There is more precedent on the regulation of organizations operating wholly independently of candidates. Its reasoning calls into question the regulation of 527 organizations made famous in the 2004 election, and points up the other fundamental error in the FEC’s approach to 527 regulation.
In Part I, we noted that the FEC is expanding its defintion of expenditure by rewriting express advocacy.
In Part II A, we noted that the FEC is also expanding its definition of contribution.
In Part II B, we noted that the FEC expands its definition of contribution via an expansive reading of a court opinion.
In Part III, we note there are problems in placing contribution limits on organizations operating wholly independently of candidates or entities controlled by candidates.
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