Reining In Anti-Bush Groups
But Key FEC Member May Oppose Immediate Changes in Rules
By Thomas B. Edsall
Washington Post Staff Writer
Friday, March 5, 2004; Page A06
The Federal Election Commission yesterday set in motion regulatory proceedings that could severely restrict new pro-Democratic groups seeking to defeat President Bush.
The proposed regulations, drafted by the agency's general counsel, would severely crimp the fundraising and spending activities of "527" groups, named for the section of the tax code that governs their activities. But advocates of the tough regulations suffered a setback when a Democratic commissioner in a position to cast the key swing vote said she is likely to oppose any changes in the rules that would take effect before the November elections.
The FEC, normally a backwater among Washington agencies, has become a battlefield pitting a flush Republican Party and a Bush campaign with a $100 million-plus war chest against a Democratic Party suffering from a 2 to 1 financial disadvantage. The Republican National Committee, joined by a number of campaign watchdog groups, is pressing the six-member commission to rule that a network of pro-Democratic organizations with a plan to spend as much as $300 million this year, most of it "soft money," is breaking the law.
These groups, collectively functioning as a "shadow" Democratic Party, are a key part of a Democratic presidential campaign strategy that seeks to fill the vacuum created by a new ban on the raising of large soft-money contributions from unions, corporations and rich people imposed by the McCain-Feingold campaign finance law.
The shadow groups were created to take over the traditional party roles of financing television ads until midsummer and voter mobilization programs running through Election Day.
Seeking to capitalize on its McCain-Feingold advantages, the RNC is calling on the FEC to take strong steps to rein in such allied Democratic organizations as America Coming Together (ACT), the Media Fund and America Votes. These organizations are determined to defeat Bush on Nov. 2.
The most significant development yesterday was FEC Vice Chairman Ellen L. Weintraub's broad-based critique of the substance and timing of the proposed agency regulations. Noting that the proposed new rules could take effect in June, Weintraub said that "at this stage in the election cycle, it is unprecedented for the FEC to contemplate changes to the very definitions of terms as fundamental as 'expenditure' and 'political committee' . . . sowing uncertainty during an election year." The proposed new rules would likely prompt organizers to use other legal, but more secretive, mechanisms to influence elections, she said.
For the six-member FEC to take any action, four votes are needed, and Weintraub, a Democratic appointee, is generally considered crucial to the achievement of a four-vote majority. The agency is evenly divided between three Republicans and three Democrats.
Weintraub provided one of four votes in an earlier regulatory case that appeared to signal a working majority in favor of the tough regulatory proposal now before the commission. Her remarks suggested that she cannot be counted on to support any changes that would take effect before the elections.
Weintraub's stand could be good news for the Democrats and Sen. John F. Kerry (Mass.), who locked up the Democratic presidential nomination this week by sweeping nine of 10 "Super Tuesday" primaries and caucuses. Yesterday, the Sierra Club, the AFL-CIO and America Votes denounced the FEC proposals.
The key provisions of the proposed regulations have the potential to force the 527 groups to spend only "hard money," consisting of contributions of $5,000 or less from individuals, or to spend a mix of hard and soft money, with 50 percent or more of it hard money.
Posted by P6 at March 5, 2004 07:40 AM
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Comments
Does Move.on fall into that category? I suspect the poll feedback has Rove in hives over it...
Posted by Mr.Murder at March 7, 2004 04:27 AMMove.On is one of the primary targets of this nonsense.
Posted by P6 at March 7, 2004 10:07 AM