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Oct 19, 2007 -- Legal Center Weekly Report: October 19, 2007
The Legal Center's Associate Legal Counsel Paul S. Ryan testified before the FEC this week in the Commission's hearing regarding its ongoing rulemaking (NPRM 2007-16) to interpret the Supreme Court's recent decision in Wisconsin Right to Life v. FEC ("WRTL"). Ryan urged the Commission to continue enforcing federal law disclosure requirements—requirements not challenged in WRTL—for all ads meeting the statutory definition of "electioneering communication," even those ads now exempt from the federal law funding restrictions under the Supreme Court's decision in WRTL.
Earlier this month, the Legal Center had filed two sets of written rulemaking comments with the Commission one of which was cosigned by attorney Bob Bauer of Perkins Coie, who often disagrees with the Legal Center on matters of campaign finance reform; the other , more detailed written comments were filed jointly by the Campaign Legal Center, Democracy 21, the Brennan Center for Justice, Common Cause, the League of Women Voters and U.S. PIRG.
Both filings urge the Commission to issue a rule limiting the new exemption for ads like those at issue in the WRTL case to the corporate/union funding restrictions, and not extending the new exemption to the existing disclosure requirements for all ads that meet the statutory definition of "electioneering communication." In the more detailed filing, the Legal Center not only explained in depth why the Commission should retain its disclosure requirements for all ads meeting the statutory definition of "electioneering communication," but also urged the Commission to make some important modifications to its proposed rule, to make clear that "indicia of express advocacy" and language "condemning" a candidate's record on an issue would constitute strong "red flag" evidence that the ads should not be exempt from the "electioneering communication" funding restrictions.
The Commission is expected to publish its new rule interpreting the WRTL decision within the next month, so the rule will be in effect by the time the "electioneering communication" 30-day pre-primary time period begins in December.
Amici Status Granted to Legal Center in EMILY's List Case
On October 18, 2007, the U.S. District Court for the District of Columbia (Kollar-Kotelly, J.) granted the motion for leave to participate as amici curiae filed by Campaign Legal Center, together with Democracy 21 and Bipartisan Campaign Reform Act sponsors Senator McCain, Senator Feingold and Representative Shays, in EMILY's List v. FEC.
The case challenges the constitutionality of FEC regulations that govern how much federal hard money a federal political committee must use to fund its "mixed" or "generic" political activities that affect both federal and non-federal elections, such as voter mobilization efforts. The amici brief supports the constitutionality of the regulations and describes the historical background and purpose of the regulations. Amici also argue that, contrary to the plaintiff's position, the recent Supreme Court decision in FEC v. Wisconsin Right to Life, Inc. (WRTL II) is not relevant to the EMILY's List case. As the brief explains, WRTL II " addresses a different provision of the federal campaign finance law, a different type of regulated entity, and a different set of facts."
Legal Center Files Petition in Texas Vote Fraud Case
This week, a petition was filed in a state district court in Dallas, Texas, by a former candidate for the Texas State House of Representatives, Harriet Miller. Ms. Miller ran unsuccessfully as the Democratic nominee for the seat in 2004 and 2006. Her October 15 petition alleges that false accusations of vote fraud were made against her in 2006 by both the Republican Party Chairman of Dallas County and her Republican opponent. The petition asserts that these accusations were made with malice in that they were knowingly false or were done with reckless disregard as to whether they were false or not. The petition seeks damages and other relief available at law and equity. The Legal Center is serving as co-counsel to Ms. Miller.
Legal Center Blog Highlights
Each week, the Campaign Legal Center staff posts blog entries on its site, www.clcblog.org . Click to read this week's entries: " Kangaroo Court Won't Fix the Problem ," " Obama Accuses von Spakovsky of Undermining Civil Rights " and " Legal Center Filing: WRTL Irrelevant to EMILY's List Case ," or to sign up for the blog, click here .
To read a variety of this week's editorials and articles on a variety of Campaign Legal Center issues, please click here .
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