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Topic: McConnell v FEC

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	McConnell v. FEC (Site not responding. Last check: 2007-10-22)
		Mitch McConnell on the Issues The Kentucky Senator's voting record and positions on a wide range of matters.
		Anthony L McConnell Jr OD An eyecare, eyewear optometric practice by Dr. Anthony L. McConnell Jr.
		YMCA Camp McConnell A summer camp that is a co-ed residential camp for ages 7 to 15.
	www.serebella.com /encyclopedia/article-McConnell_v._FEC.html (622 words)

	March 10, 2004 Hearing
		I note that FEC Vice-Chair Ellen Weintraub opposed a rulemaking on 527 activity at this time, saying Aat this stage in the election cycle, it is unprecedented for the FEC to contemplate changes to the very definitions of terms as fundamental as Aexpenditure@ and Apolitical committee@.
		The fact that the FEC has neglected to enforce the law correctly for the last several years because it erroneously interpreted the rules for 527s is not a reason for the Commission=s continued failure to enforce it now that the Supreme Court has made it clear in McConnell that they should do so.
		The FEC=s current difficulty in dealing with an issue as straightforward as these 527 organizations spending soft money in the 2004 federal elections, and the 3-3 ties at the Commission when it recently considered an advisory opinion on this issue, are only the most recent examples of the need for FEC reform.
	rules.senate.gov /hearings/2004/031004_mccain.htm (1582 words)

	Campaign Finance Reform
		On December 4-5, 2002 a three-judge panel of the U.S. District Court for the District of Columbia heard oral arguments in the consolidated McConnell v.
		On May 9, the FEC issued a first round of proposed rules to implement aspects of the Act; and over a year later they were still developing and finalizing rules related to the Act.
		Despite passage of BCRA serious concerns remain over many aspects of how elections are financed in the United States, ranging from low public participation in the matching funds checkoff to the financing of the presidential nominating contests to the activities of Section 527 organizations.
	www.gwu.edu /~action/2004/cfinref.html (396 words)

	MCCONNELL V. FEDERAL ELECTION COMM’N
		Senator McConnell’s testimony that he plans to run ads critical of his opponents and had run them in the past is too remote temporally to satisfy the Article III standing requirement that a plaintiff demonstrate an “injury in fact” that is “actual or imminent,” Whitmore v.
		Also inadequate for standing purposes is the Paul plaintiffs’ contention that their congressional campaigns and public interest advocacy involve traditional press activities, such that §307’s contribution limits, together with FECA §315’s individual and PAC contribution limitations, impose unconstitutional editorial control on them in violation of the First Amendment’s Freedom of the Press Clause.
		The McConnell plaintiffs’ argument that the requirements are intolerably burdensome and invasive is rejected.
	supct.law.cornell.edu /supct/html/02-1674.ZS.html (6066 words)

	News Releases, FEC Seeks Comment on Proposed Rules Regarding Political Committee Status (Site not responding. Last check: 2007-10-22)
		The Federal Election Commission (FEC) is seeking comment on whether to amend the definition of "political committee" applicable to nonconnected committees.
		FEC, 540 U.S. Ct. 619 (2003) recognized that regulation of certain activities that affect Federal elections is a valid measure to prevent circumvention of the Federal Election Campaign Act?s contribution limitations and prohibitions.
		Consequently, the Commission is undertaking this rulemaking to revisit the issue of whether the current definitions of "political committee" adequately encompasses all organizations that should be considered political committees subject to the limitations, prohibitions and reporting requirements of the Act.
	www.fec.gov /press/press2004/20040312rulemaking.html (328 words)

	OMB Watch - Summary of Federal Election Commission May 13, 2004 Meeting
		She cited examples of 527 groups that are not engaged in activity the FEC should be regulating, such as the Bar Association of the City of New York, which rates judicial candidates, and a good government group that asks candidates to sign a pledge of good conduct during campaigns.
		She said the Supreme Court?Ámp;#8364;?s McConnell opinion held the PSAO standard is not overly vague only in the context of communications by political parties.
		He suggested the FEC compare the situation to a FDA case where a rule challenging lobbying laws was upheld because the agency had supporting data.
	www.ombwatch.org /article/articleview/2200/1/3 (2944 words)

