While Weintraub has urged caution on the 527 front, other commissioners such as Scott Thomas, a Democrat, and Michael Toner, a Republican, have been pushing for action sooner, rather than later.
The general counsel’s office suggested that FEC officials ought to clarify when 527 groups are required to register with the FEC for two reasons.
“First, because all existing non-connected political committees are 527 organizations, focusing on these organizations ensures that this rulemaking will have a predictable effect on existing organizations and will not cause committees that currently register and report to the Commission as political committees to cease doing so,” the legal memo stated.
“Second, an organization’s decision to avail itself of 527 status is inherently indicative of its choice to engage principally in electoral activity,” the draft continued. “It remains for the [FEC] to determine whether the organization’s predominant focus is on Federal elections or some other election, selection, nomination or appointment.”