Chamber Charges FEC Overstepping Its Authority

Chamber Charges FEC Overstepping Its Authority
Soft Money Regulations Violate First Amendment Protections

WASHINGTON, D.C. – The United States Chamber of Commerce charged the Federal Election Commission had overstepped its authority in its proposal to expand restrictions on soft money election activities, in comments filed with the commission today.

"The Federal Election Commission cannot simply craft whatever rules it wants," said Stephen Bokat, Chamber general counsel and executive vice president of its litigation center. "The Commission's proposed rule on soft money election activity by political groups goes beyond resolving an ambiguity to rewriting the law."

The Congress – in the campaign finance reform legislation recently enacted and largely upheld by the U.S. Supreme Court – limited its regulations on soft money use for "federal election activity" by party committees and "electioneering communications" by corporations and unions.

The Commission's proposal goes beyond the intent of Congress and the letter of the law by expanding the definition of "expenditure" thereby threatening to treat nonparty groups like political committees when they publicly criticize political parties or candidates, according to the Chamber.

New restrictions on the campaign activity of public interest groups and organizations attempt to solve problems that do not exist and will create new problems instead. By prohibiting the use of "information regarding likely party or candidate preference" when engaging in voter registration and get-out-the-vote activities, the Commission's proposal sweeps with a far too broad and vague brush, according to the Chamber's comments, and will chill legitimate election-year activities by nonparty groups.

"The proposals extend far beyond anything intended by Congress and violate basic First Amendment protections that the Supreme Court upheld in its ruling on campaign finance reform," said Bokat.

The U.S. Chamber of Commerce is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region.

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