Nov 19, 2007 -- CLC Sends Letter to FEC on Draft "Electioneering Communications" Rules

The Campaign Legal Center today sent a letter to the Federal Election Commission regarding the agency's draft alternative final rules to implement the Supreme Court's decision in Wisconsin Right to Life. Specifically, the letter reiterates and expands upon the arguments made on this blog Friday, urging the Commission to reject both alternative draft final rules at its meeting tomorrow and instead to promulgate a rule based on the original Notice of Proposed Rulemaking, with minor modifications as recommended in the Legal Center's written comments filed October 1. Additionally, the Legal Center letter today clarifies what seems to be a mischaracterization of the Legal Center's position on this matter by Mr. Jim Bopp in his letter to the Commission today.

Update 4:50 p.m.: Commissioner Weintraub has distributed an alternative draft rule to be considered at tomorrow morning's meeting. This alternative is a vast improvement over the drafts circulated by the Commission Friday. Commissioner Weintraub's proposed rule would largely mirror the WRTL Court's test by establishing a general umbrella "no reasonable interpretation" exemption, and a safe harbor for ads possessing the characteristics of WRTL's ads (i.e., content consistent with a general issue ad and lacking indicia of express advocacy). As the cover memo explains, Commissioner Weintraub's proposed alternative draft would amend "Draft B" of the drafts published Friday, suggesting (not surprisingly, given prior public statements) that Commissioner Weintraub will not be supporting the "Draft A" alternative to exempt WRTL-type ads from BCRA's disclosure requirements.