"Unlike the corporations producing 'sham issue ads' that the electioneering communications provision was designed to prevent," explains OMB Watch policy analyst Jennifer Lowe-Davis, "charities cannot establish federally registered political action committees to engage in political spending. While these corporations may take comfort in knowing they can engage in free speech through a segregated fund, charities are silenced."
This case illustrates a growing problem in campaign finance, who gets exempted from the rules. In general, rules should admit only a few exceptions. This case is another example of how poorly the McCain-Feingold bill was drafted.
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