The Hill reports: Sen. David Vitter (R-La.) will not be able to use campaign funds to pay for more than $160,000 in legal fees incurred because of his involvement in the D.C. Madam scandal, according to a draft opinion released by the Federal Election Commission (FEC).

Vitter has already spent $70,000 of his own money on legal bills and has asked about the possibility of reimbursing himself and paying the rest of his bills with campaign funds.

The FEC’s draft opinion, published Wednesday, however, allows Vitter to use campaign funds to pay for $31,000 in legal expenses related to a Senate Ethics Committee investigation arising from his link to Deborah Jeane Palfrey, the D.C. Madam.

Vitter became embroiled in the scandal after his telephone number was discovered among Palfrey’s records. -- Vitter cannot use campaign funds to pay legal fees

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The Times-Picayune reports on why being pol is such a great gig -- if you get into trouble, other people pay your legal bills: Sen. David Vitter, R-La., is asking the Federal Election Commission whether he can use campaign money to pay fees related to legal issues and bad publicity he confronted after being linked to a prostitution ring.

The letter from a Vitter attorney mentions $207,177.50 in costs, mostly legal fees, $70,000 of which the senator already has paid with his own money. The letter indicates that some of the money relates to legal representation before the Senate Ethics Committee that is "not the subject" of the request to the FEC.

As of March 31, Vitter listed $1.6 million in cash on hand in his campaign account. His office declined to comment on the FEC request.

In the letter Thursday to the FEC, Washington lawyer Jan Witold Baran wrote that the bills came about after Vitter's phone number appeared on the client list of an escort service operated by Deborah Jeane Palfrey. Baran said Palfrey tried to generate publicity by "targeting her subpoenas to well-known public officials" such as Vitter and a deputy U.S. secretary of state. -- Vitter hopes war chest can pay legal bills- NOLA.com

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The St. Louis Post-Dispatch reports: The Federal Election Commission unanimously agreed this morning to let Sen. Barack Obama to have a backup fundraising plan, in a vote experts say could help revive the flagging public financing system in presidential campaigns.

In an unprecedented request, Obama, D-Ill., asked the commission whether – if he wins the Democratic nomination – he could use public financing if his Republican opponent would also agree to do so.

At the same time, Obama wants to start collecting private donations for the general election in the event his GOP opponent in 2008 declined to take part in the public financing system.

The commission gave Obama the thumbs-up, provided that money raised for a potential general election campaign be kept in a separate account and fully refunded to donors within 60 days of deciding to accept public funding. -- STLtoday - News - Washington

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The Chicago Tribine reports: Responding to his request for clarification, the Federal Election Commission signaled Thursday that Sen. Barack Obama's presidential campaign may be able to solicit private contributions for the 2008 general election while remaining eligible for public financing for that same contest.

The draft response was to a question Obama's campaign brought up this month when it indicated that it would start raising money for a potential general election candidacy, nearly a year before the first caucus and primary votes will be cast.

Obama (D-Ill.) and two of his top rivals for the Democratic nomination, Sen. Hillary Rodham Clinton (D-N.Y.) and former Sen. John Edwards (D-N.C.), have indicated they would likely reject the public financing system that has governed presidential elections for more than three decades. ...

In its draft ruling, the commission said Obama may solicit and receive contributions for the general election if he meets certain conditions, including a requirement to keep the money in a separate escrow account and that the funds not be used for any other purpose other than general election activities. -- Obama's funding question to get FEC look | Chicago Tribune

Thanks to Taegan Goddard's Political Wire for the link.

You may read the draft opinion here.

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The Washington Post reports: Former New York mayor Rudolph W. Giuliani has continued to make paid speeches at a standard fee of $100,000 since forming his presidential exploratory committee last November, mixing personal business with campaigning in a way many of his rivals in the race cannot.

Presidential candidates who are not federal officeholders are allowed to take money for speeches, as long as they are not raising campaign money at the event, distributing campaign material or delivering an overtly political speech. ...

Past speechmaking by presidential candidates has attracted the attention of election regulators. In 2003, Democrat Wesley K. Clark returned money for motivational speeches after published reports questioned whether the payments amounted to improper campaign contributions.

