527 Turns to Wisconsin Right to Life Case for Support
by Amanda Adams*, 2/22/2008
Relying on the Wisconsin Right to Life (WRTL) decision, a newly formed 527 committee argues that they can broadcast their ads, and that under WRTL the pieces are issue advocacy. The 527, the American Leadership Project (ALP), claims that it will not engage in express advocacy and will focus its efforts on issues that are important to the middle class such as the economy.
Meanwhile, Bob Bauer (also Senator Barack Obama's lawyer) at moresoftmoneyhardlaw.com argues that their actions violate federal campaign finance law and the group should be considered a political committee.
It is questionable if this ad titled "Tell Hillary to Keep Working" from ALP could in fact subject to an "interpretation other than as an appeal to vote for or against a candidate." It appears to be very supportive of Senator Clinton's candidacy.
ALP spokesman Roger Salaazar stated; "We are not going to be airing any advertisements that contain express advocacy on behalf of a federal candidate. These are issue ads that focus on issues that are important to the middle class."
According to the election law blog, the ad "is exactly the kind of election-related speech that the Roberts Court seemed to bless with a huge exemption in WRTL." Given that it is unclear whether or not it is issue advocacy, that statement is also questionable.
Whether a group engaged in express advocacy can spend an unlimited amount of money is the subject of the SpeechNow.org case. Read OMB Watch coverage of the SpeechNow.org case here.
