[EL] FEC Adopts "Electioneering Communications" Rule

[Paul Ryan]

The FEC this afternoon adopted an amended version of Chairman Lenhard's
proposal circulated earlier today-an amendment offered by Commissioner
Weintraub that, in my view, significantly improved an otherwise
seriously flawed proposal.  Specifically, Commissioner Weintraub's
amendment inserted on p. 2 line 16 of Chairman Lenhard's proposal the
following words at the beginning of the line : "Content that would
support a determination that . . . ."  The effect of this amendment is
to make clear that an ad's focus on "public policy issue" does not per
se qualify the ad for the new exemption.  Instead, under the adopted
rule, the content of an ad focused on a public policy will be taken into
consideration by the Commission, along with whether the ad contains
"indicia of express advocacy," in determining whether the ad has a
reasonable interpretation other than as an appeal to vote for or against
a candidate (i.e., whether the ad is exempt).  Also, importantly, the
Commission retained the existing disclosure requirements for all ads
meeting BCRA's statutory definition of "electioneering communication."

 

Nevertheless, the Commission has yet to produce an "Explanation and
Justification" for the rule; nor has the Commission yet identified
example ads that fall inside and/or outside the new exemption as
promised in the regulatory language adopted today.  These elements are
important parts of the equation.

 

More analysis to come later this afternoon on the CLC blog.

 

PSR

 

________________________________________

 

Paul Seamus Ryan

FEC Program Director

 & Associate Legal Counsel

The Campaign Legal Center

1640 Rhode Island Ave. NW, Ste. 650

Washington, DC 20036

Office Ph. (202) 736-2200

Mobile Ph. (202) 262-7315

Fax (202) 736-2222

CLC Blog: http://www.clcblog.org <http://www.clcblog.org> 

CLC Web Site: http://www.campaignlegalcenter.org
<http://www.campaignlegalcenter.org> 

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