Clark said yesterday that he believed his speech fees were legal but ultimately gave them back to avoid giving opponents an issue, and that he worries that putting such fees off limits only hurts candidates who are not wealthy or members of Congress. -- Giuliani to Seek Advice From FEC About Speaking Fees - washingtonpost.com

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AP reports: Retired Rep. Jim Kolbe, R-Ariz., may use campaign funds for legal expenses racked up while the House ethics committee and the Justice Department were investigating his connection to a scandal involving House pages, the Federal Election Commission wrote in a draft advisory opinion made public Tuesday.

Kolbe, who retired last year, told the FEC that he incurred legal expenses after he became involved in the unfolding scandal over former Republican Rep. Mark Foley's salacious communication with former House pages. ...

FEC officials wrote that the legal fees count as "ordinary and necessary expenses" incurred in connection with holding federal office.

The commission will consider the case during a meeting Thursday. -- Kolbe gets green light on use of extra funds | www.azstarnet.com ®

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AP reports:
Changing nearly 30 years of election regulations, House and Senate candidates as well as state parties will have to abide by federal fundraising limits to pay for vote recounts, federal regulators decided Wednesday.

The 4-2 decision by the Federal Election Commission is especially significant this year when both political parties are bracing for potential post-election challenges to results in tight congressional races. ...

In making its decision, the FEC recognized that recounts are expensive. As a result, the contributions that candidates raise from individual contributors for their recount accounts will not count against their fundraising for the election. Under current law, a candidate can receive donations up to $2,100 from individual contributors for each election. The FEC's advisory opinion approved Wednesday said a contributor who had already reached that limit with a candidate could contribute further to the recount account. -- Vote Recount Regulation Changed, Federal Regulators Deliver Split Decision on Fundraising for Recounts - CBS News

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The Los Angeles Times reports: In a decision that could feed the political spending frenzy for the November election, the Federal Election Commission today ruled that members of Congress are free to spend without limit on California ballot measures.

The decision involved a proposed ballot measure that would change how boundaries of legislative districts are drawn, but could open spending floodgates on other ballot proposals on topics as diverse as teenage abortions and political spending by unions.

The commission ruled unanimously that federal law limiting contributions to congressmen to $5,000 does not apply to November's special state election because the balloting is entirely a state affair, with no federal candidates involved.

The FEC ruled directly on one of Republican Gov. Arnold Schwarzenegger's key initiatives, transferring authority for legislative redistricting from lawmakers to judges. -- FEC Allows Unlimited Fundraising Against Calif. Redistricting Plan - Los Angeles Times

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AP reports: Two California House members from opposite parties are asking a federal elections panel for permission to raise unlimited money to oppose Gov. Arnold Schwarzenegger's redistricting measure.

Reps. Howard Berman, D-North Hollywood, and John Doolittle, R-Rocklin, are seeking an advisory opinion from the Federal Election Commission that would allow them to collect "soft money" from unions, corporations and other donors to support or oppose ballot measures in the Nov. 8 special election.

Both oppose Schwarzenegger's redistricting initiative. Berman's chief of staff, Gene Smith, said the request was motivated by their desire to raise money to fight it.

Schwarzenegger's campaign committee will not be bound by limits in raising money to boost the initiative. Proposition 77 would take the responsibility of drawing legislative district lines away from lawmakers and give it to a panel of retired judges. -- AP Wire | 08/16/2005 | House members seek to raise money to oppose redistricting measure

Posted by Ed at 9:12 PM | Permalink

AP reports: Presidential and congressional candidates can raise unlimited donations to finance recounts as President Bush and Al Gore did for their high-stakes Florida dispute in 2000.

Four of the Federal Election Commission's six members said Thursday that the FEC's long-standing rule on recount fund raising remains in effect, which means federal candidates can set up separate recount funds and finance them with unlimited donations from individual contributors. Candidates cannot accept corporate, union or foreign money.

