D.C. court nullifies FEC regulations

A D.C. District Court judge on Wednesday threw out existing Federal Election Commission (FEC) regulations on coordinated communications, voter registration and get-out-the-vote activity, arguing that the agency’s interpretation did not meet a “reasoned decision-making” standard and undermined the law.

The FEC can either appeal the decision or rewrite regulations so they comport with the judge’s findings.

The decision by Judge Colleen Kollar-Kotelly stems from the FEC’s implementation of the 2002 Bipartisan Campaign Reform Act (BCRA) and from assertions by the bill’s authors in Congress that the agency is interpreting many provisions too loosely. As a result, they argue, the law’s intent is undermined.

Rep. Christopher Shays (R-Conn.), along with former Rep. Marty Meehan (D-Mass.), sued the FEC over the new regulations, while their counterparts in the Senate, John McCain (R-Ariz.) and Russ Feingold (D-Wis.), followed with an amicus brief.

BCRA supporters hailed Wednesday’s decision and said there was no reason why members of Congress should be forced to sue the FEC to make the agency implement laws Congress passes.

They also accused the FEC of abusing its powers by taking actions that gut the law rather than enforce it effectively as written.

“The agency’s continued actions are a blight on our democratic process,” said Gerald Hebert, executive director of the Campaign Legal Center. “Fortunately, courts have repeatedly stepped in to protect the process.”

Hebert said it was not just a matter of FEC incompetence but also a demonstration of an inherent problem with the structure of the commission itself: Commissioners are selected by their party for party loyalty.

The decision’s opponents were equally passionate in reacting to the ruling, arguing that it impedes on free-speech rights.
“The decision chills permissible speech by eliminating clear rules and bright lines regulating coordinated content and product,” said Stephen Hoersting, vice president of the Center for Competitive Politics, which opposes BCRA.