Will the FEC Issue Ruling on Grass Roots Lobbying?
by Amanda Adams*, 6/29/2007
BNA Money and Politics ($$) reports that yes, the Federal Election Commission (FEC) is considering how to respond to the Supreme Court ruling in the Wisconsin Right to Life case. Commission Chairman Robert Lenhard said that he and his fellow commissioners did not have anything to say yet about the decision, but they expect to have an announcement soon.
The FEC has struggled in the past with the question of whether and how to write a regulation protecting grass roots lobbying messages from BCRA restrictions, but has been unable to reach a consensus. The new Supreme Court opinion, which provides guidance about which ads the Court views as constitutionally protected, could provide an impetus for a new effort to write an FEC regulation on the issue. It remains far from clear, however, whether the five current FEC commissioners will be able to agree on what such a rule should look like. The FEC tried to tackle the issue last year in response to a request for a rulemaking from a wide range of politically active organizations, including the Chamber of Commerce, the AFL-CIO, and several others. But the commission put off final action, as Democratic commissioners argued that the FEC should wait to see how the courts ruled.
The article notes the FEC's actions last August denying an exemption for certain ads that address specific legislation or policy. Last year's FEC proposal was put forward by Republican FEC commissioner Hans von Spakovsky who is now facing a controversial Senate confirmation. Von Spakovsky argued that the exemption would preserve First Amendment rights to petition the government, while ensuring that messages were not express electoral advocacy.
