Yet now lawmakers are proposing a new definition of “electioneering communication” that would include virtually any statement referencing a candidate for office made within 60 days of a general election or within 30 days of a primary. The language is broad enough to cover, conceivably, the monthly newsletters of think tanks or other watchdogs.
The bill appears to make exceptions, but they are vague and thus open to interpretation. For example, a flyer stating two county council candidates’ positions on the issues would be deemed electioneering if it “may be received” by 2,500 households. But who’s to say in how many something like this “may be received”? Under this language regulators would have the power to force watchdog groups to open their records to prove they’re not electioneering.
A group found to be electioneering would have to publicly disclose its financial supporters. No organization wants its donors subject to such invasions of privacy, which could expose them to public harassment or retaliation by powerful officials. In a state where a few politicians exercise enormous powers over all three branches of state government, that could mean real trouble for real people. If this bill is passed, many will find themselves suddenly worried about crossing some arbitrary line. They may decide it’s easier to simply keep quiet.