Oct 27, 2008 -- Legal Center Weekly Report: October 27, 2008

CLC Files Additional Comments Opposing National Right to Life Committee's Requested Exemption From "Electioneering Communication" Restrictions

The Campaign Legal Center, together with Democracy 21, filed comments October 22 with the FEC regarding a draft advisory opinion prepared by the Commission's General Counsel in response to an advisory opinion request (AOR 2008-15) submitted by the National Right to Life Committee, Inc. ("NRLC") earlier this month. NRLC requested "guidance as to whether it is permitted to broadcast two radio advertisements that mention a federal candidate for office." The Legal Center had filed comments with the Commission on October 9 in response to the initial advisory opinion request.

The legal question at issue is whether the ads can only reasonably be interpreted as an appeal to vote against Sen. Obama—and are therefore subject to federal law restrictions on corporations and labor unions using treasury funds to make "expenditures" and "electioneering communications." The Legal Center took the position in its October 9 comments that both ads are subject to the corporation/union funding restrictions. On October 21, the Commission's General Counsel published a draft advisory opinion concluding that one of the proposed ads may be paid for with corporate funds, while the other may not. In its October 22 comments, the Legal Center urged the Commission to reject the General Counsel's analysis and to instead conclude that both ads are subject to the corporate funding restrictions.

At its meeting October 23, the Commission was unable to muster the necessary four votes to approve the General Counsel's draft opinion or an alternative draft opinion by Commission Chairman McGahn—with at least one Commissioner agreeing with the Legal Center's position that both ads are subject to the corporate restrictions and three Commissioners of the view that neither of the two are subject to regulation. Consequently, the Commission is continuing to debate the issue internally and may vote on a third draft opinion in the coming days.

Wisconsin Court Rejects Attempt to Purge Voter Rolls

On October 23, 2008, a Wisconsin state court judge dismissed a lawsuit brought by Wisconsin's Attorney General against the state's election board (the Government Accountability Board).

The lawsuit asked the Court to order the GAB to match names in the voter registration data base and remove voters from the rolls if their information did not match another database maintained by the state. The suit was premised on a claim that such a purge was required by the Help American Vote Act (HAVA). The court, however, held that neither HAVA nor Wisconsin law required that Wisconsin's voter registration lists be matched with other state databases as a condition on the right to vote. The court also made clear that neither HAVA nor Wisconsin law requires re-registration at the polls where a mismatch of data existed.

The Campaign Legal Center and other groups filed a brief as amici curiae in the case, Van Hollen v. Wisconsin Government Accountability Board.

Groups Launch Online Campaign to Educate Voters

The Campaign Legal Center, the Lawyers' Committee for Civil Rights Under Law (LCCRUL), and the Leadership Conference on Civil Rights (LCCR) held a press conference call on October 22, 2008 to launch a national online campaign focused on voting problems in seven battleground states- Ohio, Florida, North Carolina, Virginia, Indiana, and Nevada.

This effort is part of a national movement to educate voters who are expected to turn out in record numbers for an election of historic proportions. The campaign aims to educate voters about their rights and to counter tactics that are being utilized in an attempt discourage voters from casting ballots, particularly the elderly, students, and minority voters.

NASS Responds to Groups Call to Clarify Voting Rights of Those Facing Foreclosure

On October 21, 2008, the National Association of Secretaries of State (NASS) sent out an alert to election officials nationwide, urging them to educate voters and combat misinformation campaigns. The alert came in response to a letter sent the day before by the Campaign Legal Center and numerous other organizations urging NASS to call on its members to issue public statements and guidance to election officials stressing that people facing foreclosure on their homes retain their eligibility to vote.

The NASS alert focused on the letter from the coalition and encouraged its membership to clarify numerous issues raised by misinformation campaigns designed to confuse voters and suppress voter turnout.

The coalition letter was prompted by widespread media attention to alleged plans in some areas to challenge voters whose names have appeared on home foreclosure lists. The stories have caused confusion and raised concerns and fears for many citizens. The coalition stressed the vital importance of clarifying the issue for voters and properly instructing election officials and poll workers. The groups emphasized that voters should be allowed to cast their ballots "free from intimidation, misinformation and fear." The letter was also sent to individual Secretaries of State in "battleground states" or where issues have already arisen regarding voters and mortgage foreclosure lists.

Among the groups signing the letter were Leadership Conference on Civil Rights (LCCR), American Civil Liberties Union (ACLU), Common Cause, DEMOS, The League of Women Voters, FairVote and National Council of La Raza (NCLR).

CLC FEC Program Director Speaks At George Mason University Law School Election Law Symposium

Legal Center FEC Program Director Paul S. Ryan spoke October 23 at a George Mason University (GMU) Election Law Symposium on "The Future of Campaign Finance Reform." The symposium was hosted by the GMU Civil Rights Law Journal and the law firm of Jones Day. Mr. Ryan focused his remarks on the Supreme Court's 2007 decision in Wisconsin Right to Life, the FEC's treatment of organizations as "political committees," and recent litigation pertaining to both of these areas of the law. Also on the campaign finance reform panel with Ryan were FEC Chairman Donald McGahn, GMU law professor Allison Hayward, GMU adjunct law professor Thomas Beck and Wiley Rein partner and election lawyer Jan Baran.

Legal Center Blog Highlights

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Week in the News

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