FEC May Approve VoterVoter.com
by Amanda Adams*, 10/14/2008
In April, we reported about a new website called VoterVoter.com. According to BNA Money and Politics ($$), the Federal Election Commission (FEC) is likely to support the VoterVoter.com proposal that would allow individuals to pay directly for television ads supporting a candidate while avoiding FEC limits on campaign contributions. During an open meeting FEC commissioners indicated some approval for the advisory opinion (AO 2008-10) for the VoterVoter.com request, but a final vote was put off.
The new model would allow individuals to fund messages on their own without a contribution limit. [. . .] An individual could use VoterVoter.com to pay for placing a favorite video on television as a paid advertisement. VoterVoter.com would make arrangements with television stations to place an ad, in line with the wishes of the person paying for the air time. If this activity is not coordinated with a candidate, it may be considered an "independent expenditure" not subject to any spending limit. The ads funded also would not have to avoid any so-called magic words but could expressly advocate the election or defeat of a candidate.
Brad Smith, a former FEC commissioner, submitted comments on the draft advisory opinions, concerned that a person wishing to create or pay for a campaign ad may be subject to regulation as part of a "political committee."
"For example, Smith objected to the draft's suggestion that coordination between a creator and funder of an ad could bring the FEC political committee rules into play."
