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Nov 30, 2007 -- Legal Center Weekly Report: November 30, 2007

CLC Weighs In On FEC's WRTL Rulemaking

The draft final rules published November 16 by the Federal Election Commission's Office of General Counsel to implement the Supreme Court's decision in Wisconsin Right to Life (WRTL) were met with widespread dismay. The Legal Center and other reform-oriented organizations, as well as counsel to WRTL and other political attorneys joined in criticizing both alternative proposals. The Legal Center voiced its dissatisfaction with the agency's draft alternative final rules through several CLC blog posts and in a letter sent to the Commission November 19 and 20. Last minute changes were made to the rule at the Commission's November 20th meeting. The major concern expressed by the Legal Center was that the FEC not go beyond the Supreme Court's ruling and open the floodgates for sham issue ads in the 2008 election. The rule adopted by the FEC, in a 4 to 1 vote, substantially mirrors the exemption standard established by the Supreme Court and goes no further. Commissioner Weintraub, who offered the last-minute amendment, thanked the Legal Center's FEC Program Director Paul S. Ryan for his ongoing involvement throughout the process.

Reform Groups Call for Proper Implementation of New Lobbying Reforms

The Campaign Legal Center, along with other reform groups, sent a letter last week urging House Clerk Lorraine C. Miller and Secretary of the Senate Nancy Erickson to implement the new lobbying disclosure reforms in the Honest Leadership and Open Government Act (HLOGA) "in a manner that is consistent with the language and purpose of the statute, and with the intent of Congress to provide the public with broad disclosure of the money being raised and spent by lobbyists to influence Congress."

The reform groups include the Campaign Legal Center, Common Cause, Democracy 21, the League of Women Voters, Public Citizen and U.S. PIRG.

The House Clerk and Senate Secretary are expected to issue new rules and forms to implement the HLOGA in December.

National Redistricting Reform Effort Hires Veteran Director, Nears Launch

On November 29, the Campaign Legal Center, along with the League of Women Voters and the Council for Excellence in Government, announced that Pam Pryor had been selected as project director of Americans for Redistricting Reform. The project Ms. Pryor will lead is slated to launch officially in early 2008 and has been guided by a broad coalition of organizations. With initial funding provided by the Rockefeller Brothers Fund, the new initiative's goal is to build public support and be a resource for state-level redistricting reform efforts throughout the country.

CLC Files Comments in Lobbyist Bundling Disclosure Rulemaking

Today the Campaign Legal Center, together with Democracy 21, Common Cause, the League of Women Voters and U.S. PIRG, filed comments in response to the Federal Election Commission's Notice of Proposed Rulemaking (NPRM 2007-23) on "Reporting Contributions Bundled by Lobbyists, Registrants and the PACs of Lobbyists and Registrants."

The comments address several issues raised in the NPRM and urge the Commission to interpret the new statute in such a way as to provide the public with the "broadest possible disclosure"—a phrase used by Congress in the statute itself—of lobbyist bundling activities. The Commission has not yet announced the date of its hearing in this rulemaking proceeding, but the Legal Center has requested the opportunity to testify at the hearing.

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: "FEC Adopts Rule to Interpret WRTL," "Chairman Lenhard's Proposal Falls Short," "Another 'Cost of Doing Business' Fine for Media Fund's 527," "CLC Sends Letter to FEC on Draft 'Electioneering Communications' Rules," "CLC Files Comments in Lobbyist Bundling Disclosure Rulemaking," or to sign up for the blog, click here.

Week in the News

To read a variety of this week's editorials and articles on a variety of Campaign Legal Center issues, including an Op-Ed by J. Gerald Hebert featured in The Politico, please click here.