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Corporations and Unions in Federal Politics: A Practical Approach to Federal Election Law Compliance

Abstract

This Article is designed to serve as a blueprint for the design and implementation of effective corporate and union political action programs. This Article focuses on the creation of two kinds of program materials: (1) those materials to be used by the program administrators to insure informed administration in accordance with applicable laws; and (2) those materials designed to solicit and encourage program participation by corporate employees and union membership. The first category of materials, referred to herein as political action organization materials, needs to be designed as specific reference materials which will guide the personnel responsible for program administration through the maze of reporting and disclosure requirements and the technical rules imposed upon participation by corporations and unions in the federal political process. The second category, referred to as solicitation materials, is not entirely free of federal regulation as to content, but is much less technical in nature. Solicitation materials should present an accurate description of the rules for participation in the political action program, but should be more narrowly focused than the organization materials and be written for ready understanding by program participants. Finally, the solicitation materials must be designed to insure that the sponsoring corporation or union will receive from program participants the information needed by the sponsor for inclusion in the periodic federal reports.

This Article will focus on federal statutes and pertinent regulations of the Federal Election Commission [FEC] regulating corporate and union political activity. The author has prepared a comprehensive form of articles of association for use by federal political action committees [PAC's]. These articles are set forth in Appendix A. No attempt will be made to offer an analysis of state and local statutes which may prohibit or restrict the right of corporations and unions to participate in state and local elections.

In terms of the sequence of events that occur in the creation and implementation of a political action program, it is essential at the outset for the program organizers and their counsel to be familiar with the principal research tools that are available concerning the federal law of politics. Although the list is not extensive, there are several publications available, public and private, which will be of great assistance in designing a viable and efficient political action program that facilitates keeping abreast of changes in federal statutes, rules, and regulations. A bibliography of these research materials accompanies this Article in Appendix B. It is strongly recommended that an investment be made in these materials so that reference sources will be available and changes in the laws governing political participation will be identified promptly.

How to Cite

22 Ariz. L. Rev. 465 (1980)

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