"Translating a Ruling Into New Limits for Issue Ads"

As reported last month, the Federal Election Commission (FEC) plans to issue a proposed regulation some time in August in light of the June Supreme Court ruling in the Wisconsin Right to Life case. The Washington Post now discusses the intricacies of doing so. The FEC is likely to use the Court's opinion as a guide to make clear when an ad is permitted issue advocacy, and when an ad crosses the line into electioneering. The article discusses a debate that has unfolded between two election law specialists, Robert Bauer and Richard Hasen. How the FEC will tilt is hard to predict, [Richard] Hasen said, especially because the commission is in some disarray, with a vacancy, a member whose tenure has expired and four who are awaiting Senate confirmation. Any new regulations require the votes of at least four members to take effect.
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