Bill to Repeal Restrictions on Broadcasts During Election Season Introduced in House

On Feb. 11, Rep. Roscoe Bartlett (R-MD) introduced HR 3801, a bill to repeal “electioneering communications” restrictions in the Bipartisan Campaign Reform Act (BCRA) that ban broadcasts that refer to federal candidates 60 days before a general election or 30 days before a primary election or nominating convention. House Majority Whip Roy Blunt (R-MO), one of the 12 cosponsors, may improve the bill’s chance of getting serious consideration. The bill has been assigned to the Committee on House Administration. Titled the “First Amendment Restoration Act,” the bill removes the ban on most payments by corporations, including nonprofits, and labor unions for radio, television, cable and satellite communications that refer to federal candidates in the period before elections. It also removes requirements for disclosure of expenditures for these communications for groups that are allowed to make them. All the cosponsors opposed BCRA two years ago. Rep. Bartlett held a press conference to announce the bill and had the support of organizations including the American Civil Liberties Union, the American Conservative Union and the National Rifle Association. Rep. Bartlett said many members of Congress voted for BCRA believing the restrictions on “electioneering communications” would be held unconstitutional. However, the Supreme Court upheld the restrictions, and Bartlett said many of these members might now be willing to support his bill. He indicated a companion bill might be introduced in the Senate. The Federal Election Commission’s regulations on “electioneering communications” exempt 501(c)(3) organizations because of the ban on such groups to take sides in elections. The regulation also exempts unpaid broadcasts given that it was written to limit soft money contributions. BCRA’s House sponsors, Reps. Chris Shays (R-CT) and Marty Meehan (D-MA), have challenged these exemptions in court.
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