FEC Debacles to Come

The Federal Election Commission issued an Advisory Opinion yesterday in response to a request by EMILY's List. Allison Hayard comments here and EMILY's List attorney Bob Bauer comments here. These two do a fine job detailing this AO, so I won't do so here.

I do want to say that the FEC says, in its own opinion, that the courts have given the Commission to set their own allocation rules regarding spending on federal campaigns and non-federal campaigns. So why do they persist in taking a non-sensical approach to this matter? I don't know, other than simplicity sake, particularly since over the past several months, FEC audits have found that the allocation rules have not been adhered to.

But EMILY's List is not done. Anticipating that the Commission would issue this opinion, the group have filed suit in the matter and the case is now pending before the DC Circuit Court of Appeals and arguments will be held on Dec. 13.

Another interesting development is a new Advisory Opinion Request from Emil Franzi, a radio station host in Arizona who is asking, among other things, if he, on his radio show, permitted to discuss or interview candidates for federal office with 30 days of hte primary or 60 days of the general election. He also asks about his funding arrangements and if they run afoul of regulations.

In many respects Franzi is like the radio version of a blogger. He is not employed by the radio station, much like a blogger is not employed by his hosting service. Franzi pays for access to airtime through a radio station like a blogger pays for bandwidth (sometimes). Finally, Franzi supports his broadcast by selling advertising, like some bloggers do.

What will be interesting is how the FEC will treat Franzi's activities. Given the parallels between Franzi's radio show and bloggers, if the FEC grants and exemption to Franzi, how will the Commission justify treating bloggers differently? (assuming of course they do)

More troubling are the general issues. I approach campaign finance from a very hands off mindset. Disclosure of funding is good, beyond that people need to be able to discuss politics, ideas, and issues. These are essential to the orderly functioning of a democratic society. But FEC reuglations, in the name of preventing corruption, have become overly burdensome.

Parked in OTB's Traffic Jam