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For Immediate Release
October 8, 2002 |
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Shays, Meehan Challenge FEC Regulations
in Court
"The regulations are contrary to
the new law and must be overturned."
WASHINGTON -- U.S. Representatives Christopher
Shays (R-CT) and Marty Meehan (D-MA) filed suit today to overturn
soft money regulations adopted by the Federal Election Commission
(FEC) that violate the recently-enacted Bipartisan Campaign
Reform Act of 2002 (BCRA). Shays and Meehan were the principal
House sponsors of the BCRA, which was signed into law by President
Bush on March 27, 2002. U.S. Senators John McCain
(R-AZ) and Russ Feingold (D-WI), the BCRA's lead sponsors
in the Senate, will file an amicus brief in support of the
lawsuit, in accordance with Senate rules.
The regulations challenged by Shays and Meehan undermine
the three fundamental components of the new campaign finance
law's soft money ban: national parties may not raise, receive
or spend soft money; state parties may not spend unlimited
soft money donations on federal election activities; and federal
officeholders may not solicit, direct, receive or spend soft
money. Shays and Meehan are requesting the court enjoin enforcement
of these regulations until they are corrected to comply with
the new law.
In announcing the lawsuit, Shays stated, "The soft money
regulations promulgated by the FEC fly in the face of the
spirit of the new campaign finance law. Today, we are making
good on a promise to do everything we can to ensure the law
Congress passed and the President signed is properly implemented
and enforced."
"This is not something we wanted to do, but we believe
it is necessary to defend the law we fought so hard to enact,"
said Congressman Meehan.
The FEC adopted the soft money regulations on June 22, 2002
after three days of contentious debate, in which a voting
bloc of four FEC Commissioners repeatedly overruled the recommendations
of the agency's General Counsel and professional staff. Near
the conclusion of the FEC proceedings, one of the two commissioners
who consistently voted against efforts to undermine the new
campaign finance law said to his colleagues, "You have
so tortured this law, it's beyond silly."
Among the FEC soft money regulations challenged by the Shays-Meehan
lawsuit as contrary to the Bipartisan Campaign Reform Act
are:
A regulation allowing national parties to set up sham affiliates
prior to Election Day 2002 to raise and spend soft money as
"independent" groups thereafter, without any evidence
of the entity's formation by a national party being considered
to unmask its claim of independence.
Regulations narrowing the ban on soft money solicitations
by parties and candidates so that the ban covers only the
most explicit "asks" for soft money, allowing easy
evasion of the restriction, and even permiting explicit soft
money solicitations at state party fundraisers; and
Regulations that open the door to candidate and officeholder
Leadership PACs continuing to raise and spend soft money.
Shays and Meehan filed suit against the FEC in the U.S. District
Court for the District of Columbia. The lawsuit challenges
a number of regulations adopted by the FEC to implement the
new soft money ban law as "arbitrary, capricious, an
abuse of discretion, or otherwise not in accordance with the
law," grounds for their invalidation under the Administrative
Procedure Act.
View Complaint
for Declaratory and Injunctive Relief (PDF)
Contact: Betsy Hawkings,
202/225-5541
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