[EL] Politico: OFA engaging in coordination with DCCC

[Eric Wang]

     This Politico article today raises several interesting issues 
pertaining to some of the debates about the FEC's regulations and 
procedures:

http://www.politico.com/story/2013/08/organizing-for-action-democrats-michelle-nunn-95237_Page2.html

     As a preliminary matter, I'd note that this article seems to 
contradict everything OFA officials, including counsel Bob Bauer, said 
several months ago, when they claimed OFA would not be involved in 
supporting or opposing candidates.

     With regard to the FEC, there's been a lot of debate about whether 
it's proper for the general counsel's office to investigate claims made 
in media reports. According to the Politico article:

"OFA Chairman Jim Messina has also held discussions with the Democratic 
Congressional Campaign Committee about mobilizing Obama supporters in 
Republican-held districts in races the party hopes will be competitive, 
according to a Democratic official."

     The article later reports that "OFA spokeswoman Katie Hogan said 
the group 'is not coordinating on targeted districts with the DCCC' and 
isn't working on any specific race."

     For those who are advocating for the FEC staff to have an 
open-ended ability to take these types of media reports into 
consideration, what would you have the FEC do about this article?

     I'd also note that this article illustrates a difference the 
Democrats and Republicans on the Commission have about coordination. The 
Republican commissioners tend to regard coordination as being limited to 
coordinated communications under 11 CFR 109.21. But the Democrat 
commissioners take a much broader view toward coordination, and read a 
lot into 11 CFR 109.20. Here, the Republicans would not see a violation 
in OFA's activities as reported in Politico. But the Democrats -- if 
they were consistent and truly non-partisan -- would probably vote to 
open an investigation.

     Just some food for thought.

- Eric Wang


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