Campaign-finance law's sponsors to expand challenge to FEC rules
By The Associated Press
11.15.02
WASHINGTON — Sponsors of a new campaign-finance law will challenge the Federal Election Commission's decision to exempt certain charitable, educational and religious organizations from restrictions on political advertising, Sen. John McCain said yesterday.
The restrictions ban interest groups' television and radio ads close to an election if the ads name a federal candidate, are funded with corporate or union contributions and target the candidate's district.
The FEC created the exception for the tax-exempt organizations in September even though agency lawyers concluded it went beyond what the law allowed. McCain, R-Ariz., said the commission was creating loopholes in the law, which took effect last week.
Sponsors already have sued to overturn the FEC's interpretation of the law's ban on soft money, which prohibits national party committees from raising unlimited contributions from unions, corporations and others.
"FEC commissioners ignored the plain language of the law, the clear intent of Congress, the legislative history, and even the recommendations of the agency's own general counsel and professional staff in adopting these regulations," McCain said at a news conference.
The ad-rule exemption was sought by the Sierra Club Foundation and the Alliance for Justice, an association of consumer, civil rights, environmental and other groups. They contend the restrictions would prevent them from airing lobbying ads urging citizens to contact members of Congress about key issues.
McCain said the law's proponents had not decided how they would challenge the exemption. Options include adding the issue to their suit over the soft-money rules or filing a new suit, said Trevor Potter, an attorney and former FEC commissioner advising McCain on campaign-finance issues.
The law's sponsors contend such tax-exempt groups are among those that have used phony issue ads to evade a ban on the use of union or corporate money to influence federal elections.
Four of the six commissioners supported the exemption for religious, charitable and educational groups. They said groups that misused it and engaged in election activity would risk their tax-exempt status.
McCain said he and the other sponsors would pursue more changes.
They plan to reintroduce legislation that would require broadcasters to provide candidate-centered programs before elections, vouchers for free candidate ad time and candidate air time at reasonable rates.
McCain, as incoming chairman of the Senate Commerce Committee, will be in an important position to promote the legislation.