and no restrictions on who may contribute. There are no spending limits imposed on these organizations. The organizations must register with theInternal Revenue Service (IRS), publicly disclose their donors and file periodic reports of contributions and expenditures.[1]

Because they may notexpressly advocate for specific candidates or coordinate with any candidate's campaign, many 527s are used to raise money to spend onissue advocacy and voter mobilization. Examples of 527s areSwift Boat Veterans for Truth,The Media Fund,America Coming Together, theProgress for America Voter Fund, and theSecretary of State Project.[2]

Legal history

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Internal Revenue Code section 527 was enacted as part of Public Law No. 93-625 on January 3, 1975.[3] In the case ofBuckley v. Valeo, the U.S. Supreme Court attempted to draw a limit on the extent to which campaign finance laws could regulate speech about politics. The Court's answer was that campaign finance laws could reach only party and candidate committees, organizations with the major purpose of electing candidates, or speech that "expressly advocated" the election or defeat of candidates. The determination of whether a group had the major purpose of electing candidates depended, in turn, on whether "express advocacy" was the group's primary activity. In footnote 6 of the Buckley opinion, the Court limited "express advocacy" to words and phrases such as "Smith for Congress", "elect", "defeat", or other specific calls for action to vote for or against a candidate. Thus, organizations could run ads discussing candidates and issues without being subject to campaign finance restrictions, so long as they avoided such express advocacy.

The McCain-Feingold law, also known as the Bipartisan Campaign Reform Act, extended certain campaign finance limitations to broadcast advertisements run within 60 days of a general election or 30 days of a primary election if they mentioned a candidate, regardless of whether or not they contained "express advocacy". The Supreme Court upheld the constitutionality of this provision inMcConnell v. Federal Election Commission. Based on that decision, many persons urged theFederal Election Commission (FEC) to use its regulatory power to extend campaign finance laws to cover these groups. The Commission held hearings in April 2004 to determine whether or not 527s should be regulated undercampaign finance rules, but concluded that the law did not cover these independent 527 organizations unless they directly advocated the election or defeat of a candidate or engaged in broadcast advertising mentioning within the 30- and 60-day windows specified by Congress in the McCain-Feingold law. Nevertheless, Federal Election Commission rulings after the 2004 election attempted to extend the reach of the law to advertisements which questioned a candidate'scharacter and fitness for office off limits to 527s specifically.[4]

  • On September 18, 2009, the Federal Appeals Court in Washington, D.C., ruled that these groups have a First Amendment right to raise and spend freely to influence elections so long as they do notcoordinate their activities with a candidate or a party.[5][6]
  • In January 2010, the Supreme Court held that the government may not keep corporations or unions from spending money to support or denounce individual candidates in elections. While corporations or unions may not give money directly to campaigns or coordinate their activity with campaigns, they may seek to persuade the voting public throughindependent expenditure groups.[7]
  • In July 2010, the U.S. District Court of Appeals for the D.C. Circuit ruling in Speechnow.org v. Federal Election Commission struck down fundraising limits onindependent expenditure-only committees, (commonly known asSuper PACs) which, like 527s, can raise unlimited amounts of money from individuals, unions, associations and corporations to influence elections. Speechnow.org v. Federal Election Commission, 599 F.3d 686, (U.S.C.A. D.C. 2010). These PACs must also disclose their finances to the FEC and cannot coordinate with candidates or political parties. The difference is that the Super PACs can "expressly advocate" for or against a candidate.[8] The Speechnow.org and Citizens United decisions made 527s much less valuable as a medium of political communication, and their use declined substantially in the elections of 2010 and 2012[citation needed].

InCareyet al. v. FEC – RADM James J. Carey, USN (ret), chairman of the National Defense PAC, along with the PAC and a prospective donor, brought suit after the FEC deadlocked on a 2010 Advisory Opinion Request (see AO 2010-20), in which the PAC sought permission to operate both an independent expenditure PAC and a traditional PAC that could make contributions to candidates and was subject to fundraising restrictions.[9] Carey's victory in the court now allows organizations to operate both traditional and "Super" PACs.

