The Center for Competitive Politics submitted comments to the FEC yesterday on its notice of proposed rulemaking (NPRM) regarding coordinated communications.
CCP Vice President Steve Hoersting authored the comments on the NPRM, which the FEC announced last October.
CCP’s comments focus the need for the FEC to craft regulations that protect speech and association rights after the Shays III ruling.
“Before the FEC adopted a content standard in its coordination investigations, the specter of a coordination investigation served as a kind of Hobson’s choice for publicly spirited individuals and politically interested grassroots lobbying organizations. Organizations had to decide whether to surrender the right to interface with lawmakers to preserve one’s right to engage public advocacy, or vice versa. If conduct were the sole criteria for determining whether a public communication was a ‘coordinated expenditure,’ certain organizations that run advertising would always have enough contact with officeholders to at least trigger a lengthy investigation. Major citizens groups, such as the Sierra Club, regularly petition public officials but also speak to fellow citizens through public advertising on a regular basis…” Hoersting wrote.
“Hence, some type of content standard is critical for the FEC, not only to protect the legitimate speech rights of citizens, but also to manage its own enforcement load and protect itself from endless, politically motivated complaints.”
ExpressAdvocacy.com blogger and Patton Boggs attorney William McGinley has more:
The regulatory line between what constitutes independent versus coordinated speech has taken on added importance in the wake of recent federal court decisions reaffirming the First Amendment’s protection of independent speech. If a communication is coordinated with a federal candidate or political party committee, it is subject to greater regulation. If it is independent, the speaker has greater freedom to discuss candidates and officeholders. The FEC’s coordinated communications NPRM has the potential to be a significant factor in the 2010 and 2012 federal elections.
For more details on this rulemaking, see the FEC’s website.