The FEC's guidance was issued informally in comments by a majority of the commission's members. The commission stopped short of issuing a formal advisory opinion on the matter after a Senate candidate withdrew his request for one. -- FEC OKs Unlimited Donations for Recounts (AP via philly.com)

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AP reports: Election officials plan to decide before the Nov. 2 election whether congressional and presidential candidates can raise unlimited donations to fund recounts as President Bush and Al Gore could for the multimillion-dollar Florida ballot dispute in 2000.

The Federal Election Commission, responding to a request for advice by Democratic presidential hopeful John Kerry's campaign, said last month that Bush and Kerry could use their legal compliance funds, financed with individual donations of up to $2,000 each, to cover recount costs.

But the FEC stopped short of addressing whether they could set up separate recount funds bankrolled with unlimited individual donations as Bush and Gore could in the 2000 recount.

The commission plans to decide that question Oct. 28, its last meeting before the election. -- Campaigns seek OK to fundraise for recounts (AP via Newsday.com)

Posted by Ed at 9:57 PM | Permalink | TrackBacks (0)

AP reports: Federal election regulators have given President Bush and Democratic rival John Kerry another fund-raising option should either of them pursue a recount like Florida's expensive 2000 ballot dispute.

The Federal Election Commission said Thursday the two can use their legal compliance funds to cover any recount costs. Both candidates are raising money for such funds.

The Kerry campaign had asked the FEC whether it could use its legal compliance fund to tide itself over in the early days of any recount.

The campaign stopped short of asking whether it could establish a separate recount fund financed with unlimited individual contributions, as Bush and Democrat Al Gore did in 2000. The Kerry campaign's Marc Elias said it would not explore that question until after the election.

Several commissioners said Bush and Kerry should not draw conclusions one way or the other on whether they could use unlimited individual money for recount costs. -- FEC: Bush, Kerry can use recount funds (AP via Boston.com)

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AP reports: President Bush's campaign is urging election regulators to allow it and rival John Kerry to raise unlimited individual donations to cover costs for a possible recount, as Bush and rival Al Gore could in 2000.

In a letter to the Federal Election Commission made public Wednesday, the Bush campaign argued that nothing in the campaign finance laws has changed on recount fund raising since 2000.

Bush campaign attorney Tom Josefiak wrote the commission after Kerry's campaign asked the FEC for guidance on its fund-raising options should either campaign pursue a recount like the 2000 Florida ballot dispute that made Bush president. The commission is expected to give Kerry its opinion Sept. 30. -- Bush Campaign: Gifts Should Cover Recount (AP via philly.com)

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The New York Times reports: The Federal Election Commission on Thursday denied a request by an independent advocacy group to use unregulated contributions to pay for television and radio commercials promoting a documentary and a book critical of Senator John Kerry.

The group, Citizens United, had hoped to get around restrictions in new campaign finance laws that prevent organizations from running commercials that mention a candidate within 60 days of the general election if the commercials are financed with unlimited soft money contributions from corporations or labor unions.

The group argued that it was part of the news media and could therefore take advantage of an exemption that allows news, commentary and editorial content to run freely around elections. But the commission voted 4 to 0 to approve an advisory saying that the group did not qualify.

"You don't want a situation where people are airing campaign commercials and they are exempt from commission rules because they are considered a media event," said Ellen L. Weintraub, the commission's vice chairwoman, a Democrat. "The danger is that the exemption swallows the rules." -- Campaign Finance: Election Board Restricts Ads for Anti-Kerry Film (New York Times)

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Alfredo Garcia emails: On Friday, the Federal Election Commission issued an advisory opinion, FEC Advisory Opinion 2004-26, which significantly loosens the restrictions on the ability of foreign nationals - even those who have not been admitted to the U.S. for permanent residency - to be involved with the operations of political action committees.

The FEC advisory opinion came in response to a request from Rep. Jerry Weller (R-IL). Rep. Weller recently became engaged to a citizen of Guatemala. He asked the FEC whether or to what extent his fiancé could be involved in the activities of his affiliated campaign committees and leadership PAC. In his request, Rep. Weller noted that his fiancé is not a U.S. citizen, does not have permanent resident status in the United States and that she plans to remain a citizen of Guatemala and does not intend to apply for United States citizenship.

