PRESS STATEMENT

--For Immediate Release--

Media Contact: Kay Guinane, 202/234-8494, kguinaneATombwatch.org

Law Meant to Regulate 'Sham' Issue Ads Instead Silences Citizens Groups
Fear of loopholes is groundless

Statement of AFL-CIO, Chamber of Commerce, National Education Association
and OMB Watch
September 25, 2006

WASHINGTON -- Sept. 8, 2006 marked the beginning of a 60-day blackout period for broadcasts that mention federal candidates, even if the broadcasts are wholly unrelated to the election. During this time, it will be a federal crime for unions, other nonprofits, and business corporations to air a message asking citizens to contact representatives in Congress to vote yes or no on a bill.

As organizations deeply concerned with public policy issues, we condemn this clampdown on free speech and call on the Federal Election Commission (FEC) to use its power under the McCain-Feingold campaign reform law to exempt broadcasts that are unrelated to federal elections.

Campaign finance rules are supposed to protect us from corruption, but blocking off legislative and issue broadcast communications with the public does not serve that purpose. In order for democracy to function and government to be held accountable, citizens must be able to contact legislators and legislators need to hear from them. One of the most effective ways for citizen groups to reach the public is through broadcast communications.

Background

The "electioneering communications" rule, part of the 2002 McCain-Feingold law, bans broadcast ads by unions, other nonprofits, and business corporations that mention a federal candidate if the ads run 60 days before a general election or 30 days before a primary or nominating convention. That law also expressly authorizes the FEC to exempt ads from the ban that do not "promote, support, attack or oppose" identified federal candidates.

On August 29, the FEC deadlocked on a carefully crafted proposal by one of the Commissioners to exempt grassroots lobbying broadcasts from this overly broad ban. It largely echoed a proposal from nonprofit groups this past February, which was supported by over 200 organizations across the political spectrum and opposed only by a small number of self-styled "reform" groups that -- unlike most of the supporting organizations -- have no members and are accountable only to the foundations that fund them.

The FEC also deadlocked on a proposal simply to begin internal consideration of what exemptions might be appropriate, for possible later approval for the 2008 election cycle. In the end the FEC simply refused even to consider the merits of the issue.

Loopholes: A Sham Issue

To date, media reports on this issue have given undue attention to the overheated and misleading rhetoric from a few inside-the-beltway reform groups, which rarely miss an opportunity to angrily denounce any interpretation of the McCain-Feingold law that makes room for genuine issue ads. These groups frequently accuse those who disagree with them, and who actually operate under the campaign finance laws, of having base motives and corrupt intent. The irony, of course, is that groups that claim to stand for a purer and more civil politics perpetuate the worst tendencies in Washington political discourse, relying on sound bites instead of facts and avoiding debate on the merits by claiming anyone who disagrees with them is against reform.

These "reform" groups make no effort to offer a constructive proposal to distinguish grassroots lobbying from campaign ads. Instead, they make dire predictions about "huge loopholes" and impugn the integrity of organizations that collectively represent tens of millions of ordinary citizens. Nor do they offer any argument about how a reasonable grassroots lobbying exemption could be abused. In fact, during 2004, charities and religious organizations were entirely exempt from the "electioneering communications" rule, and the record is clear that no "abuse" occurred.

Nonprofit groups, unions, and corporations have legitimate reasons to broadcast lobbying messages naming federal officeholders at any time, including time periods leading up to federal elections. But under the present rule, we can't. This means that unless Congress closes down during the campaign season, it can enact or block important legislation or appropriate hundreds of billions of dollars during the blackout period, without the public being able to receive information or respond to what Congress is doing.

We challenge opponents of protection for grassroots lobbying broadcasts to debate the issue on the merits, and not to hide behind unsubstantiated hyperbole and attacks. The FEC should consider the merits of alternative proposals to protect legitimate grassroots lobbying. Otherwise, the constitutional rights of nonprofits to speak out on the issues of day in broadcast media, where most citizens can access the information, will effectively be denied. Unfortunately, that will be the case between now and Nov. 7, to the detriment of both public discourse and good government.

FOR MORE INFORMATION CONTACT:

AFL-CIO -- Laurence Gold, Associate General Counsel, 202/328-1666, ext 1352

Chamber of Commerce -- Jan Baran or Thomas W. Kirby, Wiley Rein & Fielding LP 202/719-7062

National Education Association -- Margaret McCormick, NEA Office of General Counsel, 202-822-7035

OMB Watch -- Kay Guinane, Director, Nonprofit Speech Rights 202/234-8494 or Bob Bauer and Karl Sandstrom, Perkins Coie, 202/628-6600

Petition is online at http://www.fec.gov/pdf/nprm/lobbying/orig_petition.pdf