Blogs, 527s and Political Parties in Coordination

Amid continued controversy over the FEC’s upcoming rulemaking on internet activity (see this BNA subscribers only report and Bob Bauer’s report on Commissioner Thomas’s comments), a reader sends along the following e-mail:

    Chris Bowers over at MyDD.Com has an extremely interesting tactical post about the upcoming Congressional campaign and the effort to oust Tom Delay due to his ethical lapses.
    I am not a political mastermind, so I cannot judge the merits of the proposal, but the first thing that struck me was that the plan to unseat Delay over his ethical lapses could be illegal.
    Essentially Bowers is articulating a strategy and schedule for the 2006 election, which would coordinate funds and efforts from the Blogosphere, 527’s, PAC’s and the Democratic Party. In his estimation, this group is just a “we” and all the money those groups raise is “ours”.
    Is this type of coordination allowed under McCain Feingold? Does it matter that the proposal does not come from someone from a Party? Can the Democratic Party and independent groups now NOT execute this plan because it has been published?

The first question, about whether this type of coordination is allowed under McCain-Feingold, may well depend upon how the FEC ultimately crafts (and how the courts view) new coordination rules. But on the latter questions, it can’t be that a private person’s posting of such a suggestion prevents the Democratic Party and independent groups from acting—independently—on the suggestions. Otherwise, a crafty blogger could prevent groups from engaging in independent activities simply by suggesting a coordinated strategy.
The broader point is that coordination often is unnecessary. Consider the pro-Democratic 527s in the last presidential election. By hiring former Democratic Party and candiate officials, whose thinking is going to be similar to those in the party and the campaign, and by observing the media buys and other actions of the candidate campaigns, an independent 527 can aid a party’s strategy without a word of coordination between them.

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