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tangent4ronpaul
06-24-2008, 12:51 AM
http://www.cqpolitics.com/wmspage.cfm?parm1=5&docID=news-000002897238

Federal Appeals Court Overturns Four Campaign Regulations
By Bart Jansen, CQ Staff

A federal appeals court overturned four campaign regulations Friday that remain incomplete six years after Congress approved a landmark election-law overhaul.

The Circuit Court of Appeals for the District of Columbia agreed with a lower court that Federal Election Commission regulations dealing with coordination between campaigns and outside advocates must be rewritten.

The appeals court also agreed with Rep. Christopher Shays , R-Conn., a chief sponsor of the law (PL 107-155), that a regulation dealing with fundraising at state-level events that the District Court upheld should instead be overturned.

Judge David S. Tatel, writing for the three-judge panel, found the regulations either contrary to the law or arbitrary. The court sent the FEC back to the drawing board “in the hope that, as the nation enters the thick of the fourth election cycle since [the law’s] passage, the commission will issue regulations consistent with the act’s text and purpose.”

But the results are unclear. The flawed regulations will remain in effect until they are rewritten. But the commission has been unable to function this year for lack of a quorum, although nominations to fill the panel are pending in the Senate.

“We’ve just gotten the opinion and are reviewing it, so we don’t really have any comment now,” said Bob Biersack, an FEC spokesman. “It will be up to the commission to decide how to proceed.”

Paul Ryan, a lawyer with the Campaign Legal Center, which participated in the case, said the decision vindicated opposition to the regulations by Shays, R-Conn., and Sen. Russ Feingold , D-Wis.

“We’re left with what we have now are rules that are broken and inadequate,” Ryan said. “They still remain in effect.”

Shays said the FEC is evading its responsibility by failing to enact regulations following the intent of what was formally called the Bipartisan Campaign Reform Act.

“The FEC’s job is not to split the difference between supporters and opponents of the law, and I hope that in light of another court decision confirming its rulemakings run contrary to the intent of the law, BCRA will finally be implemented fully and fairly,” Shays said.

The FEC had decided not to regulate ads as contributions to a campaign if a wealthy donor or advocacy group runs them more than 90 days before a congressional election or 120 days before a presidential primary. David B. Kolker, an FEC lawyer, said the ads are a small portion of those broadcast.

But the court struck down two coordination rules, saying they “would lead to the exact perception and possibility of corruption Congress sought to stamp out.”

The FEC had defended its regulation by saying ads outside the regulated time frame are generally not intended to influence federal elections.

“But this is absurd,” Tatel wrote for the court, including judges Merrick B. Garland and Thomas B. Griffith.

Two other regulations the court ordered rewritten dealt with get-out-the vote efforts and state-level fundraising. Definitions were criticized as “gray areas” between assisting someone voting or encouraging a specific vote when state and local parties perform voter registration and get-out-the-vote activity. A similar concern arose when federal officials appear at local fundraisers, but aren’t supposed to “solicit” such unregulated money.

The court allowed one regulation disputed in the case to stand. The FEC set a 120-day “cooling off” period before a company that has hired a candidate’s former employee could work for that candidate. The FEC also called on companies to set up “firewalls” preventing former employees from helping with independent ads for the candidate, which Shays challenged as unenforceable.

“Though we think it is a close question, we agree with the FEC,” the court ruled.

New York For Paul
06-24-2008, 09:39 AM
What a stupid mess.

brandon
06-24-2008, 09:43 AM
I thought this type of coordination was illegal. I started a thread the other day about how the my local McCain "grassroots" meetup is run by paid campaign staff. Some people replied and told me that it wasn't illegal to do that. Well, I guess it's not illegal anymore...

acptulsa
06-24-2008, 09:45 AM
What? They're going to let the campaign talk to it's supporters? How very kind.

ronpaulhawaii
06-24-2008, 09:45 AM
Please note bold



...But the results are unclear. The flawed regulations will remain in effect until they are rewritten...

brandon
06-24-2008, 09:49 AM
Please note bold

Well in that case, how do I get about filing a complaint with the FEC regarding the McCain meetup groups?

One of my fellow meetup assistant organizers took a job with RP PCC as state coordinator. As soon as he got the job he resigned from the meetups to comply with FEC laws. I guess the McCain campaign thinks they are above the law

Matt Collins
06-24-2008, 09:55 AM
No where in the Constitution is the federal government allowed to regulate campaigns; just elections!

acptulsa
06-24-2008, 09:57 AM
I guess the McCain campaign thinks they are above the law

Guess? No need to guess--the evidence is overwhelming!

TurtleBurger
06-24-2008, 10:29 AM
I'm sure McCain-Feingold has fine print somewhere that says "This law applies to everyone except John McCain and Russ Feingold".

New York For Paul
06-24-2008, 10:37 AM
I thought Anita Andrews was working for the campaign and going to meet ups.

This is just a stupid law that is hard to enforce.