Under current rules, “social welfare” groups may conduct some political work as long as it does not remain their primary activity. The proposed rules would block such activities as running ads that “expressly advocate for a clearly identified political candidate or candidates of a political party” as fulfilling their tax-exempt mission.
In addition, spots that simply mention a politician in urging a certain way to vote — for instance — could not be run 60 days before a general election or 30 days before a primary.
The rules also would limit voter drives and voter registration efforts and the distribution of literature.
According to the federal agencies, the new rules seek to solidify the current regulations, which are confusing and prone to abuse.
“Depending on the details, this could be dramatic,” Marcus Owens, a former chief of the IRS’ exempt organizations division, told the Times.
Treasury and the IRS do not yet have a proposal about what specific proportion of a 501(c)(4) group’s activities must promote social welfare and are soliciting input. Essentially, they do not have a recommendation as to what percentage of a group’s time and money can be spent on politics.
Representatives of both Crossroads and Priorities USA declined to comment to the Times on the proposed rules. The groups, however, are expected to weigh as the process moves forward.
Any changes to the regulations likely would not affect the 2014 elections because of legal challenges, but the rule changes could shape the next presidential election, said Kenneth Gross, a campaign finance attorney and former head of enforcement for the Federal Election Commission.
“Brightening what are now blurred lines — what is political activity — is not only useful but necessary to have some kind of clarity to a vehicle that has been used to the tune of millions and millions of dollars,” he said.
But Gross cautioned that “this is a long and winding road before anything is in ink.”
The Associated Press contributed to this report.
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