	No. 02-1674: McConnell v. FEC - Brief (Merits)
		The FEC initially appeared to take inconsistent positions on the question whether party activities having a likely effect on both federal and state elections could be financed in part with funds (e.g., corporate donations) raised outside the framework of FECA's source-and-amount limits.
		In 1990, the FEC promulgated regulations that required various party expenses to be funded in part with hard money, and that established formulas to be used in allocating those expenses.
		The RNC plaintiffs appear to argue that the FEC's prior allocation rules were invalid, and that a party committee has a First Amendment right to receive unlimited contributions for any political activity that does not expressly advocate the election or defeat of a federal candidate.
	www.usdoj.gov /osg/briefs/2003/3mer/2mer/2002-1674.mer.aa.html (16484 words)

	Money & Politics Report Headline Archives
		FEC is not so far out of line with other recent “blockbuster” cases with which the Court is familiar (for example, last term’s Michigan affirmative action cases).
		FEC should be a vehicle for implementing the basic framework adopted in Buckley, not undoing it.
		FEC, 453 U.S. This evidence is summarized, with citations to the record, at pages 12-16 of the brief filed by the Intervenor-Defendants in the Supreme Court (available on web at http://www.campaignlegalcenter.org/attachment.html/defbrief.congsponsors.redacted.pdf?id=894).
	www.bna.com /moneyandpolitics/report.htm (6864 words)

	CFI Transcripts: McConnell v. FEC Luncheon/Pres. Task Force Launch July 18, 2002
		FEC litigation, the court case challenging the constitutional premises of the Bipartisan Campaign Finance Reform Act of 2002.
		And on December 4, before even some of the regulations of the FEC are finished, we will have an argument in the three District Judge court in the District of Columbia with respect to this litigation.
		The second is the RNC, it is true, has sent out subpoenas to issue advocacy groups that mirror in many respects the subpoenas of the FEC and the subpoenas that it has issued to other advocacy groups, and that the discovery request that the government and interveners have served on the plaintiff issue advocacy groups.
	www.cfinst.org /transcripts/071802.html (11577 words)

	McConnell v. FEC 3/27/02 (Site not responding. Last check: 2007-10-22)
		Plaintiff Mitch McConnell is the senior United States Senator from the Commonwealth of Kentucky, and one of the Senate's foremost advocates for unfettered political speech and association.
		Senator McConnell is a United States citizen, member of Congress, candidate, voter, donor, recipient, fundraiser, and party member, and has been, and will continue to be, injured by the BCRA in each of these capacities.
		Section 214(c) directs the FEC to define the concept of coordination broadly, and specifically directs that any promulgated regulations shall not require agreement or formal collaboration between the candidate or political party and the entity making the disbursement in order to establish coordination.
	lawschool.stanford.edu /library/campaignfinance/mcconnelvfec32702.html (4604 words)

	OMB Watch - After the McConnell Decision: Impact on Charities and Genuine Issue Advocacy
		FEC upholding the Bipartisan Campaign Reform Act of 2002 (BCRA) has the potential to dramatically expand the scope of regulation of federal election activity.
		In October 2002, the FEC published final rules implementing the electioneering communications portion of the law, incorporating two provisions advocated by OMB Watch and others.
		In McConnell, the Court found the "express advocacy/magic words standard" to be merely a statutory interpretation that could indeed be superseded by a new statute (BCRA), and not a constitutional requirement.
	www.ombwatch.org /article/articleview/2003/1/48 (2274 words)

	OMB Watch - FEC Sets Stage for Showdown on Scope of Campaign Finance Regulation
		In the end the FEC compromised on a limited draft from FEC Vice-Chair Ellen Weintraub, agreeing that the big questions should be decided in a rulemaking proceeding.
		FEC regulation is limited to registered federal political committees, but the threshold for requiring registration is one of the questions left open by the Supreme Court decision.
		The FEC’s challenge in the rulemaking will be to find a standard that does not impact non-partisan advocacy, including grassroots lobbying and public criticism of the president or members of Congress.
	www.ombwatch.org /article/articleview/2065/1/208 (752 words)

	:: Russ Feingold :: United States Senator (Site not responding. Last check: 2007-10-22)
		May 2, 2003 The United States District Court for the District of Columbia issues its decision in the case of McConnell v.
		FEC, ruling on the constitutionality of the Bipartisan Campaign Reform Act of 2002.
		May 5, 2003 Senator Feingold delivers a floor speech on the May 2 ruling of the district court in the case of McConnell v.
	feingold.senate.gov /issues_reform_timeline.html (174 words)

