Court Opinion Raises Political Clout of Nonprofits

EMILY's List v. FEC - Decision 09/18/09

In a decision that could increase the clout of nonprofit organizations in federal elections, a DC Circuit Court on Friday overturned Federal Elections Commission ("FEC") regulations that prohibited nonprofit organizations from raising unlimited donations from individuals, referred to as "soft money," for certain federal election-related activities (EMILY's List v. FEC). The court’s opinion could pave the way for more nonprofit involvement in partisan voter registration and partisan get out the vote activities, issue advertisements that refer to any federal candidates or political parties, and independent expenditures that support or oppose candidates for federal office. This opinion impacts any nonprofit organization that has a “major purpose” of supporting or opposing candidates for federal office; and does not impact nonpartisan electoral activities by 501(c)(3) organizations, which are prohibited from engaging in partisan political activities. 

» Read Full Case Study