FEC Will Eventually Consider Guidance for Disclosing Independent Expenditures
by Amanda Adams*, 7/16/2010
The Federal Election Commission (FEC) had on the agenda advisory opinion requests from the Club for Growth and Commonsense Ten for its July 15 meeting, but the agency has put them off for now. According to BNA Money and Politics ($$), the FEC has given itself a July 21 deadline to respond to the requests, which could set guidelines for the reporting of independent campaign expenditures. BNA reports that, "the commission is considering issuing amended reporting forms for independent expenditures. The new forms could take into account the legal parameters established by court decisions handed down over the last year, such as by allowing a filer to check a box if it is collecting large contributions for independent campaign expenditures."
Club for Growth and a new group called Commonsense Ten asked for FEC rulings verifying that after recent court rulings, independent political organizations can accept unlimited contributions, including from corporations and unions. The requests also ask for guidance on reporting requirements. Reportedly, the FEC is receiving many similar questions. The Citizens United and SpeechNow.org decisions upheld disclosure requirements, but did not detail how reporting requirements would apply to activities that were previously illegal.
After announcing plans in April to issue a series of rulemakings, the FEC has failed to write any new rules or adopt policies. The advisory opinion requests allow the FEC to provide some guidance. However, if there FEC would go forward with a full rulemaking process, there is not enough time for new rules to be in place before 2010 election.
