THE HILL
 

Federal Election Commission may hamper GOTV efforts

By Reid Wilson - 10/08/09 02:58 PM ET

The Federal Election Commission (FEC) has proposed new rules that could make it harder for state and local political parties to pay for voter registration and get-out-the-vote efforts.

In a notice published Thursday, the commission suggested it may broaden the definition of voter registration activity to include anything aimed at "encouraging or assisting potential voters in registering to vote."

The changes could have a major impact on the way state and local parties operate, election law experts say — an impact that could severely limit small political organizations from getting their voters to the polls.

"If the proposed changes are adopted, the biggest losers will be the grass roots at the county parties. When grassroots volunteers participate in the process, they do so at the county parties, not the national or state parties," said William McGinley, a Republican election lawyer at Patton Boggs.

Similarly, GOTV activities may be defined as anything "encouraging or assisting potential voters to vote." Both definitions would be more broad and encompass more efforts than previous definitions, which created distinct loopholes a federal appeals court found unconstitutional.

When a federal candidate is on the ballot, voter registration and GOTV activities must be paid for with federal dollars. But the current definitions cover individualized activities — for example, knocking on a door — while excluding mass communications like automated calls and mass mailings.

The appeals court found those loopholes would have allowed soft money to fund voter outreach efforts. Soft money is banned at the federal level, while many states allow the less-regulated funds to be used in their contests.

"It wouldn't have an impact in national parties because they deal with hard money anyway," said Marc Elias, a Democratic attorney at Perkins Coie. "The real impact here will be on state and local parties and how they fund activities that may not be of interest to the national parties."

On Thursday, the commission voted to start with the new, broader definitions, seeking comment from interested parties before the new rules take effect. The FEC's proposed definitions would cover activities that encourage people to vote, rather than simply activities that actually assist in voting, and they would cover the mass communications the court said current rules overlook.

The new rules will bring more state and local activities into the purview of the Federal Election Commission, according to election law experts. That will make a state or local party's efforts to get out the vote less effective, forcing them to use federal money for activities they once used local funds to execute.

Reform advocates have argued that giving the FEC more control over state and local party funding would eliminate soft money, but McGinley said that notion does not take into account regulators in individual states.

"State and local parties fund their state and local activities with funds regulated by state and local laws," he said. "The state funds are reported to the state and local election agencies. It is not unregulated soft money as falsely alleged by the pro-regulation community."

The FEC will accept comments through early November, with a hearing scheduled for Dec. 16. Elias said he expects the most vociferous comments to come from state political parties that stand to see their voter registration efforts severely curtailed.

"This is going to make it harder on state and local parties, and it's going to make it harder on them because they're gong to use more federal money," Elias said. "The question is, how much harder is it going to be?"


Source:
http://thehill.com/homenews/campaign/62295-fec-could-make-gotv-voter-registration-tougher

Comments (8)

well, get acorn out there, cuz i bet the dems. are the ones going to be out there making ppl. put dem. as their party just like acorn did. they need to make sure the ppl. they hire are independents, if not, it will be one sided voter registration just like acorn.BY carrgosslll on 10/08/2009 at 21:53
Well, the handwriting is on the wall—The Demos do not like the Grassroot effort that the Republicans set forth during elections!! We will call our politicians and tell them we do not need the federal government running our state and local elections—————————BY Dudley Doright on 10/16/2009 at 11:11
When you are at the DMV and aked to register, especially new voters, they say " I am not sure what am" they are being told to put down Independent. Why can't that person be told to take the card with them, decide, then mail or take it to the SOE. To many people do not know that Florida is a closed primary. When they come to the polls to vote in the Primaries, and we tell them " sorry, you can't vote because you are an independent",, they are very angry.Somehow, we have to stop encourageing them, when they are not in a real position to make that decision, to make a decision on their party affiliation. Let them take the registration with them.BY Jeri DeVore on 10/16/2009 at 16:01
I'm sure the Dems will figure out a way to circumscribe any new 'rules' the Federal Election Commission comes up with!! Maybe they will come up with a new name and designation for Acorn, so they can register Mickey Mouse and Snow White in the 2010 registration process again.BY Russ Bryan on 10/16/2009 at 17:10
I feel each state has the right to run their own affairs, we have very good people heading up our party in the state and let them be our leaders. We do not need the help of the Federal Gov.BY Joyce Bright on 10/17/2009 at 09:33
Just another instance of the Federal Government usurping the power that belongs to the State. When are we going to stand up for our States' rights.BY Dee Williams on 10/17/2009 at 15:47
Gentlemen:My first question is what authority does the FEC have to impose a requirement on a State jurisdiction? Is this an issue that has to be settled by Congress or the Courts?Once I get these answers I know how to proceed.Thank you.DanBY Dan Ballesteros on 10/17/2009 at 17:00
Why? So that ACORN can do it instead?! They have morphed under a new name.BY Jan Dunlap on 10/19/2009 at 13:37

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