Posted November 5, 2007 by Paul S. Ryan

CLC Files FEC Comments Opposing Soft Money Ban Exemption Request

The Campaign Legal Center and Democracy 21 filed comments today with the FEC opposing a new attempt by Members of Congress to circumvent McCain-Feingold by raising soft money for ballot initiatives.  The advisory opinion request (AOR 2007-28) submitted by U.S. Representatives Kevin McCarthy (R-CA) and Devin Nunes (R-CA) is seeking the Commission’s opinion as to whether the Congressmen may “freely raise funds” – i.e., solicit soft money – for committees formed to support the qualification and/or passage of a California state ballot initiative on either the June 3, 2008 primary election ballot or the November 4, 2008 general election ballot.  Both Congressmen are candidates for the U.S. House of Representatives on the June 3 primary election ballot and, if successful in that election, will be candidates on the November 4 general election ballot.

The Federal Election Campaign Act (FECA), as amended by the McCain-Feingold law in 2002, states that federal candidates and officeholders shall not “solicit, receive, direct, transfer, or spend funds in connection with an election for Federal office … unless the funds are subject to the limitations, prohibitions and reporting requirements” of FECA.  2 U.S.C. § 441i(e)(1)(A).  This is known as the McCain-Feingold law’s “soft money” ban.

Congress and the Supreme Court have both recognized that soft money contributions made as the result of solicitations by federal officeholders threaten real and apparent corruption of such officeholders.  The McCain-Feingold law’s legislative history, purpose and text, as well as the FEC’s regulations, make clear that Congressmen McCarthy and Nunes are prohibited from soliciting soft money contributions in connection with elections in which they are on the ballot – even where, as here, there are also state measures on the ballot.