Wednesday, August 03, 2005

Skepticseye.com by Allison Hayward � Qualifications?

Allison Hayward over at Skepticseye.com postits a list of qualification for the position of FEC commissioner. Looking at Allison's very practical list, I would like to say that my humble self qualifies.

Lets Look at the list in detail:

1. The person should be comfortable with the history and details of the federal statute, the regulations, and, where necessary for a full understanding of the law, the advisory opinions. (Command of these areas should not be left to the career staff - nice people though they are, they are not the ones appointed by the President and thus responsible for policy.)

Having done FEC compliance for the past seven years, and advising clients and actually performing the duties I think that qualifies me. The problem is that I have very definite opinoins about policy which will, I am sure, not endear me to the reform movement. Not that I particularly care, but still why cause a problem for the President.

2. It would be helpful if the person had advised real clients at some point on real political activity (not necessarily as an attorney) — the better to understand the tradeoffs facing politicians and political activists.

See reasoning above. Commissioner Toner I know worked for the RNC (I think) and was an attorney at Wiley, Rein, & Feilding, so I know he has practical experience. I am not sure about the other commissioners though. Retiring Commissioner Smith (for whom Allison once worked) was a law professor, but I don't know the details of the other commissioners.

3. Has the person worked on a campaign? Run for office? Filled out a disclosure form or handled federal reporting? Raised funds for a candidate, or a political committee, or for anything at all?

In order of the questions: Yes, No, more times than I can count, and probably hundres of thousands of dollars.

4. The person should be somewhat familiar with the full array of studies about the role of money in elections, money in legislation, money in advocacy and the charitable sphere, and the motives of donors. There should be something in the person’s background to indicate sensitivity to and curiosity about “big picture” campaign finance questions.

Having researched a number of papers on campaign finance and spent almost all of my professional career working on PACs, campaigns, grassroots and lobbying activies, I think I have a very good grasp of the big picture. I still look at politics from a completely holistic approach.

5. The person should have some understanding of how corporations and unions operate.

I'm a little weak on the union bit, but I have had union clients before. I think I have a pretty good basic idea of how they work. I am pretty strong on the corporate side of things. I wonder how many candidates or people mentioned for this job are willing to admit such a weakness.

6. It would be nice for the person to know something about tax, communications, exempt organizations, or ethics laws and rules, if only to better anticipate instances where rulings from the FEC could have spillover effects.

Now hear, Allison may be reaching a little (sorry Allison). I passed my tax course in law school, but it was more of a survey course than anything detailed. However, if Allison is willing to limit knowledge of the tax code to 501(c) organizations and 527 organizations, I fit the bill here. Communications--I know that the 1996 Telecommunications Act is a piece of junk and needs to be revamped and that campaigns spend an inordinate amount of money on broadcasts ads, but that is my limit. Ehtics laws, I have been a registered lobbyist and had to complete those forms (monstrosities that they are). Certainly, a Commissioner needs to be aware of these areas, but I don't know how much.


Now despite qualifying for the job, I doubt the President is going to reach down to me, merely a recent law school grad to appoint to the FEC. I am not sure I would want the job, although I am pretty sure I would serve if the President asked (can you picture me sitting by my phone right now :) ). I however, am not sure my wife would be so happy.

Still, I think Allison hits the nail right on the head with her qualifications list. At this point, the Commission needs to be filled with people with practical knowledge of campaign finance regulation and the practical impacts of the decisions. In recent years, FEC regulations and campaign finance law have skewed into the realm of esoterica, i.e. what is the meaning of "public communication" and coordinated expenditures, that the players in the system have lost sight of the real purpose of campaign finance regulation--to make sure that political campaigns are funded in a clean, publicly disclosed manner so that the electorate can be sure that candidates are as free of corruption or the appearence of corruption as possible.

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