|
Advocacy Blog
Thursday, January 03, 2008
What Will Become of the FEC?
The Federal Election Commission (FEC) has begun 2008 with only two sitting commissioners, Republican David Mason and Democrat Ellen Weintraubunder both serving expired terms themselves. A stalled Senate confirmation of commissioners was caused by the controversial Republican Commissioner Hans von Spakovsky who many opposed because of his work in the Justice Department's civil rights division where he supported efforts to require that voters present a photo ID. Bob Bauer at moresoftmoneyhardlaw.com has a few opinions on the state of the FEC, here and here.
Many blame Senate Minority Leader Mitch McConnell (R-KY) for insisting that all nominees were voted on together, and to ensure that von Spakovsky was not confirmed Senate Democrats blocked a vote on all nominations, to some extent causing this FEC "shutdown." A Democracy 21 press release states; "This action by Senator McConnell ensured that beginning on January 1, 2008 there would be no FEC capable of enforcing the campaign finance laws, opening investigations, issuing advisory opinions, writing regulations, bringing lawsuits, certifying public matching funds for presidential candidates or undertaking other activities that require the approval of a majority of the Commissioners."
One issue that will be left unresolved is the issuing of new rules on the disclosure of bundling contributions in accordance with the Honest Leadership and Open Government Act. As the New York Times reports, the "much-ballyhooed provision in the new law is being delayed indefinitely." The article also discusses other aspects of the new lobbying and ethics law and the realities now that the law has gone into effect on January 1.
The FEC will continue to process campaign finance disclosure reports and respond to court challenges. One of those important court cases that will be considered is one that challenges the disclosure requirements for funding of broadcast messages that refer to federal candidates in the weeks before an election. BNA Money and Politics ($$) reports that on January 10 a three judge federal court will hear the case brought forth by Citizens United. The FEC issued rules allowing genuine issue ads prior to an election that mention a candidate's name, but reporting requirements were upheld in the new rules.
Posted by Amanda Adams
|