Contact: Anna Oman, 202/234-8494, aoman@ombwatch.org PRESS RELEASE --For Immediate Release-- Organizations Urge Federal Election Commission to Quickly Resolve Grassroots Lobbying Question Groups call on Commission to Lift Election Law Ban for Certain Broadcasts Washington, April 20--Nonprofit organizations urged the Federal Election Commission (FEC) this week to quickly begin the process of rulemaking that would exempt legitimate grassroots lobbying from election-law restrictions. The groups called on the commission to act before Labor Day, when current law will otherwise silence nonpartisan broadcasts mentioning federal candidates made by nonprofit organizations. A grassroots organization would be barred, for instance, from mentioning a U.S. Senator, whose support might be crucial to the success of upcoming legislation that affects its members, if that Senator is running for re-election. The Bipartisan Campaign Reform Act of 2002 (BCRA) bans "electioneering communications," broadcasts that refer to federal candidates within 60 days of a general election or 30 days of a primary. Until recently, however, the FEC did not apply this prohibition to charitable and religious organizations. Because these groups are already barred from any partisan activity under the tax code, it was understood that their work would center around issues not candidates. The nonprofit groups presented suggested criteria for distinguishing genuine grassroots lobbying broadcasts from sham issue ads. According to what they felt would be a "good standard that balances the concerns of all sides," broadcasts would be exempt if they:

• identify a federal candidate only as an incumbent public officeholder
• only discuss specific current legislative or executive branch matters
• call on an official to take a particular position or action in his or her official capacity or asks the public to contact them and urge them to do so
• limit statements on an official's record to his or her public statements or official actions
• do not refer to the election, candidacy or political parties, and
• do not comment on the officeholder's character or fitness for office.

The FEC is now considering whether to create a rule to exempt grassroots communications after a challenge to the law by a Wisconsin-based nonprofit group that reached the Supreme Court in January. The high court overturned an early decision of a lower court and ruled that the FEC "has the authority to enact rules to exempt this kind of advertising from the broadcast ban." Another constitutional challenge of the ban is underway in Maine, and nonprofit groups that want to broadcast messages about upcoming legislation are anxious for resolution of the issue before this year's election season begins. ###