Public opinion

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A February 2010 poll from the Pew Research Center found that 68 percent of Americans disapprove of the Supreme Court's decision to allow corporations to make expenditures on behalf of candidates during elections. Seventeen percent approve of the expenditures, and 15 percent of respondents said they were unsure.[10]

An October 2010Bloomberg poll found that 47 percent of Americans say they would be less likely to support apoliticalcandidate if hiscampaign was supported byadvertising paid for by anonymous business groups. According to the pollster, 41 percent said that it would not matter, and 9 percent said they would be more likely to back the candidate.[11]

2004 election controversy

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Although 527 organizations were in common use by the 1990s, in the wake of theBipartisan Campaign Reform Act, which limited the ability of political parties to raise money, 527s rose to much greater prominence and visibility.Swift Boat was one such group, which ran controversial and highly effective ads critical of the 2004Democratic Party candidate,John Kerry.[12] A reported $9.45 million came from just 3 private individuals.[13][14][15] On the liberal side, contributor George Soros contributed $23.7 million to 527s, and Peter Lewis of Progressive Insurance contributed another $23.2 million to 527s in 2004.[16] Prominent 527s that supported Democrats includedAmerica Coming Together, MoveOn.org, and the Media Fund.

Under federal election law, coordination between an election campaign and a 527 group is not allowed. The heavy spending of key 527 groups to attack presidential candidates brought complaints to the Federal Elections Commission of illegal coordination between the groups and rival political campaigns. These formal complaints included:

In 2006 and 2007 the FEC fined a number of organizations, including MoveOn and Swift Boat Veterans for Truth, for violations arising from the 2004 campaign. The FEC's rationale was that these groups had specifically advocated the election or defeat of candidates, thus making them subject to federal regulation and its limits on contributions to the organizations.[17]

Top 20 federally focused and state focused 527 groups

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2018 election cycle

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Some of these listings identify a parent organization that has created a 527 group but that also engages in many nonpolitical activities.Republican/conservative leaning groups are highlighted inpink,Democratic/liberal leaning groups are highlighted inblue, neutral groups are not highlighted.

RankName2018 Fundraising2018 Expenditures
1Republican Governors Association$150,387,931$167,835,847
2Democratic Governors Association$95,779,024$96,371,376
3ActBlue$92,101,947$74,272,425
4Republican State Leadership Committee$45,283,573$49,998,382
5American Federation of State, County, and Municipal Employees$41,390,913$40,318,034
6Republican Attorneys General Association$40,640,124$50,936,229
7Democratic Legislative Campaign Committee$32,918,509$32,203,180
8EMILY's List$28,529,793$26,332,838
9Service Employees International Union$27,465,223$29,319,705
10Democratic Attorneys General Association$20,373,246$20,503,622
11Citizens United$18,526,147$18,828,337
12American Federation of Teachers$17,927,893$21,072,933
13Laborers Union$15,974,447$16,024,116
14A Stronger Michigan$15,138,050$15,138,049
15State Victory Action$14,905,000$14,713,267
16National Democratic Redistricting Committee$14,221,188$13,413,926
17American Comeback Committee$14,117,837$15,839,410
18Garden State Forward$13,742,250$4,981,083
19National Association of Realtors$13,405,000$9,017,937
20A Stronger Wisconsin$12,062,035$12,062,035
As of March 2021. Sources:[18][19]

2010 election cycle

[edit]

Some of these listings identify a parent organization that has created a 527 group but that also engages in many nonpolitical activities.Republican/conservative leaning groups are highlighted inpink,Democratic/liberal leaning groups are highlighted inblue.

A total of $415,784,148 was spent by these organizations alone, $214,580,543 of which was spent by Republican/conservative groups and $201,203,605 of which was spent by Democratic/liberal groups.[20][21]

RankName2010 Fundraising2010 Expenditures
1Republican Governors Association$117,129,464$131,823,354
2Democratic Governors Association$55,362,218$64,708,253
3American Federation of State, County, and Municipal Employees$47,068,586$46,520,548
4Republican State Leadership Committee$29,504,912$29,911,967
5American Solutions for Winning the Future$28,233,447$28,419,764
6Service Employees International Union$14,923,663$15,534,072
7Citizens United$9,211,311$9,185,145
8EMILY's List$9,001,964$10,439,329
9America Votes$8,883,561$11,237,974
10Democratic Legislative Campaign Committee$8,684,721$10,949,775
11College Republican National Committee$8,389,738$8,621,662
12National Education Association$7,394,838$7,503,113
13Citizens for Strength and Security$7,127,814$7,216,173
14American Crossroads$6,700,312$1,408,323
15Democratic Attorneys General Association$6,365,202$7,206,207
16GOPAC$5,600,547$5,210,328
17International Brotherhood of Electrical Workers$5,354,930$6,685,747
18ActBlue$4,994,165$4,719,415
19Laborers Union$4,578,278$4,361,153
20American Federation of State, County, Municipal Employees$4,123,743$4,121,846

2008 election cycle

[edit]

Some of these listings identify a parent organization that has created a 527 group but that also engages in many nonpolitical activities.Democratic/liberal leaning groups are highlighted inblue,Republican/conservative leaning groups are highlighted inpink.