	The Reform Institute \| For Campaign and Election Issues (Site not responding. Last check: 2007-10-22)
		The next critical step in campaign finance reform is to replace the FEC with a new agency that is structured to succeed, not to fail, and that will be an effective oversight and enforcement agency that protects the public interest, not an agency captured by the parties, candidates, and donors it regulates.
		It noted that FECA “was subverted by the creation of the FEC’s allocation regime” which allowed the parties “to use vast amounts of soft money in their efforts to elect federal candidates.” Id. The Court flatly stated that the Commission’s rules “invited widespread circumvention” of the law.
		Remarkably, the FEC has come up with an even worse definition than it had before — one that allows overt coordination between a spender and a candidate on a campaign ad so long as the ad is run more than 120 days before the election and does not contain express advocacy.
	www.reforminstitute.org /cgi-data/article/files/239.shtml (4465 words)

	The Reform Institute \| For Campaign and Election Issues (Site not responding. Last check: 2007-10-22)
		FEC, the U.S. District Court for the District of Columbia will resume proceedings in a related lawsuit brought by Members of Congress against the Federal Election Commission.
		Last October, Reps. Christopher Shays (R-Conn.) and Marty Meehan (D-Mass.) sued the FEC in federal court arguing that the agency’s new rules implementing the soft-money ban in the new campaign finance reform law were “arbitrary and capricious, an abuse of discretion, and otherwise not in accordance with the law.”
		For instance, the lawmakers object to the way the FEC defined the terms “solicit” and “direct” and are arguing that the narrow definition adopted in a 4-2 vote will allow lawmakers ample wiggle room to raise soft money through a “wink and nod” approach.
	reforminstitute.org /cgi-data/article/files/121.shtml (532 words)

	SCOTUSBlog (Site not responding. Last check: 2007-10-22)
		After lengthy proceedings subsequent to the Supreme Court's earlier ruling in the case that ADA Title I does not validly abrogate state sovereign immunity, the Eleventh Circuit held today that Patricia Garrett and others could bring their disability discrimination suit under Section 504 of the Rehabilitation Act because Section 504 validly abrogates state sovereign immunity.
		FEC is very difficult based on yesterday’s oral arguments.
		The application for stay of execution of sentence of death is denied in Hirsh v.
	www.goldsteinhowe.com /blog/archive/2003_09_07_SCOTUSblog.cfm (1697 words)

	The Free Expression Policy Project
		FEC was assigned to a three-judge court in the District of Columbia.
		Thus, although there was no evidence in the McConnell case of outright bribery, or direct trading of money for votes on a specific piece of legislation, the evidence did show not only a widespread public perception of corruption, but an actual, severe distortion of the democratic process.
		The justices in the McConnell majority approved Congress's integrated plan for campaign finance reform as a means of redressing the harm done to the democratic process by the past quarter-century's corruption of federal elections.
	www.fepproject.org /commentaries/campaignfinance.html (5901 words)

	Money & Politics Report Analysis & Opinion
		FEC, the Court observed that the organization there would be a “political committee” if the ratio of its electoral to non-electoral spending shows that “its primary objective is to influence political campaigns.”11
		But for those 527s that do so, they are entitled to this prize: after all, the inevitable consequence of the “major purpose” test is that those organizations whose spending on “federal election activities” remains only a minor part of their mission need not comply with the extra strictures that FECA imposes on political committees.
		McConnell upheld the contribution limits on state parties because the evidence there overwhelmingly showed that the risk of corruption was real, not merely theoretical.
	www.bna.com /moneyandpolitics/loophole.htm (3752 words)

	Supreme Court Rules on Campaign Finance Case: The Legal and Political Impact of McConnell v. FEC (Site not responding. Last check: 2007-10-22)
		In an eagerly anticipated decision on McConnell v.
		FEC, the Supreme Court Wednesday upheld all major provisions of the Bipartisan Campaign Reform Act, popularly called "McCain-Feingold" after its sponsors in the Senate, John McCain (R-Ariz.) and Russell D. Feingold (D-Wis.).
		FEC and the impact the Court's decision will have on campaign finance law and practice.
	www.brook.edu /comm/events/20031211cfr.htm (500 words)

	The Campaign Legal Center: BCRA McCain-Feingold
		The FEC has crafted rules to implement the Reform Act.
		In September 2004, the U.S. District Court for the District of Columbia invalidated fifteen of the nineteen challenged Reform Act implementing rules and ordered the FEC to rewrite the rules.
		The FEC has appealed the district court decision with regard to five invalidated rules but, early in 2005, began the process of rewriting the other invalidated rules.
	www.campaignlegalcenter.org /BCRA.html (249 words)

