Communications Litigation Today was a service of Warren Communications News.

Federal Election Commission (FEC) asked for comments on rulemakin...

Federal Election Commission (FEC) asked for comments on rulemaking to carry out provisions of campaign reform bill that becomes effective Nov. 6 -- day after voting in 2002 non-Presidential elections. FEC scheduled Aug. 28-29 hearing on proposal, with comments by those seeking to testify due Aug. 21, others by Aug. 29. Congress gave FEC 270 days (until Dec. 22) after bill became law to adopt new rules. FEC proposals seek comments on as many as 5 different interpretations of some of bill’s requirements, defines “electioneering communications [as] certain broadcast, cable or satellite communications that refer to a clearly identified candidate” for House or Senate carried within 30 days of primaries, 60 day of general elections, “targeted to reach” at least 50,000 people eligible to vote. Proposal asks for comments on “how to determine, and where to obtain the data on, the number of persons a communication reaches.” FEC rules would exempt communications limited to Internet and Webcasts. FEC already has adopted rules covering spending of political “soft money” in campaigns that have been highly criticized as ineffective by Alliance for Better Campaigns (ABC) and others. Coalition, led by Sen. McConnell (R-Ky.), has filed suit in U.S. Appeals Court, D.C., charging campaign law is unconstitutional. Court has put appeal on “fast track,” setting arguments for early Dec. Commenting on FEC proposal, ABC Exec. Dir. Paul Taylor said: “The Commission has decided to write law instead of interpreting law… creating exemptions that [Congress] never intended” -- particularly in its rules on soft money. Proposed FEC rules are scheduled to be published tomorrow (Wed.) in Federal Register and are available at www.fec.gov/register.htm.