In it's legal analysis, the FEC repeated the well-established rule that foreign nationals may not, directly or indirectly, participate in a PAC's decision-making process concerning the making of contributions, donations, expenditures, or disbursements in connection with elections for any Federal, State, or local office or decisions concerning the administration of a political committee. AO 2004-26 at 3 (citing 11 C.F.R. 110.20(i)).

Without any further analysis or explanation, the Commission then concluded that Rep. Weller's fiancé could "as an uncompensated volunteer, . . . solicit funds from persons who are not foreign nationals." Id. Moreover, the Commission concluded that Rep. Weller's fiancé could "attend meetings with [campaign] personnel regarding [campaign] events or political strategy. She may not, however, be involved in the management of the [campaign]."
Id.

FEC Advisory Opinion 2004-26 will have a significant impact on PACs operated by U.S. subsidiaries of foreign corporations. Under this advisory opinion, officers of a U.S. subsidiary's foreign parent - regardless of their nationality or U.S. immigration status - may directly solicit contributions to the subsidiary's PAC from employees of either the foreign parent or the U.S. subsidiary as long as those solicited are U.S. citizens. The German CEO of DaimlerChrysler, for example, may now solicit contributions to DaimlerChrysler's PAC from the company's U.S. managers.

I added the link to the AO.

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AP reports: A conservative group that complained about television ads for Michael Moore's anti-Bush documentary "Fahrenheit 9/11" now wants an exemption from campaign finance laws so it can advertise a book on John
Kerry.

Citizens United contends the Federal Election Commission should consider it part of the news media, and allow it to run election-time ads for a book called "The Many Faces of John Kerry: Why This Massachusetts Liberal is Wrong for America."

In a request released this week, the group argued it should be able to run ads for the book, written by its president David Bossie, and a documentary film on the Democratic presidential nominee and his running mate, John Edwards. -- AP Wire | 08/05/2004 | Anti-Kerry Group Seeks Press Exemption (AP via The State)

"Medium" is the singular of "media."

Posted by Ed at 9:50 PM | Permalink

AP reports: The Russ Darrow Group asked the Federal Election Commission Wednesday to allow it to continue running car commercials, despite a new law banning corporate-funded advertisements that mention political candidates during the final days of a campaign.

The Darrow Group's chairman, Russ Darrow Jr., is a Republican candidate for U.S. Senate. Under a literal reading of the McCain-Feingold campaign finance reform law, the Russ Darrow Group would be barred from running commercials within 30 days of a primary or 60 days of a general election.

In a 21-page request for an advisory opinion filed by the Washington office of the Foley & Lardner law firm, the Menomonee Falls holding company claims it would lose about $58 million in revenue if forced to cease advertising during these two periods.

That would translate to more than $3 million in lost sales tax revenue to the state - and to reduced employee commissions and possibly layoffs as well, the company said. -- Darrow Group seeks exemption from McCain-Feingold (AP via DuluthNewsTribune.com)

Posted by Ed at 9:06 PM | Permalink

AP reports: The Russ Darrow car dealership company plans to ask the Federal Election Commission whether it should stop running ads within 30 days of the [Wisconsin] Senate Republican primary because its chairman is a candidate.

Russ Darrow III, the son of Senate candidate Russ Darrow Jr., said Tuesday the Wisconsin company will comply with whatever the FEC rules in its advisory opinion.

At issue is a provision of the McCain-Feingold campaign finance reform law, which bars corporate-funded advertisements that mention a candidate within 30 days of a primary, or within 60 days of a general election.

That provision was aimed at preventing corporations and labor unions from funding advertisements paid for by unregulated "soft money," aimed at helping candidates in the final days of a campaign. -- Wisconsin's Darrow Group to seek FEC opinion on advertising (AP via GMtoday)

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The Federal Election Commission on Thursday threw out a request to examine how much of her own money Republican Melissa Brown could spend in her U.S. House campaign against Democrat Allyson Y. Schwartz [in PA-13].

The race is expected to be one of the most competitive House seats in the country this year.

