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Wraps off tough FEC 527 options-Campaign Finance Reform Thread - Day 81
The Hill ^ | 3/1/04 | Alexander Bolton

Posted on 03/02/2004 7:43:32 AM PST by Valin

The Federal Election Commission’s (FEC) Office of General Counsel yesterday proposed a tough set of rules to regulate independent groups that plan to spend tens of millions of dollars in soft money in this election year.

Yesterday’s proposal kicks off a two-month rulemaking process that Republicans and members of the campaign finance reform community hope will culminate in rules that significantly restrict the activities of these mainly liberal-leaning groups.

Many Democrats, on the other hand, fiercely oppose adopting new regulations for independent groups such as so-called 527 groups, named after a section of the U.S. tax code that governs their conduct.

Democrats fear the FEC may undermine the effectiveness of what has become known as the “shadow Democratic Party,” a network of political funds and special interests dedicated to defeating President Bush.

But the regulation of these groups is not a purely partisan issue.

For example, the FEC’s GOP-appointed chairman, Bradley Smith, believes that the McCain-Feingold campaign finance law passed by Congress wasn’t aimed at independent groups. And Commissioner Ellen Weintraub, the Democratic-appointed vice chairwoman, joined Republican Commissioner Michael Toner last month and two other Democrats in adopting an advisory-opinion ruling that regulated Americans Coming Together, a liberal political group with a projected budget close to $100 million.

The FEC counsel’s office proposed a slew of regulatory options that would significantly restrict the ability of 527 groups, and perhaps even 501(c)4 not-for-profit advocacy groups, to pay for political activities with soft money.

Most important, the counsel’s office wants to expand greatly the universe of independent groups to be governed by its regulations.

It has set four possible sweeping tests that would determine whether a group’s major purpose is to influence federal elections and therefore must register with the FEC and follow its rules:

• Requiring a group to register with the FEC if its public pronouncements, such as fundraising letters and organizing documents, indicates its purpose is to promote or attack a federal candidate and it spends more than $10,000 on federal election activities.

• Requiring a group to register with the FEC if it spends 50 percent or more of its disbursements on federal activities.

• Requiring groups that simply spend more than $50,000 on federal election activities to register with the agency.

• Requiring all 527 groups to register and be regulated by the FEC with a possible exception for groups that operate in only one state.

The proposals differ on the minimum percentage that must be paid in hard money.

At the top range, as much of 65 percent of election activities would be covered.

“It does require a lot more [hard] dollars in the end,” said Smith, referring to the allocation formulas that 527 groups would have to follow if they registered with the commission.

Members of the commission as well as outside advocacy groups characterized the options as tough and sweeping.

However, it is far from certain whether four commissioners — the number needed on the six-member commission — will agree formally to adopt the proposals.

“Some of the language is broad enough to sweep within it many nonprofits that are not involved in genuine electoral advocacy,” said Elliot Mincberg, legal director of People for the American Way, a 501(c)4 that advocates on judicial nominees. “I believe nonprofits have to pay very careful attention to this to make sure the FEC is not able in the name of election reform to severely limit nonprofit advocacy.”

Weintraub said the proposed rules could radically alter the scope of the community of political players regulated by the FEC.

“You could have major upheaval in who are the members of the regulated community in the middle of an election,” she said. “I’m not convinced there are four votes for any of the options,” Weintraub added. “I’m sure there is going to be a lot of negotiating. We’re going to have to negotiate over it internally.”

Toner, a GOP-appointed commissioner who gave the counsel’s office much input as it drafted the proposals, said: “I strongly support the proposed set of rules from the FEC’s counsel.”

“I think the proposed rules build on the commission’s decisions in [Americans for a Better Country] and will allow the commission to comprehensively the status of outside groups,” Toner said, referring to the advisory opinion that the commission adopted last month.

Groups that would be covered under the proposed new rules would be obliged to pay a far greater proportion of their outlays with highly regulated hard money.


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: 527groups; 527s; campaignfinance; cfr; cfrdailythread; fec; firstamendment; mccainfeingold; shaysmeehan; softmoney

1 posted on 03/02/2004 7:43:33 AM PST by Valin
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To: RiflemanSharpe; Lazamataz; proud American in Canada; Congressman Billybob; backhoe; jmc813; ...
Does campaign finance reform level field, or confuse it
St. Petersburg Times 3/1/04
ADAM C. SMITH
http://www.freerepublic.com/focus/news/1088278/posts?page=1


If you want on/off this Campaign Finance Reform list please let me know.

If you are interested in posting some of these threads please let me know.
Fame Fortune could be yours.
Be the first on your block!
Builds strong bodies 12 ways.
Mom would want you too.

2 posted on 03/02/2004 7:47:49 AM PST by Valin (America is the land mine between barbarism and civilization.)
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To: Valin
Hugh & Series, Critical & Pulled by JimRob
Special to FreeRepublic | 17 December 2003 | John Armor (Congressman Billybob)

This is nothing like the usual whine by someone whose post was pulled. JimRob pulled my previous thread for a good reason. "If direct fund-raising were permitted on FR, it would soon be wall-to-wall fund-raising."

