FEC Commissioner Brad Smith writes Stifling in Name of Reform in today’s Washington Times. The oped concerns a decision the FEC had to make about how to treat a proposed advertisement in which a federal senator praises a candidate for mayor. From the oped:
- Sounds innocent enough. However, under McCain-Feingold, no state or local political party, and no candidate for state or local office, can make any “public communication” that “promotes or supports” or “attacks or opposes” any federal candidate or officeholder unless paid for with federally regulated money.
Although Mr. Weinzapfel was seeking local office in Indiana, and the campaign was paying for the ad in accordance with Indiana and Evansville laws, his campaign could not run the ad if it “promotes or supports” or “attacks or opposes” Mr. Bayh.
Commissioner Smith concludes later in the oped:
- It would have been very easy to conclude the ad “promotes” or “supports” Mr. Bayh