	The Campaign Legal Center: Transcript of McConnell v. FEC Hearing Now Online
		Sep 10, 2003 -- Transcript of McConnell v.
		On Sept. 8, 2003, the U.S. Supreme Court held four hours of oral argument in McConnell v.
		FEC, the constitutional challenge to the McCain-Feingold campaign finance reform act.
	www.campaignlegalcenter.org /press-874.html (55 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		(a) The McConnell plaintiffs lack standing to challenge BCRA §305, which amends the federal Communications Act of 1934 requirement that, 45 days before a primary or 60 days before a general election, broadcast stations sell air time to a qualified candidate at their "lowest unit charge," 47 U. §315(b).
		In 1995 the FEC concluded that the parties could also use soft money to defray the costs of "legislative advocacy media advertisements," even if the ads mentioned the name of a federal candidate, so long as they did not expressly advocate the candidate's election or defeat.
		While the FEC's allocation regime permitted national parties to use soft money to pay for up to 40% of the costs of both generic voter activities and issue advertising, they allowed state and local parties to use larger percentages of soft money for those purposes.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&vol=000&invol=02-1674 (13616 words)

	The Campaign Legal Center: McConnell v. FEC: The McCain-Feingold Litigation (Site not responding. Last check: 2007-10-22)
		FEC, the constitutional challenge to the Bipartisan Campaign Reform Act.
		The library includes the expert and fact witness reports and depositions, party and amicus briefs for both the trial and Supreme Court phases of the litigation, the complete district court decision as well as a complete record of the FEC's rulemakings to implement the Act.
		FEC Rulemakings, McConnell v FEC District Court and Supreme Court Proceedings
	www.campaignlegalcenter.org /press-585.html (123 words)

	Reason: Only Money: Campaign finance reform bites supporters in the rear
		FEC, and at press time the Federal Elections Commission (FEC) was on the verge of establishing specific new interpretive guidelines for how Americans can legally raise money and make public statements that could affect national elections.
		Pope was one of a half-dozen heads of nongovernmental organizations to testify at the FEC’s mid-April "rule making" hearings, which were intended to pave the way for a May 13 commission vote on regulations that could significantly alter the course of the November elections.
		So the FEC is left trying, on one hand, to respond to the political pressure of the moment and, on the other, to resolve the inconsistencies between McCain-Feingold, McConnell, and the 1976 Supreme Court decision Buckley v.
	www.reason.com /0407/co.mw.only.shtml (1175 words)

	McConnell v. FEC -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-22)
		With respect to Titles I and II of the BCRA, Justices (United States filmmaker (1905-1975)) Stevens, (Click link for more info and facts about O'Connor) O'Connor wrote the opinion of the Court.
		With respect to Title V of the BCRA, Justice (Click link for more info and facts about Breyer) Breyer wrote the Court's opinion.
		Justice (United States filmmaker (1905-1975)) Stevens, joined by Justices (Click link for more info and facts about Ginsburg) Ginsburg, and (Click link for more info and facts about Breyer) Breyer, dissented on one section of the part of the Court's opinion written by the Chief Justice.
	www.absoluteastronomy.com /encyclopedia/m/mc/mcconnell_v._fec3.htm (388 words)

	Capital Eye - Soft Money Stakes (Site not responding. Last check: 2007-10-22)
		FEC, the case challenging the constitutionality of the new campaign finance law, would be simple.
		Less complicated, however, are the stakes as the Supreme Court hears arguments in the case today.
		Click here for a report on the role soft money—and those who benefited from it—will play in the Court's decision.
	www.capitaleye.org /inside.asp?id=102&format=print (59 words)

	ipedia.com: McConnell v. FEC Article (Site not responding. Last check: 2007-10-22)
		FEC is a 2003 United States Supreme Court case upholding the constitutionality of most of the Bipartisan Campaign Reform Act.
		The case was brought by groups such as the California State D...
		The case was brought by groups such as the California State Democratic Party and the National Rifle Association, and individuals including Senator Mitch McConnell (Kentucky), the (Republican) Senate WhipMajority Whip, who argued that the legislation was an unconstitutional infringement on their First Amendment rights.
	www.ipedia.com /mcconnell_v__fec.html (455 words)

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