So, let's start again correctly. This is about civil disobedience to support the First Amendment and challenge the TERRIBLE CFR decision of the Supreme Court to uphold a terrible law passed by Congress and signed by President Bush.

All who are interested in an in-your-face challenge to the 30- and 60-day ad ban in the Campaign Finance "Reform" Act, please join in. The pattern is this: I'm looking for at least 1,000 people to help the effort. I will run the ad, and risk fines or jail time to make it work -- AND get national support.

But there should be NO mentions of money in this thread, and not in Freepmail either. This is JimRob's electronic home, and we should all abide his concerns.

Put your comments here. Click on the link above, and send me your e-mail addresses. I will get back to you by regular e-mail with the practical details.

This CAN be done. This SHOULD be done. But it MUST be done in accord with JimRob's guidelines.


Fair enough?
http://www.freerepublic.com/focus/f-news/1042394/posts



Update
I've already tested the idea of my in-your-face challenge ads, first in the print media and then deliberately illegal on TV, with certain editors I have a long relationship with. I could trust these two gentlemen, one in the print media and the other in the broadcast media, with a "heads up" on what I am planning. Both said they wanted to know, in advance, when I am about to do this.

The bottom line is clear. If I am willing to put my neck on the line, with the possibilities of a fine and jail time, THAT effort will put CFR back on the front page in all media. And that is part of the point. There's not much value of going in-your-face against the enemies of the First Amendment unless the press takes up the story and spreads the word. It is now clear they will do exactly that.

Update 2
QUICK PROGRESS REPORT, ANSWERING A SUPPORTER'S QUESTION:
We have about 15% of the needed 1,000 sign-ups.

Spread the word, direct folks to the front page link on my website.

Google-bomb the phrase "anti-CFR" directing readers to that page and link. (We're already #2 and #4 on Google.)

Target date is now August, since the NC primary looks to be put back to September. (Remember, the ad isn't illegal until the 29th day before the election.)


Cordially,

John / Billybob


Note if you are interested in more on this please contact Valin or Congressman Billybob
3 posted on 03/02/2004 7:48:30 AM PST by Valin (America is the land mine between barbarism and civilization.)
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To: King Black Robe; DustyMoment; Smile-n-Win; 4ConservativeJustices; Eastbound; Rensselaer; ...
Ping
4 posted on 03/02/2004 7:49:50 AM PST by Valin (America is the land mine between barbarism and civilization.)
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To: Valin
Mom liked you best

(you sound like me when I was archiving the Iran Thread.)

So, what's your prediction on the 527 proposal?

5 posted on 03/02/2004 7:54:09 AM PST by nuconvert (CAUTION: I'm an acquaintance of someone labelled :"an obstinate supporter of dangerous fantasies")
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To: Valin
FEC 527 "Tighten the Regs Up" Bump
6 posted on 03/02/2004 8:08:02 AM PST by NormsRevenge (Semper Fi Mac ... Support Our Troops! ... NO NO NO NO on Props 55-58)
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To: Valin
END the Incumbent Protection Act - restore the 1st Amendment!
7 posted on 03/02/2004 8:10:55 AM PST by 4CJ (||) OUR sins put Him on that cross - HIS love for us kept Him there. (||)
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To: NormsRevenge
Get rid of the regs! Anyone should be able to give however much they want to whoever they want whenever they want. With one small provision the names and amount are made public
The money's going to get into the system, it's just a question of how.
Now lord knows I'm not the brightest bulb on the tree(feel free to disagree) but it seems to me that the more campaign finances are regulated the less transparent the system becomes.
8 posted on 03/02/2004 8:59:00 AM PST by Valin (America is the land mine between barbarism and civilization.)
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To: Valin
This proposal of regulations of 527 organizations would seem to be able to shut down the operations of George Soros. However, there are two huge problems with this approach.

First, this is only a proposal. Second, this is "legislation" by an administrative agency, rather than by the Congress. And for better or worse, Congress is the body which is supposed to write the laws under our system of government.

Even if such regulations as these are made final by the Fenderal Election Commission, I guar-on-d*mn-tee that the Soros' of this world will litigate against the regulations, claiming that their First Amendment rights are inhibited. So, do not expect that this will have any useful effect on the election of 2004.

John / Billybob

9 posted on 03/02/2004 11:15:03 AM PST by Congressman Billybob (www.ArmorforCongress.com Visit. Join. Help. Please.)
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To: 4ConservativeJustices
I agree (with your post and tag line too)
10 posted on 03/02/2004 11:24:53 AM PST by The_Eaglet (Conservative chat on IRC: http://searchirc.com/search.php?F=exact&T=chan&N=33&I=conservative)
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To: The_Eaglet
I agree (with your post and tag line too)

;o)

11 posted on 03/02/2004 11:47:01 AM PST by 4CJ (||) OUR sins put Him on that cross - HIS love for us kept Him there. (||)
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