Schwartz's campaign had asked the FEC to determine whether Brown could transfer personal funds from her primary campaign account to her general account. If Brown put more than $350,000 of her own money into the race, she would trigger the so-called "Millionaire's Amendment" - which would allow Schwartz to accept higher contributions, including from state and national party organizations, than what federal campaign finance law generally allows.

But Brown said - and the FEC agreed - that since she will not transfer personal funds from her primary account to the general election campaign, the point is moot. -- FEC dismisses Schwartz campaign finance query against Brown (AP via TimesLeader.com)

Posted by Ed at 9:51 PM | Permalink

The national Republican Party has alienated its base and is using a "boneheaded strategy" in its attempt to stymie special interest groups that are raising money to influence this year's presidential election, the Republican chairman of the Federal Election Commission said yesterday.

"[T]he [Republican National Committee] is out of sync with the rank-and-file Republicans in the U.S. ... the base is alienated," Commission Chairman Bradley Smith told The Washington Times.

Mr. Smith's comments came two days after he scolded the Republican Party at a public meeting for its attempt to shut down specially created, tax-exempt groups, known as 527s, that are raising millions of dollars, primarily in unlimited "soft money" donations from corporations, labor unions and wealthy individuals, for get-out-the-vote efforts and issue ads. -- GOP-funding fight seen as wrong move (Washington Times)

Posted by Ed at 5:31 PM | Permalink | TrackBacks (0)

The ledes in two of America's leading papers would lead their readers in different interpretations.

The Federal Election Commission said on Wednesday that advocacy groups that were established to get around fund-raising restrictions in the new campaign finance law could continue to spend unlimited contributions for television commercials and other communications, though they must do so under far more restrictive rules.

The commission's ruling on so-called 527 committees could have profound effects on the 2004 election by helping Democrats, who have been much more aggressive than Republicans in creating these committees to help the party compete with the Republicans' overall 2-to-1 fund-raising advantage. None of this money winds up in the candidates' hands but it can be used to raise issues and attack or promote candidates by name. -- Advocacy Groups Allowed to Raise Unlimited Funds (New York Times)

The Federal Election Commission decided yesterday that many of the political committees raising "soft" money to campaign against President Bush are subject to regulation, but it postponed deciding how tough the restrictions should be.

The FEC voted 4 to 2 to warn Americans for a Better Country that activities that "promote, attack, support or oppose" a federal candidate must be paid for with hard money, a type of political donation that, unlike soft money, has tight restrictions on sources and amounts. This is a broader standard than used in the past. Activities that benefit a mix of federal, state and local candidates are to be paid for with a mix of hard and soft money, the commission determined. -- FEC Moves to Regulate Groups Opposing Bush (Thomas Edsall, Washington Post)

Posted by Ed at 8:12 PM | Permalink | TrackBacks (0)

The Federal Election Commission (FEC) today approved by a 4-2 vote an advisory opinion that would limit how much soft money certain 527 fundraising organizations could spend on federal elections.

However, the commission made clear that the opinion was narrowly tailored for Americans for a Better Country, the GOP-allied group that asked for the opinion. Commissioners said they would not issue broader regulations for soft money fundraising groups until next month when they initiate a more formal rulemaking process.

Yesterday's advisory opinion applies to 527 groups that have a federal
component and are registered with the commission. For example, Americans Coming Together, one of the biggest liberal 527s with a projected budget of $98 million, would be substantially affected by the opinion because it
has a federal component. But Clinton advisor Harold Ickes' Media Fund, with a budget of $95 million, has no such federal component and is untouched by the opinion, said an campaign finance experts who filed comments with the commission. -- FEC takes modest step toward restricting 527s (The Hill.com)

Ellen Weintraub, a Democratic commissioner, said Wednesday's ruling gives plenty of room for groups on both sides to collect and spend so-called soft money donations from companies, wealthy people and unions despite Congress' effort in 2002 to root out big money from politics.

"I think there's still a lot of room out there for people to operate," Weintraub said. "You can't stop the flow of money." -- FEC Imposes New Restrictions on Political Donations (AP)

And for Bob Bauer's more detailed explanation, go to More Soft Money Hard Law.

