Salt of the Earth: Campaign finance rules get diluted

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July 2002

Campaign finance rules get diluted
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Campaign finance rules get diluted
Supporters of the McCain-Feingold statute on campaign finance reform, recently signed into law, are going head to head with the Federal Election Commission because they say the FEC is undermining the intent of the law.

Four sponsors of the bill, John McCain (R-Arizona), Russ Feingold (D-Wisconsin), Christopher Shays (D-Connecticut), and Marty Meehan (D-Massachusetts), issued a joint statement saying that "Congress spent seven years debating complex and difficult policy issues before reaching the judgments contained in the bill. The FEC's job is to implement those judgments, not revisit them—to enforce the law, not undermine it."

Among the regulations developed by the FEC is a provision that allows federal candidates to suggest that organizations like labor unions and corporations donate money to state or local party coffers for "party-building activities." The candidates are not allowed to directly ask for money, though. Also, the FEC wishes to allow a federal candidate to speak at state or local fundraisers without restrictions on soliciting soft money donations for the party. In addition, the commission's regulations would widen the scope of activities that state and local parties could pay for with soft money.

Critics say the regulations would open too many loopholes by narrowly defining illegal activities, such as what it means to "solicit" funds. The joint statement by the sponsoring senators says, "The effect of these definitions could be to allow Federal candidates and party leaders to continue to raise soft money for the state parties using careful language and a 'wink and a nod.' According to the Washington Post, the FEC's own general counsel recognized that 'it doesn't take great cleverness to figure out ways to request a donation without formally asking for one.'"

The senators say they intend to continue to fight against the new regulations.—Tara Dix

For more information:
McCain statement on FEC regulations
Brookings Institute resources
Federal Election Commission

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