
Don’t Blame the IRS!
Everyone knows that our nation’s tax laws are a mess, and the specific rules in the tax code that apply to political activities are no exception. While they are very complicated, they aren’t to blame for secret money in the funding of ballot measures. John Myers’ article “Ballot measure money not political under IRS loophole” confuses two separate and distinct legal issues, and credits the wrong one for the supposed problem.
The 501(c)(4) status under the federal tax code is not a loophole and has very little to do with campaign (candidate or ballot measure related) disclosure laws in California. The fact that ballot measure advocacy isn’t defined as “political intervention” in the tax code (it’s actually part of the definition of “lobbying”) doesn’t mean that state campaign finance rules don’t apply to such activity when engaged in by 501(c)(4)s. Just the opposite is true.
Since ballot measures are creatures of state law, state campaign finance laws, not the federal tax code, define the parameters for disclosable ballot… Read More