Posted by Ed at 6:43 PM | Permalink | TrackBacks (0)

Defying Republican Party demands to rule illegal the plans of a network of pro-Democratic political committees, Federal Election Commission Chairman Bradley A. Smith now argues that these committees should remain free to raise and spend large contributions known as "soft money."

Smith's argument, spelled out in a 37-page proposal to his five FEC colleagues, sharply increases, but does not guarantee, the likelihood that new pro-Democratic groups with multimillion-dollar budgets will become significant forces in the 2004 election and become what amounts to a "shadow" Democratic Party. -- Washington Post, Tom Edsall

Smith's draft proposal is here.

Posted by Ed at 9:40 PM | Permalink | TrackBacks (0)

AP reports:

A New York congressman can raise corporate and union money to help cover legal fees in a redistricting case, according to the Federal Election Commission.

Democratic Rep. Eliot Engel asked the agency's advice on whether he could use such monies. The panel reached a 3-3 deadlock on the question Thursday, meaning past FEC decisions allowing the use of such ``soft money'' for redistricting fights apply. The commission issued those opinions before a new law banned the use of corporate and union money for federal election activity.

Engel was involved in a lawsuit over the redrawing of New York's congressional map after the 2000 Census. He asked the FEC whether the new campaign finance law would restrict fund raising by a redistricting committee he planned to form to pay his legal fees.

Posted by Ed at 10:19 PM | Permalink | TrackBacks (0)

I received the following by email:

The Alliance for Justice, joined by over 300 other organizations, filed
comments that criticize a proposed Federal Election Commission advisory
opinion that could fundamentally alter the ability of nonprofits to advocate
for the causes they care about.

The heart of the draft AO states that any communication that "promotes,
supports, attacks, or opposes" any federal candidate must be paid for using
funds raised under the restrictions of the federal election laws - so-called
"hard money." If the FEC adopts the reasoning of this draft AO,
incorporated 501(c)(3)s and 501(c)(4)s would effectively be banned from
doing anything that "promotes, supports, attacks, or opposes" a federal
candidate, even if the message focuses only on policy issues.

Here is the comment letter.

Posted by Ed at 5:02 PM | Permalink | TrackBacks (0)

Tom Edsall reports today in the Washington Post:

Major liberal donors are demonstrating their willingness to fund a new shadow Democratic Party, according to reports filed yesterday by a network of nominally independent organizations committed to defeating President Bush in November.

At the same time, momentum to bar their activities gained new strength. On Thursday, the legal staff of the Federal Election Commission proposed regulations that could choke off the groups' plans, with backing from an alliance of Republican Party leaders and campaign watchdog groups.

The reports filed yesterday with the Internal Revenue Service and the FEC showed millions of dollars flowing from unions, wealthy individuals, environmental groups and others on the left into such organizations as America Coming Together (ACT), America Votes and the Partnership for America's Families, which are known as "527" groups for the section of the tax code governing their activities.

These and other 527 groups were formed to fill a vacuum on the Democratic side of the aisle created by the 2002 passage of the McCain-Feingold campaign finance law, which bars the political parties from raising and spending large, unregulated "soft money" contributions from corporations, unions and rich people.

The article also deals with the proposal of the FEC staff to regulate 527 organizations.

Posted by Ed at 11:02 AM | Permalink | TrackBacks (0)

AP reports:

Federal election lawyers have concluded tax-exempt political groups cannot spend donations from businesses, unions and people who write big checks to promote federal candidates.

That recommendation, which the Federal Election Commission (news - web sites) is expected to consider next week, threatens a strategy Democrats hoped would keep them competitive with Republicans.

At issue is how the new campaign finance law affects the plans of partisan groups that want to defeat or re-elect President Bush (news - web sites). The law broadly bans the use of soft money — corporate, union and unlimited contributions — for federal election activity.

The proposed advisory opinion is not on the FEC website yet.

Bob Bauer has a short blurb and promises a longer analysis at his More Soft Money Hard Law website.

Posted by Ed at 8:15 PM | Permalink | TrackBacks (0)

The Wahington Post reports:

The Republican National Committee plans to ask the Federal Election Commission today to ban the raising of $300 million or more in "soft money" by pro-Democratic groups seeking to pay for voter mobilization and TV ads in this year's elections.

