Federal Election Commission (FEC) Draft Opinion on American Future Fund Request To Over Rule State Robocall Laws; vote 1.24.10
NOTE: See comments below as well.
UPDATED BELOW
Shaun Dakin, CEO, The National Political Do Not Contact Registry.
A few months ago I learned that the American Future Fund, a right wing political action group, asked the Federal Election Commission to rule that the FEC could over ride all State laws regulating political robocalls. This meant that the few states that actually ban robocalls (all, including political) would see their ability to regulate political calls superseded by the FEC. Not a good thing for voters in states such as Indiana and Minnesota. These states ban all robocalls, unless preceded by a live person; In effect, banning all robocalls in practice. I quickly raised the alarm with the Attorney General’s of several states, including MN, NC, and IN and I submitted comments with Steve Carter, Attorney General of Indiana (Retired). AND.... It looks GOOD! Here is the current update (draft alternative opinions) ruling from the FEC. Bottom line?
Recorded political phone calls -- dinner-stoppers in many homes during election season -- can be curbed by Minnesota and other states, according to one draft of an opinion this week by the Federal Election Commission. But in another draft, the agency declined to issue an opinion, saying disputes over restrictions on automated calls should be left to the courts. The agency was reacting to a bid by the American Future Fund, a conservative group associated with Republican causes, to override portions of a 1987 Minnesota law that curb "robocalls." The group argued that the restrictions in Minnesota and other states infringe on federal laws overseeing campaign finance. The group is devoting much of its efforts to criticizing the health care proposals of President Obama and Democrats in Congress.
From the Star Tribune (MN) - http://www.startribune.com/politics/79955637.html?elr=KArksDyycyUtyycyUiD3aPc:_Yyc:aUU
UPDATE: (From someone closely involved with the FEC and the Federal Election Law) >
To be clear, the FEC has not ruled in this matter. There are currently two alternative draft opinions from the FEC’s Office of General Counsel, BUT . . . and this is a big BUT . . . the Commissioners haven’t voted on anything and, consequently, haven’t “ruled” on anything. The Commission will likely discuss the drafts and cast some votes on January 24. There may very well be another draft opinion produced between now and then.
Regards, Shaun Dakin
CEO
StopPoliticalCalls.org
http://www.stoppoliticalcalls.org/index.php
