On October 10, 2024, the Federal Election Commission issued its final advisory opinion regarding Unity08. A list of FEC advisory opinions with links to full PDF documentation shows no follow-up opinion. The opinion reads:
"The Commission concludes that Unity 08 will have to register as a political committee once it makes expenditures in excess of $1,000, and therefore will be subject to the amount limitations, source prohibitions, and reporting requirements of the Act."
and
"Unity 08 will become a political committee once it makes more than $1,000 in expenditures. Unity 08 must register with the Commission by filing a statement of organization within ten days after becoming a political committee, and it will be subject to the provisions of the Act and Commission regulations applicable to political committees."
and
"The Commission notes that Unity 08 must also register as a political committee if it accepts more than $1,000 in contributions."
Unity08 had already met these standards by end of 3Q 2024. The ten days have therefore long since passed.
Unity08 specifically stated it would follow the FEC advisory opinion:
"The FEC will determine whether or not we are a political committee for FEC purposes. Obviously we will follow their opinion."
The FEC updates its filed reports with promptness:
"Information taken from the reports committees file with the FEC is available to the public within 48 hours of the agency’s receipt of the report. Reports filed electronically are available on the web almost instantaneously."
A thorough search of FEC documents indicates no filing, including the F1 Statement of Organization that a PAC files to register with the FEC. The search was tailored for any FEC filings or statements and was set to turn up any PAC with the letters “unity” in it — even PACs with the word “Community” appeared — and so was quite inclusive.
Today, Unity08.com updated its donations FAQ page. The phrase "in the spirit of financial transparency, which is sorely lacking in politics today" was removed. Also removed was a pledge to update financial reports once a month. Added was the following text:
"On January 31, we will make our regularly scheduled filing to the IRS for the fourth quarter of 2024."
But a filing to the IRS is made for Section 527 organizations. The FEC advisory opinion instructs Unity08 to register as a Political Action Committee.
Given the above information, what explains this discrepancy?
Answering this question would show a commitment to the spirit of financial transparency, which IS sorely lacking in politics today.