The request marks a reversal of traditional Republican opposition to regulating political money. Democrats say the shift is motivated by the GOP's recognition that tougher regulation might work to Democrats' disadvantage.

The Republican request would restrict most political spending to "hard money" contributions, which are limited to $2,000 per individual to a federal candidate. The Republican Party and President Bush hold a substantial advantage over Democrats in raising such money.

RNC Chairman Ed Gillespie -- whose group previously urged the Supreme Court to overturn McCain-Feingold -- pointedly asked his Democratic counterpart, Terence R. McAuliffe, to co-sign the letter to the FEC. McAuliffe said he would consider co-signing if Gillespie would expand the request's scope to cover such pro-Republican groups as Progress for America, United Seniors Association and Americans for Tax Reform, most of which use a different section of the tax code, "501." "I look forward to your reply," McAuliffe concluded his "Dear Ed" letter.

James Jordan, spokesman for three pro-Democratic groups -- the Media Fund, America Coming Together and America Vote -- denounced the RNC action. "This is nothing more nor less than an another attempt by Republican special interests to silence progressive voices in an election year," he said.

The GOP is commenting on a request by Americans for a Better Country. You can review their request and the comments so far (the Republican response is not posted yet) at the FEC site. It is number 03-37.

Posted by Ed at 10:58 AM | Permalink | TrackBacks (0)

The Boston Globe had an article yesterday about the FEC meeting on Wednesday:

The Federal Election Commission ruled yesterday that the president, vice president, members of Congress, and candidates for those offices may play a role in campaign fund-raising events even if those who come to the event are asked to give money that exceeds ceilings set by federal law.

So long as those officerholders or candidates do not themselves directly ask for money beyond those ceilings, they may appear as speakers or in other capacities at the events, the FEC ruled. The sponsors must tell the audience that the officeholders and candidates themselves are not there to raise money outside the limits, but others there may make such solicitations.

In yesterday's ruling, the FEC continued its policy of interpreting narrowly the ban imposed on unregulated campaign giving and spending under the McCain-Feingold campaign finance reform act, signed into law in 2001.

The request for an opinion came from the Republican Governors Association, formerly affiliated with the RNC but now a separate 527 organization. The FEC General Counsel's proposed response is here, with the proposals of Commissioners Smith and Thomas.

(Thanks again to How Appealing for the link.)

Posted by Ed at 10:20 PM | Permalink | TrackBacks (0)

The Federal Election Commission has released Advisory Opinion Number 2003-19. This AO advises the Democratic Congressional Campaign Committee that it may "accept proceeds from the sale of used office equipment and furniture, without regard to the source or amount of those proceeds."

Posted by Ed at 10:09 PM | Permalink | TrackBacks (0)

FECA contains a prohibition on the use of contribution lists filed with the FEC by candidates and committees for "the purpose of soliciting contributions." The National Committee for Tobacco Free Kids has requested an Advisory Opinion about this provision. The Committee wishes to know if it can use contribution lists filed with the FEC to send informational mailings to persons on the lists. The initial communication would not include a request for a contribution, but subsequent communications might (if the person mailed back a card saying he or she wished to receive more information).

Posted by Ed at 8:16 PM | Permalink | TrackBacks (0)

WE LEAD (Women Engaged in Leadership, Education, and Action in Democracy) has asked the FEC for an Advisory Opinion that it may accept contributions for the "presumptive nominee" of the Democratic Party (the candidate with enough pledged delegates to win) and turn the money over to the primary committee of the candidate just before the Democratic Convention.

Posted by Ed at 9:37 PM | Permalink | TrackBacks (0)

The General Counsel of the FEC has circulated the following draft advisory opinions:

to the Democratic National Committee that it may sell used office furniture;

to Rep. Denise Majette that funds raised for her defense of a suit by former Rep. Cynthia McKinney's supporters are not "contributions" or "expenditures" subject to FECA;

to Providian National Bank approving its proposal to create affinity credit card programs with national party committees.

