FEC attempts to clarify rules on interest groups and candidates

September 3, 2010

After years of wrangling that started with the 2002 McCain-Feingold campaign-finance law, the Federal Election Commission has issued new rules intended to clarify when it’s illegal for an interest group to coordinate with a political candidate. As the Washington Post reports, the commission decided last week that any ads or other messages containing the "functional equivalent of express advocacy" for or against a congressional candidate are subject to FEC campaign-finance restrictions.

But some reformers say that the rules leave loopholes that still allow broad coordination between candidates and the outside groups that support them. The rules do little to clarify what kinds of cases might exceed the limits, virtually ensuring further litigation, the Post reports. Deciding whether an interest group is acting in coordination with a party or a candidate is crucial in determining whether the group must abide by contribution limits and other FEC oversight.

Jeff Patch of the Center for Competitive Politics, which opposes most forms of campaign-finance regulation, says that critics are exaggerating the potential impact of the rules. "The new coordination regulations are not perfect," Patch wrote on his group’s website, but they "reflect a compromise by the FEC to comply with court rulings."

The new rules don’t take effect until December, so they won’t have an immediate impact on the outside political groups that are expected to play a central role in the November midterm elections — and are already spending millions. — Greg Beaubien

For further reading:Is Supreme Court’s decision a PR boon? (PRSAY)

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