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Advocacy Blog
Friday, July 27, 2007
Pence Amendment Blocks Funds To Enforce Ban on Electioneering Communications
Late yesterday afternoon the House voted 215-205 approving Rep. Mike Pence's (R-IN) amendment to the Department of Commerce and Justice, and Science, and Related Agencies appropriation bill (H.R. 3093). The Pence amendment prohibits funds appropriated in the bill from being used by the Department of Justice to enforce provisions of the Bipartisan Campaign Reform Act of 2002 (BCRA) dealing with ''electioneering communications.'' The amendment does not change the ability of the Federal Election Commission (FEC) to charge civil penalties. The electioneering communications section of BCRA prohibits the use of corporate or labor union funds to pay for broadcast advertisements that include the name of a federal candidate within 30 days of a primary or 60 days of a general election.
Some groups have protested the amendment, writing to House Members; "The recent decision in Wisconsin Right to Life v. FEC did not overrule McConnell and did not strike down the ''electioneering communications'' provisions but rather said they were unconstitutional as applied to certain ads. As a result, the ''electioneering communications'' provisions of BCRA remain the law of the land, as limited by the WRTL decision."
The FEC is expected this summer to conduct a rulemaking to provide guidance as to what ads are still covered by the "electioneering communications" provisions and what ads are protected as a result of the WRTL decision. Considering that the Supreme Court decision addressed genuine issue ads, the question presented with the Pence amendment is whether or not to repeal the electioneering provision entirely. According to CongressDaily ($$), Pence was not sure whether it would survive a conference report, and that he only submitted the amendment to make a statement. In a press release Pence said, "Today freedom of speech prevailed on the floor of the People's House."
Posted by Amanda Adams
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