Posted by Ed at 10:10 PM | Permalink | TrackBacks (0)

The American Bankers Association has filed a request for an advisory opinion

whether executives of member corporations are permitted to collect and forward contribution checks to the ABA BankPAC. This may include, but is not necessarily limited to, the executives manually collecting and forwarding the contribution checks themselves; using the member corporation's inter-office mail system to help collect the checks; and providing envelopes and postage in which contributors can send their contributions to ABA BankPAC.

The impetus for this Request is the two recent settlements with national banks for "facilitating contributions" by their executives and employees. See my earlier posts here and here on this subject.

Posted by Ed at 8:47 PM | Permalink | TrackBacks (0)

On Thursday's agenda for the FEC was this draft Advisory Opinion to former Sen. Bob Smith that instructs him to give unrefundable contributions to the US Treasury rather than his foundation. Give it up, Bob.

Posted by Ed at 9:01 AM | Permalink | TrackBacks (0)

On Thursday's agenda of the FEC was this draft Advisory Opinion (and amendment) allowing James Treffinger to use some of his campaign funds to defend himself from criminal charges.

Posted by Ed at 9:00 AM | Permalink | TrackBacks (0)

The Arizona Republic has a short article on the Advisory Opinion Request of Rep. Jeff Flake. Flake's request (discussed here, here, here, and here) was passed over at last Thursday's meeting of the FEC and will be discussed this Thursday.

Posted by Ed at 6:32 AM | Permalink | TrackBacks (0)

The General Counsel of the FEC has circulated 2 drafts of an advisory opinion in answer to Rep. Jeff Flake's questions about the activities to be carried out by the Stop Taxpayer Money for Politicians Committee. The 2 drafts are 66 pages long, so I won't have time to read them for a day or so. If you do, leave a comment to let me know what you think.

Posted by Ed at 1:10 PM | Permalink | TrackBacks (0)

The Democratic Congressional Campaign Committee has requested an Advisory Opinion from the FEC about the sale of its office furniture and equipment on the open market. The DCCC "anticipates that much of its old office equipment and furniture will be incompatible with the new" Democratic Party headquarters building.

Posted by Ed at 9:48 AM | Permalink | TrackBacks (0)

Ellen Weintraub, chair of the FEC, proposed extensive changes to the General Counsel's draft advisory opinion to the National Association of Home Builders. Here proposal is here. I have not seen the minutes or a news article on last Friday's meeting of the FEC, so I don't know what the final version of the AO looks like.

Anybody at the FEC reading this is welcome to send on or off the record comments.

Posted by Ed at 9:40 AM | Permalink | TrackBacks (0)

The FEC has published the Advisory Opinion to The Home Depot: Federal Election Commission Advisory Opinion Number 2003-14. My previous posts explain the request and draft opinion (adopted without changes). See here and here.

Posted by Ed at 11:36 AM | Permalink | TrackBacks (0)

The FEC General Counsel has circulated a draft advisory opinion to the questions posed by the National Association of Home Builders. The opinion is hedged about with so many qualifiers that it is not easy to summarize. Basically, NAHB wanted to invite members of Congress and the HUD Secretary to some of its meetings and wanted to make sure it was not violating the FECA by doing so. The draft AO explains how NAHB can do so with some limitations.

{corrected the title of the post}

Posted by Ed at 9:36 AM | Permalink | TrackBacks (0)

The General Counsel of the FEC has circulated a draft advisory opinion to The Home Depot regarding the distribution of pins to members of its PAC to show they had given contributions. The draft opinion approves this. My earlier post on this request is here.

Posted by Ed at 1:49 PM | Permalink | TrackBacks (0)

the FEC has issued
Federal Election Commission Advisory Opinion Number 2003-10, requested by the Nevada Democratic Party and Rory Reid. The final opinion differs only a little from the draft proposed by the General Counsel, but it also includes a statement by Commissioners Smith, Mason, and Toner discussing the comment letters of Campaign Legal Center, Common Cause, Democracy 21, and the Center for Responsive Politics. These groups had argued that Rory Reid could not be an agent for a federal campaign and a state campaign in the same two-year cycle. My posts on the original request and the comments are here, here, and here.

Posted by Ed at 1:11 PM | Permalink | TrackBacks (0)