The request (of Rep. Jeff Flake (R-Ariz.)) to the FEC for an Advisory Opinion has drawn several comments. Flake set up a group called Stop Taxpayer Money for Politicians Committee which wants to circulate petitions for an initiative to repeal the Clean Elections fund in Arizona. The problem is that Flake is a federal official and he is wondering if working on this state campaign at the same time as he is running for re-election (or perhaps against Sen. John McCain) will violate the BCRA.

The Brennan Center argues that because the BCRA "unambiguously prohibits initiative campaign committees that were established by candidates for federal office from raising money from sources or in amounts that are not permitted by federal law," the Stop Committee must raise funds only in accord with the BCRA.

The Center for Responsive Politics agrees with the general point of the Brennan Center letter, but goes further in arguing that the Stop Committee will engage in federal election activity and electioneering communications during a federal election, and engage in prohibited coordination with a federal campaign (Flake's). It concludes that the Stop Committee "would resolve most, if not all, its compliance issues by soliciting, receiving and spending only federal funds. The Center also suggests that portions of the request ask for advice about hypotheticals, and the FEC should reject those.

Common Cause and Democracy 21 urge the FEC to reject the whole request because it asks for general advice about how to comply with the law if the Committee takes a variety of forms. In addition to the points made above by the other commentators, these two organizations argue that Flake and the Committee have already violated the BCRA by soliciting non-federal funds; and that it makes no difference what form the Committee takes (527 group or 501(c)(3)).

The Campaign Legal Center covers the same terrain in a longer letter that points out the importance of ballot initiatives and urges the FEC not to allow "a blurring of the line between political campaign and initiative processes."

The Flake request is AOR 2003-12.  It and the comments are at http://www.fec.gov/aoreq.html.


Ed Still
http://www.votelaw.com
http://votelaw.blogspot.com