A total of $303,309,245 was spent by these organizations alone, $178,397,267 of which was spent by Democratic/liberal groups and $117,112,322 of which was spent by Republican/conservative groups.[20][21]

RankName2008 Fundraising2008 Expenditures
1Republican Governors Association$58,942,154$44,625,517
2Democratic Governors Association$35,831,960$26,376,784
3American Federation of State, County, Municipal Employees$32,867,824$30,652,149
4Service Employees International Union$27,432,667$27,839,177
5America Votes$25,959,173$24,491,324
6American Solutions for Winning the Future$22,722,547$22,966,088
7Republican State Leadership Committee$19,961,136$20,981,193
8Change to Win$13,917,202$7,799,656
9EMILY'S List$13,659,555$12,910,515
10The Fund for America$12,142,046$12,142,044
11Democratic Legislative Campaign Committee$9,989,627$12,665,087
12GOPAC$9,322,764$9,407,146
13Patriot Majority Fund$8,266,627$8,108,121
14College Republican National Committee$6,956,285$7,537,976
15RightChange.com$6,736,563$5,578,187
16Democratic Attorneys General Association$6,704,076$5,441,100
17UNITE HERE$6,480,432$6,957,280
18Citizens United$6,477,080$6,016,215
19All Children Matter$6,031,500$3,368,861
20Progressive Majority$5,743,779$7,444,825

2006 election cycle

[edit]

Some of these listings identify a parent organization that has created a 527 group but that also engages in many nonpolitical activities. Democratic/liberal leaning groups are highlighted in blue, Republican/conservative leaning groups are highlighted in pink.

A total of $171,045,165 was spent by these organizations alone, $121,665,587 of which was spent by Democratic/liberal groups and $49,379,578 of which was spent by Republican/conservative groups.[22][23]

Rank
Name2006 Fundraising2006 Expenditures
1Republican Governors Association$28,798,367$15,993,537
2Service Employees International Union$25,053,546$28,212,510
3Democratic Governors Association$18,526,787$8,508,850
4America Votes$14,391,893$14,106,236
5EMILY's List$11,776,201$11,128,005
6Republican State Leadership Committee$11,340,863$10,132,510
7American Federation of State, County, and Municipal Employees$9,599,404$8,336,574
8Club for Growth$7,217,080$8,157,383
9Change to Win$7,061,423$2,592,376
10Progress for America$6,175,025$13,000,574
11International Brotherhood of Electrical Workers$5,538,113$5,529,067
12September Fund$5,230,500$4,950,861
13Economic Freedom Fund$5,050,450$4,835,805
14America Coming Together$4,494,107$6,998,238
15Democratic Legislative Campaign Committee$4,365,495$3,928,487
16Democratic Attorneys General Association$4,083,576$2,630,350
17College Republican National Committee$3,720,110$10,260,343
18Laborers' International Union of North America$3,688,250$3,762,110
19Progressive Majority$3,262,427$4,845,486
20Bluegrass Freedom Fund$3,150,125$3,135,863
As of June 30, 2008. Source:[22] Source:[23]

2004 election cycle

[edit]

Some of these listings identify a parent organization that has created a 527 group but that also engages in many nonpolitical activities.Democratic/liberal leaning groups are highlighted inblue,Republican/conservative leaning groups are highlighted inpink.

A total of $439,709,105 was spent by these organizations alone, $307,324,096 of which was spent by Democratic/liberal groups and $132,385,009 of which was spent by Republican/conservative groups.[20][21]

RankName2004 Fundraising2004 Expenditures
1America Coming Together$79,795,487$78,040,480
2Joint Victory Campaign 2004*$71,811,666$72,588,053
3Media Fund$59,414,183$57,694,580
4Service Employees International Union$48,385,367$47,695,646
5Progress For America$44,929,174$35,631,378
6Republican Governors Association$33,848,421$34,301,889
7Democratic Governors Association$24,172,761$24,125,938
8American Federation of State, County, and Municipal Employees$22,227,050$22,332,587
9Swift Vets and POWs for Truth$17,008,090$22,565,360
10MoveOn.org$12,956,215$21,565,803
11College Republican National Committee$12,780,126$17,260,655
12New Democrat Network$12,726,158$12,524,063
13Citizens for a Strong Senate$10,853,730$10,228,515
14Republican State Leadership Committee$10,762,907$10,682,312
15Club for Growth$10,645,976$11,943,415
16Sierra Club$8,727,127$6,261,811
17EMILY's List$7,739,946$8,100,752
18Voices for Working Families$7,466,056$7,202,695
19AFL–CIO$6,583,572$6,473,110
20League of Conservation Voters$6,049,500$5,078,116
As of June 30, 2008.[20][21]

*Joint Victory Campaign 2004 is a joint fund-raising committee run by America Coming Together and the Media Fund. Money raised by JVC is divided between these two beneficiaries. Combining receipts for these three groups would result indouble-counting.

