Mike O'Neil from the Landmark Legal Foundation argues that the American Federation of Teachers is likely violating tax laws by claiming on their tax returns that they do not engange in political activities. Similar unions that conduct similar operations on behalf of candidates file their tax returns differently and disclose that they are politically active.

O'Neil says the AFT's way of completing the tax forms could be saving them a significant amount of money because, otherwise, they would have to pay some taxes on funds raised and used for political activity.