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Aug 25, 2006 -- Legal Center Weekly Report: August 25, 2006 Legal Center Files Comments Opposing Sham Issue Ad Loophole
The Campaign Legal Center and Democracy 21 filed comments on August 22, 2006 with the FEC opposing a draft interim final rule proposed by Commissioner Hans von Spakovsky earlier this month, which would create an exemption from Bipartisan Campaign Reform Act (BCRA) "electioneering communication" restrictions for so-called grassroots lobbying ads. The proposed rule would reopen the issue ad loophole closed by BCRA in 2002. The FEC is scheduled to consider the draft interim final rule at its public meeting Tuesday, August 29.
In their joint comments, the Legal Center and Democracy 21 objected to Commissioner von Spakovsky's attempt to circumvent the normal rulemaking process by rushing the proposed "interim" rule through on an "emergency" basis—without formal public notice or opportunity for public comment.
To read the comments filed in response to the draft interim rule, click here.
To read the draft interim final rule, click here.
Earlier this week, the Legal Center again joined Democracy 21 in filing an additional set of comments regarding an advisory opinion request by Unity08. The second filing urges the Commission to advise Unity 08 that it is a "political committee" under federal law, and as such subject to all contribution limits and reporting requirements. The Legal Center first submitted filing to this request on June19.
Unity 08, however, has asked the Commission for a fourth time to declare that the organization is not a "political committee," and that it won't become one until the summer of 2008 when it formally endorses a presidential ticket. Prior to that time, Unity 08 wishes to raise and spend funds to influence the 2008 presidential election without complying with federal campaign finance restrictions. The Legal Center's comments explain in detail why Unity 08's request to operate outside the campaign finance laws should be denied.
According to a draft advisory opinion issued by the FEC's general counsel on July 13, the FEC ruled "Unity 08 must register as a political committee and therefore is subject to the reporting requirements and limitations and prohibitions of the Act."
To read the comments submitted this week by the Legal Center and Democracy 21, click here.
To read the comments submitted on June 19, click here.
To read the blog entries regarding Unity 08's political status, click here.
On Thursday August 24, 2006, the Campaign Legal Center along with Democracy 21 filed comments in response to AOR 2006-24 submitted earlier this month by the party committees seeking permission to raise non-federal funds (i.e., "soft money") for use in recounts and contests of election results following the 2006 mid-term elections. The party committees also seek permission for their federal candidates to raise soft money for such purposes.
Earlier this month the National Republican Senatorial Committee (NRSC), the Democratic Senatorial Campaign Committee (DSCC), and the Republican Federal Committee of Pennsylvania posed essentially the same question to the FEC for the third time. Twice before, the Commission's general counsel has recommended that the Commission adopt an opinion that BCRA now requires the committees (and their federal candidates and officeholders) to raise and spend only hard money for recount purposes. The law requires funds raised and spent for recount activities to be both "contributions" and "expenditures," and therefore subject to the hard money contribution limits and source prohibitions that apply to both federal candidates and political parties.
To read the comments filed by the Legal Center and Democracy 21, click here.
To read AOR 2006-24, click here.
Legal Center Blog Highlights
Each week, the Campaign Legal Center staff posts blog entries on its site, www.clcblog.org. To read this week's entries, "Why Lobbying Reform is No Longer Cool," "Keeping the Sham Issue Ad Loophole Closed," "Unity 08 Political Committee Status is Still a Slam Dunk," and "Playing Games at the FEC" or to sign up for blog updates, click here.
To read a variety of this week's editorials and articles on campaign finance , please click here.
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