Campaign Finance Reform Decision: So What
Apparently the Supreme Court upheld part of the controversial McCain-Feingold campaign finance reform law. So what. As Mickey Kaus pointed out more than a year ago, an organization can completely sidestep the law's ban on running issue ads in the last 60 days of a campaign by simply not incorporating. The law forbids or regulates contributions by incorporated entities. Wrote Kaus:
It turns out the new law's ban on last-minute ads only applies to corporations. True, most nonprofit "advocacy" groups—such as the Sierra Club and the ACLU—are corporations. But (and this is the point I didn't understand) they don't have to be. It's perfectly possible to form a simple unincorporated association and still get nonprofit tax status. (You just have to show that your articles and bylaws meet IRS requirements.) And if you're not incorporated, then McCain-Feingold's ad ban doesn't apply.In other words, campaign finance reform has loophole that swallows the law. Good.
<< Home