Citizens For Sanity situation underscores just how secretive campaigning could be ahead of a consequential 2024 election
But despite its track record, the organization’s paper trail is scant.
The U.S. Supreme Court case Buckley v. Valeo, drew a distinction between advocating for a candidate and an issue. So long as the ad avoids telling a viewer how to vote, the organization has a lot of leeway, including praising or disparaging a candidate. “As long as they avoid those windows and those specific types of communications that are governed by the Federal Election Commission rules,” Massoglia said, “they can run these ads whenever they want.”The group is organized as a 501, which means it doesn’t need to disclose its donors, and political advocacy can’t be its ‘primary’ purpose. Although the IRS hasn’t explicitly defined ‘primary,’ in practice, 501s need to keep their political spending to less than half the total.
“It’s not necessarily that they’ve failed to file Form 990,” Massoglia said, “as much as they just had not been required to just to file one yet.”
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