Rick,

Here is part of a post I had about a month ago on the Votelaw blog at http://www.votelaw.com/blog/archives/000077.html. Clearly these groups think the answer is that Issa is limited to BCRA limits for almost anything he does.

Ed


Federal candidates and state initiative campaigns

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.


At 06:13 AM 5/29/2003 -0700, you wrote:

See this A.P. report, entitled "Davis ally to file legal complaint against Issa for recall campaign efforts." The article states in part:

The complaint [to the FEC] accuses Issa, R-Vista, of violating the federal McCain-Feingold campaign finance law by soliciting nearly $500,000 in corporate and "soft money" donations to the Rescue California committee that he set up to support a Davis recall. The law prohibits federal officeholders from seeking donations of corporate or "soft" money.

It has been a while since I've looked at the solicitation rules and FEC implementing regulations. I don't see how solicitation of funds by a federal officeholder for a wholly state law purpose such as the recall election is covered by BCRA, but maybe I'm missing something.

-- 
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlaw.blogspot.com
    

-- 
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlaw.blogspot.com