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Overview:
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League of Conservation Voters (LCV)
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| Stated Purpose: |
| The political voice of the environmental movement. |
Tax Status: |
| 501(c)(4) |
Political Orientation: |
| Democratic |
Profile: |
September 2004 — The League of Conservation Voters (LCV) was among the first groups to air advertisements affecting the 2004 presidential race, and the group appears intent on maximizing its influence this fall by taking advantage of a special legal status.
From January to August 2004, LCV spent more than $1 million to influence the outcomes of elections.1 In the presidential race, the group broadcast ads praising John Kerry and criticizing President Bush. The LCV also ran ads praising U.S. Senate candidate Barack Obama (D-Ill.) and criticizing state Sen. Alice Forgy Kerr (R-Ky.), who unsuccessfully ran for Congress in a February special election.2
For federal election law purposes, the LCV files with the FEC as a Qualified Non-profit Corporation (also known as a "Massachusetts Citizens for Life," or MCFL, group), a status set aside for ideological 501(c)(4) corporations that do not accept funds from labor unions or corporations.3 Such groups are permitted to use unlimited donations from individuals to pay for "express advocacy" communications, which urge the election or defeat of candidates. They also may make "electioneering communications," which are defined as broadcast ads that mention candidates during the 60 days preceding general elections or the 30 days preceding primaries and conventions. Other independent groups are prohibited by the Bipartisan Campaign Reform Act (BCRA) from making electioneering communications unless they set up separate, segregated funds that do not receive corporate or union money.4
Qualified non-profits are required to report independent expenditures -- spending that is specifically directed at supporting or opposing political candidates -- to the FEC. But, unlike other groups that may expressly advocate for candidates, qualified non-profits are not always required to disclose their contributors. Like other 501(c)(4) organizations, however, they must disclose their political expenditures to the IRS and they are prohibited from devoting themselves primarily to the purpose of affecting the outcomes of elections.5
The LCV made at least $691,000 in independent expenditures to support Kerry or oppose Bush from January to August 2004.6 That money partially funds the Environmental Victory Project (EVP), a coalition primarily funded by the LCV, that appears wholly devoted to defeating Bush. The EVPs Web site says "Help Defeat George W. Bush," and lists four states that are the focus of the project -- all hotly contested battleground states -- Florida, New Mexico, Oregon and Wisconsin. The link from the LCV's main page to the EVP's page blinks: "Defeat Bush" and "Save Our Future."7
The LCV is a complex organization. Aside from its flagship 501(c)(4), the group also maintains another 501(c)(4), a PAC, a 501(c)(3), and a 527 group.8 The existence of numerous entities makes it difficult to determine which LCV entity is responsible for which activities, a challenge that is compounded by the LCV's practice of transferring funds from one entity to another. The LCV's 527 raised $8.6 million and spent $3.2 million from 2000 to August 2004. The chief recipient of funds from the LCV's 527 has been the LCV's 501(c)(4), which received $1.8 million.9
In 2002, the LCV appeared to fund most of its broadcast activities through its PAC. The LCV's PAC spent $1.5 million in independent expenditures in 200210 and scripts of the LCV's 2002 advertisements listed the PAC in their closing taglines. The 501(c)(4) also reported to the FEC making slightly more than $275,000 of independent expenditures for behind-the-scenes tasks, such as consulting and polling.11 In 2000, the 501(c)(4) reported to the FEC making at least $1.1. million in independent expenditures.12 The LCV reported zero political activities in each year from 2000 to 2002. Those reports for 2000 and 2002 appear contradicted by the fact that the group, which identifies itself as "The Political Voice of the Environmental Movement,"13 reported substantial independent expenditures to the FEC in those years.
Though the LCV primarily supports Democrats, it is not purely partisan. For example, it reported to the FEC making $45,505 in independent expenditures to support Rep. Jim Leach (R-Iowa) in 2002.14 15
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| 1 |
League of Conservation Voters, Inc., independent expenditure reports filed with the Federal Election Commission, Jan. 30, 2004-Aug. 11, 2004, and information provided by LCV to Public Citizen. |
| 2 |
Public Citizen's analysis of data contained in the New Stealth PACs database. Data collected from groups' Web sites and annual tax forms, press reports, academic papers on activities of independent political groups and interviews by Public Citizen research staff. |
| 3 |
Liz Sidoti, "Some Groups to Run Ads Until Election Day," Associated Press, March 22, 2004. |
| 4 |
Code of Federal Regulations, Section 114, "Corporate and Labor Organization Activity," revised as of Jan. 1, 2003. |
| 5 |
Code of Federal Regulations, Section 114, "Corporate and Labor Organization Activity," revised as of Jan. 1, 2003. |
| 6 |
League of Conservation Voters, Inc., independent expenditure reports filed with the Federal Election Commission, Jan. 30, 2004-Aug. 11, 2004, and information provided by LCV to Public Citizen. |
| 7 |
League of Conservation Voters Web site. (Available at www.lcv.org. Accessed on May 21, 2004.) |
| 8 |
Public Citizen's analysis of data contained in the New Stealth PACs database. Data collected from groups' Web sites and annual tax forms, press reports, academic papers on activities of independent political groups and interviews by Public Citizen research staff. |
| 9 |
Web site of "Silent Partners," a project of the Center for Public Integrity. (Available at www.publici.org/527. Accessed on July 15, 2004.) |
| 10 |
FEC Form 3X, Oct. 17, 2002 to Nov. 5, 2002. (Available at at www.fec.gov. Accessed on June 29, 2004.) |
| 11 |
League of Conservation Voters Inc., independent expenditure reports filed with the Federal Election Commission, June 1, 2002-Oct. 27, 2002. |
| 12 |
League of Conservation Voters Inc., independent expenditure reports filed with the Federal Election Commission, Sept. 30, 2000-Nov. 27, 2000. |
| 13 |
League of Conservation Voters Web site. (Available at www.lcv.org. Accessed on Aug. 13, 2004.) |
| 14 |
Mark H. Rodeffer, "LCV Goes To Bat For Leach," National Journal, Sept. 26, 2002. |
| 15 |
League of Conservation Voters Inc., independent expenditure reports filed with the Federal Election Commission, June 1, 2002-Oct. 27, 2002. |
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