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Factsheet on 527 Reform Act

Senators McCain, Feingold and Lott have introduced the 527 Reform Act to close the 527 loophole. The 527 Reform Act is designed to clarify and reaffirm that such 527 groups are required to comply with federal campaign finance laws.

Background

The failure of the FEC to regulate 527 groups has resulted in huge contributions from wealthy individuals, unions and corporations being funneled into 527s. If 527s wanted to spend money to influence federal elections by promoting or attacking federal candidates in television or radio ads, their right to do so is protected under the First Amendment. But they should have to play by the same rules as everyone else, becoming federal political committees and abiding by the same contribution limits that apply to other groups that seek to influence federal elections.

What the 527 Reform Act Does:

The Act requires 527 groups to register as political committees with the FEC and comply with federal campaign finance laws if they raise and spend money in connections with federal elections (exempting 527s with less than $25,000 in annual receipts and 527s that are exclusively involved in trying to influence state elections). Such groups must use federal hard money contributions to finance ads that promote or attack federal candidates.

The Act also provides that when a 527 group registered as a federal political committee makes expenditures for voter mobilization activities or public communications that affect both federal and non-federal elections, at least 50 percent of the costs of such activities would have to be paid for with federal hard money contributions. In addition, the non-federal share of such expenditures must come from individual contributions in amounts no more than $25,000 per year per individual donor (the same limit that applies to individual contributions to national political parties).

What the 527 Reform Act Does Not Do:

The 527 Bill Is Not a "Trojan Horse" For Any Other Political Agenda:

The sponsors of this bill will resist any efforts to use this bill as a vehicle to roll back campaign finance reform. There were a number of amendments attached to the bill in the Senate Rules Committee that the bill's sponsors oppose, including amendments to raise the PAC contribution limit, create a blanket exemption for spending on the Internet, lift restrictions on PAC solicitation of employees, and exempt 527s that engage exclusively in voter drive activities. These amendments and any others that would undermine the improvements enacted in 2002 cannot become law.

The 527 Bill Is Not Aimed at Shuttling Down Get Out The Vote (GOTV) Efforts:

The 527 bill does not prevent GOTV efforts. It simply ensures that such efforts are paid for with hard money when they affect federal elections. Efforts to exempt GOTV efforts in this bill would undermine the very purpose of the 527 Reform Act - to stop soft money from flowing into federal elections.

The 527 Bill In No Way Affects 501(c) Groups:

The 527 Reform Act applies only to 527 groups. Nothing in the Act will have any effect whatsoever on determining whether 501(c) groups are subject to federal campaign finance laws. 527s are political organizations. It is appropriate to treat them differently than 501(c) advocacy organizations.