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1 (July 10, 2001)

handle is hein.crs/crsmthaagyv0001 and id is 1 raw text is: Order Code 98-282 A Updated July 10, 2001 Campaign Finance Reform: A Legal Analysis of Issue and Express Advocacy L. Paige Whitaker Legislative Attorney American Law Division Summary Congressional Research Service The Library of Congress CRS Report for Congress Received through the CRS Web Issue advocacy communications have become increasingly popular in recent federal election cycles. These advertisements are often interpreted to favor or disfavor certain candidates, while also serving to inform the public about a policy issue. However, unlike communications that expressly advocate the election or defeat of a clearly identified candidate, the Supreme Court has determined that issue ads are constitutionally protected First Amendment speech that cannot be regulated in any manner. According to most lower court rulings, only speech containing express words of advocacy of election or defeat, also known as express advocacy or magic words can be regulated as election-related communications and therefore be subject to the requirements of the Federal Election Campaign Act (FECA). Unlike express advocacy communications, therefore, issue ads may be paid for with funds unregulated by federal law, i.e., soft money. H.R. 2356 (Shays/Meehan) would create a new term in federal election law, electioneering communication, which would regulate political ads that: refer to a clearly identified federal candidate, are broadcast within 30 days of a primary or 60 days of a general election, and, for House and Senate elections, are targeted to the relevant electorate. Generally, it would require disclosure of disbursements over $10,000 for such communications, including identification of each donor of $1,000 or more, and would prohibit the financing of such communications with union or certain corporate funds. Likewise, S. 27 (McCain/Feingold) would regulate the same communications as H.R. 2356 in the same manner except, with regard to the audience receiving the communication, S. 27 provides that the communication be made to an audience that includes voters in that election. H.R. 2360 (Ney-Wynn) would require disclosure for spending on communications disseminated within 120 days of a federal election that, if broadcast, mention or, if non-broadcast, refer to or depict a clearly identified federal candidate by name, image or likeness and for non-broadcast communications, are targeted to the relevant electorate, and total over $50,000 in a year.

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