FEC Looking at Electioneering Ad Regulations Post-WRTL

The FEC is hoping to rewrite their regulations regarding electioneering communications in light of the Supreme Court ruling in Wisconsin Right to Life before December. According to the Washington Post:

FEC Chairman Robert D. Lenhard said the commission feels compelled to resolve that question before mid-December, when a barrage of ads is likely to start filling up airtime. "We believe it is critical to have a clear rule in place in time for the Presidential primaries and caucuses in early 2008," Lenhard said in a prepared statement.

Using the Supreme Court's opinion as a guide, the commissioners will develop guidelines telling groups what they can and cannot say in ads. The rules will be intended to make clear when an ad is lobbying Congress on an issue, and therefore is permitted, and when an ad crosses the line into electioneering. The FEC will enforce the new rules, and groups will be subject to fines if they violate the restrictions.

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How the FEC will tilt is hard to predict, [Prof. Rick] Hasen said, especially because the commission is in some disarray, with a vacancy, a member whose tenure has expired and four who are awaiting Senate confirmation. Any new regulations require the votes of at least four members to take effect.

One thing is expected, campaign finance analysts said: Organizations will continue to push the limits of any new regulations, and more court battles will follow.

The Commission will need to get draft rules out pretty quick if they are to follow the normal rulemaking process.

Expect more rhetorical battles between Rick Hasen and Bob Bauer.