The Federal Election Commission is set to vote soon on a grassroots lobbying exemption to the Bipartisan Campaign Reform Act's election-season ban on broadcast communications that discuss a federal candidate.
On Aug. 3, the Federal Election Commission (FEC) released a proposal to allow corporations and unions to fund advertisements 60 days before a general election or 30 days before a primary, on either television or the radio, discussing a federal candidate's position on an issue.
Specifically, the advertisement must:
- Be directed at the lawmaker in his capacity as an incumbent officeholder, not a candidate;
- Discuss a public policy issue currently under consideration;
- Urge either the officeholder or the general public to take a specific position on an issue, and in the case of the general public, urge them to contact the officeholder.
However, the advertisement cannot:
- Discuss the officeholder's character or fitness for office;
- Reference any political party or election; or
- Promote, support, attack or oppose any candidate for federal office.
The creation of the interim final rule was spurred by a petition for rulemaking filed by the AFL-CIO, Alliance for Justice, the U.S. Chamber of Commerce, the National Education Association and OMB Watch. The interim final rule, to be voted on Aug. 29, will be in effect through Sept. 2007. The FEC will take comments on the interim final rule until Sept. 30, 2006.
Background
The Bipartisan Campaign Reform Act (BCRA) forbids unions and corporations, including nonprofits, from funding TV and radio messages mentioning federal candidates that are aired 60 days before a general election or 30 days before a primary; however, BCRA has allowed the FEC latitude in creating necessary exemptions.
In 2003 the FEC approved an exemption for 501(c)(3) organizations from the "electioneering communications" rule, because 501(c)(3) organizations are prohibited from electioneering under the Internal Revenue Code. The FEC, however, was ordered by a federal court to reconsider the exemption and later voted to drop the exemption. If the interim final rule is not approved, the restrictions will apply to all advertising aired during the blackout period of the 2006 U.S. congressional election cycle.
