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34 Rec. 1 (2008)

handle is hein.usfed/fecrecd0034 and id is 1 raw text is: Federal Election Commission January 2008 Volume 34, Number 1 Table of Contents Commission 1 Message from the Chairman 2 New Chairman Elected Regulations 1 Final Rules and Explanation for Electioneering Communications 4 Federal Register Court Cases 4 FEC v. Morgan 5 Hearn v. FEC Reports 5 Reports Due in 2008 13 Illinois 14th District Special Election Reporting 15 Advisory Opinions Public Funding 22 Dodd and Biden Certified for Matching Funds Outreach 23 Orlando Regional Conference for House and Senate Campaigns, Political Party Committees and Corporate/Labor/Trade PACs 23 FEC Conference Schedule for 2008 23 Index Message from the Chairman The Federal Election Commission begins 2008 under unusual circum- stances. The recess appointments of three FEC Commissioners expired at the end of 2007 without Senate confirmation. Another Commis- sioner departed the FEC during the year and no replacement has been nominated. As a result, as of January 2008 the FEC has only two sitting Commissioners and four vacancies. Under the Federal Election Cam- paign Act, the affirmative votes of four Commissioners are necessary in order for the FEC to take certain actions related to advisory opinions, forms, regulations, enforcement mat- ters, litigation, and to certify public funds to Presidential candidates. It is important to note that campaign finance laws and report- ing and disclosure requirements remain in effect. The Commission will continue to receive and process complaints during this time. We will also continue to receive, review and publish disclosure reports. Indeed, the agency is striving to improve the transparency of campaign finance activity for the 2008 elec- tions through such innovations as the Presidential Campaign Finance Map, which became available on Final Rules and Explanation for Electioneering Communications On December 14, 2007, the Commission voted to modify its regulations governing the funding of electioneering communications (ECs) by corporations and labor organizations and to apply the EC reporting and disclaimer require- ments to ECs made by corporations and labor organizations. The new rule is in response to the Supreme Court's decision in FEC v. Wiscon- sin Right to Life, Inc. (WRTL II). The revised rules allow corporations and labor organizations to distribute ECs, provided that they are not the functional equivalent of express advocacy, and took effect Decem- ber 26, 2007. Background The Bipartisan Campaign Reform Act of 2002 (BCRA) amended the Federal Election Campaign Act (the Act) to add a new type of political communication called electioneer- ing communications. The BCRA defined an EC as a broadcast, cable or satellite communication that refers to a clearly identified federal candidate, is publicly distributed within 30 days of a primary election or within 60 days of a general elec- (continued on page 2) (continued on page 2)

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