FEC to Consider Interim Rule Protecting Grassroots Lobbying
On August 29, 2006, the Federal Election Committee (FEC) will consider an interim final rule that would provide an exemption to the electioneering communication prohibition contained in the Bipartisan Campaign Reform Act (BCRA) for certain grassroots lobbying communications on issues of public policy. Earlier this year, over 200 nonprofit organizations urged the FEC to conduct a rulemaking on this very matter.
Under current law, broadcast advertisements that mention a federal candidate are prohibited within 30 days of a primary election or nominating convention or within 60 days of a general election. This prohibition includes some grassroots lobbying broadcast advertisements, even though these communications have nothing to do with influencing elections but rather influencing elected officials on legislative matters that happen to arise in an election year. According to the Alliance for Justice, “If the FEC accepts this proposed interim final rule on August 29, pure grassroots lobbying broadcast ads would be protected through the 2006 election cycle. The FEC would meanwhile consider additional public comments and promulgate a permanent final rule for future years.”
The interim final rule is being proposed by FEC Commissioner Hans A. von Spakovsky. In a statement Commissioner von Spakovsky said, “The right of citizens to ‘petition the Government’ is a fundamental First Amendment right explicitly recognized by the Founding Fathers. It is vital to our democratic process that we continue to protect that right through an exemption for grassroots lobbying on matters of public importance being considered by Congress and the President.”
According to Commissioner von Spakovsky, his proposed rule would permit organizations otherwise subject to the electioneering communication prohibitions to air a television or radio communication during the 30-day period before a Federal primary election and 60-day period before a Federal general election, so long as that communication:
* is directed to an incumbent officeholder in his capacity as an officeholder, and not in his capacity as a candidate;
* has as its subject matter a public policy issue under consideration by Congress or the Executive Branch;
* urges the incumbent officeholder to take a particular position or action with respect to the public policy, or urges the general public to contact the incumbent officeholder for the purpose of encouraging him to take a certain position or action;
* does not reference the individual’s character, qualifications, or fitness for office;
* does not reference any Federal election or a political party; and
* does not promote, support, attack, or oppose any candidate for Federal office.
More information on this once the FEC acts.
Under current law, broadcast advertisements that mention a federal candidate are prohibited within 30 days of a primary election or nominating convention or within 60 days of a general election. This prohibition includes some grassroots lobbying broadcast advertisements, even though these communications have nothing to do with influencing elections but rather influencing elected officials on legislative matters that happen to arise in an election year. According to the Alliance for Justice, “If the FEC accepts this proposed interim final rule on August 29, pure grassroots lobbying broadcast ads would be protected through the 2006 election cycle. The FEC would meanwhile consider additional public comments and promulgate a permanent final rule for future years.”
The interim final rule is being proposed by FEC Commissioner Hans A. von Spakovsky. In a statement Commissioner von Spakovsky said, “The right of citizens to ‘petition the Government’ is a fundamental First Amendment right explicitly recognized by the Founding Fathers. It is vital to our democratic process that we continue to protect that right through an exemption for grassroots lobbying on matters of public importance being considered by Congress and the President.”
According to Commissioner von Spakovsky, his proposed rule would permit organizations otherwise subject to the electioneering communication prohibitions to air a television or radio communication during the 30-day period before a Federal primary election and 60-day period before a Federal general election, so long as that communication:
* is directed to an incumbent officeholder in his capacity as an officeholder, and not in his capacity as a candidate;
* has as its subject matter a public policy issue under consideration by Congress or the Executive Branch;
* urges the incumbent officeholder to take a particular position or action with respect to the public policy, or urges the general public to contact the incumbent officeholder for the purpose of encouraging him to take a certain position or action;
* does not reference the individual’s character, qualifications, or fitness for office;
* does not reference any Federal election or a political party; and
* does not promote, support, attack, or oppose any candidate for Federal office.
More information on this once the FEC acts.
<< Home