PHOENIX (CBS5) -
Sheriff Joe Arpaio said taxpayers are not footing the bill for his Cold Case Posse and a deputy to travel to Hawaii to investigate President Obama's birth certificate.
The Cold Case Posse is its own nonprofit organization entitled to tax-exempt status.
Valley attorney, Ellis Carter, who specializes in nonprofit law, said there's a fine line for nonprofits when it comes to being involved in partisan politics.
"Any amount of activity that would be in opposition to or support of a candidate risks your tax-exempt status," said Carter.
She said she believes it's possible the IRS would have the ability to look into the matter as it relates to the posse because this close to an election, Arpaio's investigation has a political flavor that she deems could be inappropriate.
Arpaio denies his actions are politically motivated.
"I don't care whether he's on the ballot or not. It has no bearing on our investigation of fraudulent documents," said Arpaio.
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