Apr 18, 2006 -- Campaign Legal Center Files Motion to Intervene in Maine BCRA Case on Behalf of Congressional Supporters

Washington, D.C. - On April 17, 2006, the Campaign Legal Center filed a motion on behalf of certain Members of Congress to intervene as defendants in Christian Civic League of Maine, Inc. (CCL) v. FEC, which challenges a portion of the Bipartisan Campaign Reform Act (BCRA). CCL is attacking the "electioneering communications" provisions of BCRA prohibiting corporate and union treasury funds from being used to influence campaigns right before an election through broadcast advertisements. The motion was filed on behalf of Senator John McCain (R-AZ), Senator Russell Feingold (D-WI), Representative Christopher Shays (R-CT), Representative Marty Meehan (D-MA), and Representative Tom Allen (D-ME).

"Giving corporations virtually free rein to run ads referring to federal candidates in the midst of an election flies in the face of what BCRA's electioneering communications provision was designed to prevent: corporations spending their general treasury funds to elect or defeat federal candidates," explained Trevor Potter, former Chairman of the Federal Election Commission and president of the Campaign Legal Center. "The CCL is perfectly free to run such ads by funding them through a PAC, but declined to do so," noted Potter.

During discovery last week, FEC attorneys uncovered evidence that the suit was actually instigated as a test case by campaign finance reform critic James Bopp, Jr., an attorney who has challenged BCRA's constitutionality since its inception. The court documents filed by the FEC yesterday made it clear that Bopp worked through the Colorado-based Focus on the Family group to search the United States for a group willing to run a candidate-specific ad that could be used to bring this as-applied challenge.

"This case is not about grassroots lobbying. It's a one-person crusade by Jim Bopp to take down a law he doesn't like," said Gerry Hebert, the Legal Center's Executive Director and Director of Litigation. "The Christian Civic League had no plans to broadcast this ad prior to the June 13 Maine primary until they met Mr. Bopp."

If successful, the motion to intervene would allow the lead Congressional sponsors of BCRA to be full parties to the case and defend BCRA. The disputed BCRA "electioneering communication" provision prohibits corporations and labor unions from using general treasury funds to pay for ads that clearly identify a federal candidate within 30 days of such candidate's primary election. The CCL ad at issue in the lawsuit refers to Senator Olympia Snowe, who is a candidate in the June 13 primary election. The CCL argues that the BCRA provision is unconstitutional in this particular case because the ad in question is intended to be a grassroots lobbying ad and, therefore, should be exempted from the definition of "electioneering communication."

The Legal Center is serving as-counsel in the case along with Democracy 21. University of Virginia law professor Dan Ortiz is also serving as legal counsel in the case, along with attorneys at the law firms: Wilmer Cutler Pickering Hale and Dorr; Heller Ehrman; and Munger Tolles and Olson. A hearing on the Christian Civic League's motion for a preliminary injunction has been scheduled for Monday, April 24, 2006.

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