Oct 18, 2002 -- LEGAL CENTER WEEKLY REPORT October 18, 2002

McConnell v. FEC Enters Final Trial Phase

Parties Drafting Massive Briefs

McConnell v. FEC, the case testing the constitutionality of the Bipartisan Campaign Reform Act, is now entering its last phase at the U.S. District Court for the District of Columbia : the drafting and submission of briefs setting forth the views of eighty plaintiffs and multiple defendants in eleven separate cases.

By the close of discovery on September 23, thousands of pages of documents had been exchanged among the parties and hundreds of written interrogatories asked and answered. Dozens of depositions have all been taken, and by October 25, cross examination of all deponents will be complete.

Finally, all witness testimony in the case has been exchanged, and most has been made public. Because this is a "paper trial," witness statements will take the form of deposition transcripts, written expert reports and fact witness affidavits, rather than live testimony in open court.

For a complete library of those expert reports and fact witness declarations, as well as a description of their role in the lawsuit, please visit the Legal Center website and click "McConnell v. FEC: Witness Testimony."

Now, per an order by the District Court issued on October 15, the parties must submit their opening briefs to the Court by November 6. Opposition briefs, in which the parties address the arguments raised by their opponents, are due on November 18. Finally, reply briefs - the parties' last chance to make final responsive points - will be due on November 27. Oral argument will be held on December 4.

To view the Court's October 15 order, which sets forth the format, page limits and schedule for briefs, please click here.

Legal Center Advisory Board Member David Skaggs Encourages Youth Vote

Former U.S. House Representative David Skaggs, Executive Director of the Center for Democracy and Citizenship and a member of the Legal Center 's Advisory Board, has just released a "toolkit" to help candidates win the young adult vote. The Center's mission is to identify and implement ways to improve the performance of America 's representative democracy.

To view the Washington Post article on his efforts, please click here.

Senators McCain, Feingold, and Durbin Introduce Free Air Time Bill

On October 16, Senators John McCain (R-AZ), Russell Feingold (D-WI) and Richard Durbin (D-IL) introduced the Political Campaign Broadcast Activity Improvements Act (S. 3124). The legislation seeks to reduce the cost of campaign communications while increasing the flow of political information on the nation's broadcast systems.

On the Senate floor, Senator McCain characterized the Political Campaign Broadcast Activity Improvements Act as "another chapter in the effort to reform our political campaign system."

McCain continued, "By increasing the flow of political information, free air time can better inform the public about candidates and invite viewers to become more engaged in their government by learning more about the individuals seeking to represent them . . . This legislation builds on the long history of requiring broadcasters to serve the public interest in exchange for the privilege of obtaining an exclusive license to use a scarce public resource: the electromagnetic spectrum."

As detailed by the Alliance for Better Campaigns , the bill amends the Communications Act of 1934 to:

* require that television and radio stations, as part of the public interest obligation they incur when they receive a free broadcast license, air at least two hours a week of candidate-centered or issue-centered programming during the period before elections;

* enable qualifying federal candidates and national parties to receive up to $750 million worth of broadcast vouchers that could be used to air political advertisements on television and radio stations in each two-year election cycle (the voucher system will be financed by a spectrum use fee of not more than one percent of the gross annual revenues of broadcast license holders); and

* close loopholes in the "lowest unit cost" provision in order to ensure that candidates receive the same advertising rates that stations give to their high-volume, year-round advertisers.

The congressional sponsors of S. 3124 stated that they do not expect legislative action this year but plan to reintroduce the bill in the next session of Congress beginning in January 2003.

FEC Continues Rulemaking for Reform Act

The FEC will hold public hearings on the FEC's proposed rules on coordinated and independent expenditures October 23 and 24.

To view the Commission's draft rules on coordinated and independent expenditures and the comments submitted to the Commission by the Legal Center, other groups and the Reform Act's congressional sponsors, please click here.