"FEC to Testify Before House Panel"

BNA offers this report (paid subscription required), which begins: "Leaders of the Federal Election Commission considering a rule to regulate politics on the Internet will testify on the issue at a House hearing tentatively scheduled for Sept. 22, a congressional aide said. The hearing by the House Administration Committee, chaired by Rep. Bob Ney (R-Ohio) will hear testimony from FEC Chairman Scott Thomas, a Democrat, and Michael Toner, the FEC's Republican vice chairman, according to Ney spokesman Bryan Walsh. Other public witnesses also are expected to testify."

Brown on Katrina and Louisiana Politics, Including Redistricting

Peter Brown offers this column, which originally appeared in the Orlando Sentinel. Thanks to Jeff Wice for the pointer.

"Redistricting Reform May Be on the March in Three Big States"

Roll Call offers this report (paid subscription required), which begins: "With initiatives to reform redistricting expected to make the 2005 ballot in California and Ohio, and another for 2006 gaining traction in Florida, the ultimate insider issue has suddenly become hot in three of the nation’s most populous states."

"FEC Was Right to Allow Soft Money In Calif. Initiatives"

FEC Commissioner Michael Toner writes this Guest Observer column (paid subscription required) in today's Roll Call. A snippet:

The plain meaning of the statute is that the soft-money ban applies to elections for public office, but does not apply to non-candidate political activity, such as ballot initiatives and referenda. Any other interpretation would render the statutory reference to “office” a nullity. The FEC correctly followed the plain meaning of the law and rejected efforts for the Commission to go beyond its statutory authority.

The legislative history is consistent with the FEC’s interpretation of the statute. In debating the McCain-Feingold law, not a single Member of Congress, including the legislation’s sponsors, indicated that the soft-money ban would apply to initiatives and referenda. Revealingly, several Members of Congress who voted for McCain-Feingold, including House Minority Leader Nancy Pelosi (D-Calif.), informed the FEC last month that this was their understanding of the law.

The FEC’s ruling also advances important policy interests. Had the FEC concluded that McCain-Feingold applied to the California initiatives, a vast fundraising imbalance may have resulted. Schwarzenegger and his allies are permitted under California law to raise unlimited corporate and individual contributions, and published reports indicate that the governor plans to raise $50 million or more on behalf of the initiatives.

"McCain, Feingold Targeting Rider"

Roll Call offers this report (paid subscription required), which begins: "Sens. John McCain (R-Ariz.) and Russ Feingold (D-Wis.) implored their colleagues Monday to support their efforts to remove a campaign-finance rider to the Treasury-Transportation appropriations bill, which is slated to come to the Senate floor as early as this week. The provision would allow lawmakers’ leadership political action committees to give unlimited funds to the national party committees, opening what the two Senators believe would be a significant loophole in the campaign finance law."

"CBC Questions John Roberts"

The Hill offers this report, which begins:

Leaders of the Congressional Black Caucus (CBC) on Saturday took their strongest step yet toward opposing the nomination of Judge John Roberts, urging senators to submit the Supreme Court nominee to tough questioning on issues of racial discrimination.

“We are both astonished and troubled by what the papers of Judge John Roberts Jr. … reveal about his views on civil rights matters in virtually all the areas of concern to African Americans,” wrote Rep. Mel Watt (D-N.C.), the CBC’s chairman, and Del. Eleanor Holmes Norton (D-D.C.), judicial nominations chairwoman for the caucus, to Senate Judiciary Committee members. “We have deep and expansive concerns about the Roberts nomination.”

Watt and Norton highlighted eight areas of questioning they hoped the panel’s members would pursue, ranging from affirmative action to the reauthorization of the Voting Rights Act.

"Ruling Hints at Scrutiny of Lobbyist ‘Bundling’"

Roll Call offers this report (paid subscription required), which begins: "A little-noticed aspect of a recent decision by the Federal Election Commission could have far-reaching implications for how fundraising is conducted in Washington, as the agency eliminated some wiggle room in outside lobbyists’ abilities to 'bundle' contributions from corporate executives and pass them on to lawmakers. Lobbyists can still engage in such activities, however, so long as they act in their personal capacities."

-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 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://electionlawblog.org