FEC Issues Advisory Opinion; One NRLC Ad amounts to Electioneering
by Amanda Adams*, 11/25/2008
A month ago the Federal Elections Commission (FEC) failed to pass either draft advisory opinions regarding two proposed radio ads sponsored by the National Right to Life Committee Inc. (NRLC) considering whether or not they contained "express advocacy." Yesterday (Nov. 24) the FEC issued an advisory opinion stating; "The Commission concludes that the NRLC may use its general treasury funds to finance the broadcast of the first advertisement. The Commission could not approve a response by the required four affirmative votes regarding the NRLC's second advertisement."
This result is somewhat aligned with the draft A advisory opinion which concluded that the first ad does not contain express advocacy while, the second ad does. The two ads were essentaily very similar except one, which the FEC could not decide on, which stated at the end; "Barack Obama: a candidate whose word you can't believe in."
