rightwing "Progress for America" 501 (c) plans to run

[Eric J in MN]

ads praising Bush and criticzing Kerry, but they claim:
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Contributions to PFA do not count toward the $95,000 bi-annual contribution limit under federal election law because PFA does not engage in any federal election activities.
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http://www.progressforamerica.com/

The below is originally from the Wall St. Journal, but it's on Daily Kos without a link:

www.dailykos.com
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Progress for America plans to begin airing ads today in two battleground states, Wisconsin and Iowa, says Mr. McCabe. The ads question whether Sen. Kerry would have adequately handled the aftermath of the Sept. 11 attacks.

One of the commercials opens with the smoky ruins of the Twin Towers and moves to several pictures of Mr. Bush with New York firefighters and other rescue workers. A narrator praises Mr. Bush's leadership, and asks: "But what if Bush wasn't there? Could John Kerry have shown this leadership?" Then the ad ticks off votes by Sen. Kerry that it portrays as being against intelligence and Defense Department budgets.

New commercials are expected to be unveiled in Missouri, Minnesota and Ohio after next week's Republican convention, and "we will be staying up in those states from now until November," says Mr. McCabe. Progress For America has scheduled a two-week run for the commercials, costing about $1.9 million.
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Can someone contact the Kerry campaign about what seems like a violation of campaign law?

[4morewars]

1. "But what if Bush wasn't there?"

Correct me if I'm wrong, but didn't the coward of Crawford run away ?

[sundancekid]

2. this is listed on their website as a 501(c)4 ... see full FAQ link below

http://www.t-tlaw.com/lr-05.htm

<snip>
Political Campaigning Activities.

1. A §501(c)(4) organization may participate in lawful political campaign activities involving the nomination or election of public officials without adversely affecting its exempt status, provided such activities are insubstantial in relation to its overall activities.

a. Campaign activity includes participation or intervention in any political campaign on behalf of, or in opposition to, any candidate for public office. A candidate is any contestant for elective office.

b. Political campaign activities relate to individual candidates, whereas lobbying activities relate to social issues and laws.

c. Participation in a campaign includes publishing or distributing statements made either by a candidate or by someone else directed at a candidate.

2. However, the amounts expended for such activities may be treated as political organization taxable income under IRC §527(b).

3. In contrast, a §501(c)(3) organization is absolutely prohibited from engaging in any political campaigning activities whatsoever, or else it will forfeit its tax exempt status.
<snip>

[Eric J in MN]

3. so how does one determine if the campaign activiites are

"insubstantial?"

[Democat]

4. They are going to show the WTC on fire?

Democrats had better have WTC families ready to attack the minute this ad goes on the air - not two weeks later!