Campaign finance law sponsors say they will challenge Federal Election Commission
June 27, 2002
By SHARON THEIMER
Associated Press Writer
WASHINGTON (AP) - Sponsors of the new campaign finance law say they will seek repeal - in court and in Congress - of election officials' enforcement plan, which they contend writes loopholes into the law.
The four lawmakers also said Wednesday that they plan legislation to overhaul the Federal Election Commission, which they contend is too political to serve as an aggressive campaign finance watchdog.
The commission, made up of three Democrats and three Republicans appointed by the president, spelled out last week how it will enforce a key part of the law. The decisions most criticized by the law's sponsors were approved by one Democrat and the three Republicans.
"In many ways, some small, some large, the commission sided with interests who never wanted this law to pass and who continue to oppose it at every turn," said Sen. Russ Feingold, D-Wis.
Feingold, who described the FEC's decisions as "intentionally and arrogantly" seeking to rewrite the law, sponsored the law in the Senate with Sen. John McCain, R-Ariz.
Rep. Christopher Shays, R-Conn., who sponsored the measure in the House with Rep. Martin Meehan, D-Mass., called on the four commissioners to resign.
"They're not doing their job," he said.
The FEC last week adopted a plan to enforce the law's cornerstone, a ban on national party committees' raising of unlimited soft money contributions from labor unions, businesses and others, starting after this November's election. State and local parties can raise soft money if state law allows it, but will face new federal restrictions on spending the money.
The sponsors say the FEC opened loopholes rather than following Congress' desire for a broad interpretation of the ban.
For example, they say the law clearly bars federal officeholders and candidates from soliciting soft money. The FEC decided to let them continue raising it for state and local party committees at party fund-raisers.
The sponsors also are criticizing a narrow test the commission set to determine whether a lawmaker is violating the solicitation ban.
The four sponsors said they will join a lawsuit seeking to overturn the FEC's soft money rule. Details were being worked out.
They said they also will ask Congress to repeal the rule using its review power, action that requires a majority vote from each house and the president's signature.
Congress has only used the 1996 review law once. Last year, the then-Republican-controlled House and Senate repealed Clinton administration rules aimed at curbing job-related repetitive motion injuries.
The four commissioners criticized by the sponsors say the law leaves the FEC considerable room for interpretation, and they are simply trying to establish clear standards for candidates, political parties and donors.
Republican Commissioner Michael Toner, a Republican National Committee attorney until he joined the FEC earlier this year, said he welcomes court review of the soft money rule. He said he believes the commission is abiding by the law's intent.
Democratic Commissioner Scott Thomas, who voted against the other commissioners on the most controversial decisions, said he too welcomed review of the FEC's work.
"I do think some of the decisions the commission made along the way were contrary to the intent of the backers of the legislation," Thomas said. "But in a way this effort in Congress to overturn the regulations might give us a clearer picture as to what the intent of Congress really is" with the new law, he added.
The soft money rule was the FEC's first step as it prepares to implement the law. It will address restrictions on special-interest group ads next.
