The group's status as a non-profit organization came into question when they asked the Federal Election Commission whether the group could defer registering as a political action committee until after its candidates for the 2008 presidential election are named. A draft released by the commission in July 2006 concluded that "Unity08 must register as a policy committee and therefore is subject to the reporting requirements and limitations and prohibitions." In October 2006, the commission voted on the matter and declared that the group must register as a political action committee.