GOP commissioners on FEC stymie campaign finance disclosures

You’re watching an ad. You hear the voice of President Obama. You hear the phrases “the White House” and “the Administration.” You see a reference to “Obamacare,” a derogatory phrase coined by conservatives opposed to the president’s legislative centerpiece, the Patient Protection and Affordable Care Act.

What might you conclude? It’s a political ad, and it’s critical of the president. If you knew the regulations of the Federal Election Commission, you might conclude that the ad represents “electioneering communications.” And if the ad is indeed an electioneering communication, then the ad is subject to campaign finance disclosure laws requiring the sponsoring group to reveal its funders.

It’s the job of the six FEC commissioners (three from each party) to determine if an ad is an electioneering communication. This week (on Flag Day, no less), the commissioners were unable to agree on whether that ad and four others proposed by the 501(c)(4) group American Future Fund (AFF) constituted electioneering communications requiring disclosure of funders. Say what?

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