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Advocacy Blog
Tuesday, August 29, 2006
FEC Turns Down Exemption to Blackout of Grassroots Lobbying Broadcasts
In a series of votes stunning for their contradictory rationales, the Democrats on the Federal Election Commission blocked
- a proposed Interim Rule that would have exempted grassroots lobbying broadcasts from a federal rule banning such ads 60 days before an election or 30 days before a primary if they mention legislators, governors or the President if they are running for federal office (the "electioneering communications" rule)
- a motion to begin a full blown formal rulemaking process to consider a grassroots lobbying exemption, and
- a motion to authorize the FEC's General Counsel to draft a proposed rule, including alternatives submitted by all Commissioners, to consider a formal rulemaking process.
A detailed description of the FEC's discussion of the issues is on Bob Bauer's blog.
At first Commissioner Ellen Weintraub, acting for the Democrats, objected to the proposed Interim Rule because a full rulemaking process has not taken place. But when just such a procedure was proposed, she and the other Democratic Commissioners blocked it. Then they effectively blocked discussion of the issue for the foreseeable future by voting down a motion authorizing the FEC's attorneys to prepare draft rules for consideration and discussion, claiming they want to wait for guidance from the courts. But the law gives the FEC, not the courts, the authority to create exemptions from the "electioneering communications" rule.
While opinions on what should be done about genuine issue ads swept up in the ban on sham issue ads differ, the public deserves consideration of the merits of proposals to protect grassroots lobbying broadcasts. Today the three Democratic Commissioners blocked such discussion. It was a loss for civic participation and grassroots involvement in democracy.
Posted by Kay Guinane
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