See also

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References

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  1. ^The Center for Public Integrity, 527 Frequently Asked Questionshttp://projects.publicintegrity.org/527/default.aspx?act=faq#5Archived 2011-04-11 at theWayback Machine
  2. ^"What are 527's? | Who Donates? | Where does the money go? Government Regulation | Ethics". Stanford University. RetrievedNovember 16, 2013.
  3. ^Pub. L. No. 93-625, sec. 10(a) (Jan. 3, 1975), effective for tax years beginning after December 31, 1974.
  4. ^Luo, Michael (June 12, 2008)."Ready to Attack Obama, if Some Money Arrives".The New York Times.Archived from the original on October 29, 2015. RetrievedFebruary 21, 2017.
  5. ^EMILY's List v. FEC, 581 F.3d 1 (D.C. Cir. 2009).
  6. ^"Court Backs Outside Groups' Political Spending".The New York Times. September 19, 2009.
  7. ^"Citizens United v. Federal Election Commission". SCOTUSblog.Archived from the original on May 5, 2021. RetrievedApril 1, 2012.
  8. ^"Super PACs". OpenSecrets.Archived from the original on March 29, 2012. RetrievedApril 1, 2012.
  9. ^Marston, Chris (April 27, 2011)."Former FEC Chair Smith joins litigation team to create "Super-Duper" PACs". Republican National Lawyers Association. Archived fromthe original on March 12, 2012. RetrievedApril 1, 2012.
  10. ^"Midterm Election Challenges for Both Parties". Pew Research Center. February 12, 2010.Archived from the original on May 7, 2011. RetrievedApril 28, 2011.
  11. ^Frumin, Aliyah (August 20, 2015)."End Citizens United PAC wants to make its name a reality". MSNBC.Archived from the original on July 30, 2017. RetrievedJuly 29, 2017.
  12. ^Baram, Marcus (May 25, 2011)."Wyly Brothers Gave Millions To Over 200 Republican Candidates". Huffington Post.Archived from the original on March 8, 2017. RetrievedApril 1, 2012.
  13. ^"Swift Vets Top Contributors, 2004 Cycle". opensecrets. Archived fromthe original on September 30, 2007. RetrievedApril 1, 2007.
  14. ^Frank, John (October 5, 2004)."ELECTION 2004 / 2 Texans dig deep for boat vet ads / Pair from Dallas kick in $3 million for group's coffers". Houston Chronicle. pp. A8. RetrievedFebruary 12, 2012.
  15. ^"Bob Perry - The Man Behind Swift Boat Veterans for Truth".fact sheet. Texans for Public Justice (self-published). Archived fromthe original on May 28, 2007. RetrievedApril 1, 2007.
  16. ^"Top Individual Contributors to Federally Focused 527 Organizations, 2004 Election Cycle". OpenSecrets.Archived from the original on March 31, 2012. RetrievedApril 1, 2012.
  17. ^"FEC Collects $630,000 in Civil Penalties from Three 527 Organizations". Federal Election Commission. December 13, 2006. Archived fromthe original on February 8, 2012. RetrievedApril 1, 2012.
  18. ^"Top 50 Federally Focused Organizations | OpenSecrets".www.opensecrets.org. RetrievedMarch 20, 2021.
  19. ^"State-Focused 527 Organizations Only | OpenSecrets".www.opensecrets.org.Archived from the original on February 2, 2022. RetrievedMarch 20, 2021.
  20. ^abcdTop 50 Federally Focused OrganizationsArchived August 6, 2008, at theWayback Machine, opensecrets.org
  21. ^abcdState-Focused 527 Committees OnlyArchived September 13, 2008, at theWayback Machine, opensecrets.org
  22. ^abTop 50 Federally Focused OrganizationsArchived July 10, 2008, at theWayback Machine, opensecrets.org
  23. ^abState-Focused 527 Committees Only, opensecrets.org

External links

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