AO 2017-03: Urological associations no longer affiliated
The American Association of Clinical Urologists, Inc. (“AACU”) and its separate segregated fund are no longer affiliated with the American Urological Association, Inc. (“AUA”).
Background
The AACU and AUA are incorporated membership organizations. The American Association of Clinical Urologists PAC (“UROPAC”) is a separate segregated fund the AACU created in 1992. The AACU was founded by AUA officers and ties remain between the organizations. The AACU’s board of directors includes seats for one AACU member from each AUA geographic section, the AACU, AUA, and AUA sections work together in a number of ways, and 98% of AACU members as well as 13 of 14 AACU board members are also AUA members.
In Advisory Opinion (AO) 2002-15, the Commission determined that the AUA and AACU were affiliated organizations. From 2003 until 2015, the AACU and AUA both acted as connected organizations of UROPAC.
On January 1, 2016, the AUA ceased its support for UROPAC. As a result, UROPAC removed the AUA as a connected organization on its Statement of Organization. Some AUA sections have continued to support UROPAC and UROPAC continues to solicit AUA members.
In the past, the AACU and AUA have entered several formal and informal arrangements, including affiliation agreements. The most recent affiliation agreement expired without renewal.
The AACU and UROPAC requested an advisory opinion affirming that that the AACU and the AUA remain affiliated.
Analysis
The Federal Election Campaign Act and Commission regulations consider political committees, including separate segregated funds, to be affiliated if they are established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch or division, department, or local unit thereof.
Commission regulations provide a non-exhaustive list of ten circumstantial factors to be considered in the context of the overall relationship to determine whether the respective entities should be considered affiliated. In AO 2002-15, the Commission concluded that the AACU and AUA were affiliated because six of these ten circumstantial factors weighed in favor of affiliation. Now, the Commission finds that seven of the ten factors weigh against affiliation. As a result, the two organizations are no longer affiliated.
Date issued: June 22, 2017; Length 15 pages
Relevant citations:
Regulations:
11 CFR 100.5(g)(4)
Political committee; Determination of affiliation
11 CFR 110.3(a)(3)
Contribution limitations for affiliated committees; Factors indicating affiliation
Advisory opinions:
AO 2002-15
Affiliation of trade associations consisting of physician members who specialize in urology
Resources: