No FEC Decision on NRLC Ads

The Federal Election Commission (FEC) could not reach an agreement on either draft regarding two proposed radio ads sponsored by the National Right to Life Committee Inc. (NRLC) and whether or not they contained "express advocacy". The alternative ruling drafted by FEC Chairman Donald McGahn, which stated that both NRLC ads could air without funding restrictions failed on a 3-3 party-line vote. According to BNA Money and Politics ($$), this indecision "raised new uncertainties about the rules for independent groups sponsoring political ads." As a result, the Office of the General Counsel was asked to prepare and circulate an additional draft. Attorney James Bopp requested the advisory opinion on behalf of the NRLC. "Bopp said in an e-mail to BNA that the commission meeting demonstrated 'that the FEC's regulations on express advocacy and exceptions to the electioneering communication ban are hopelessly vague and confusing,' The regulations 'give no clear guidance to citizens who must comply with them and it is obvious that even the FEC itself has no idea what the regulations mean and require,' he added." Meanwhile, the FEC approved 5-1 on the advisory opinion from VoterVoter.com. VoterVoter allows individuals to pay directly for ads backing a candidate while avoiding FEC limits on campaign contributions.
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