Today a coalition of groups filed with the Federal Election Commission a request for a Petition for Rulemaking, seeking an exemption for certain grassroots lobbying communications from the pre-election "electioneering communication" prohibitions of McCain-Feingold.  The U.S. Chamber of Commerce, the Alliance for Justice, the AFL-CIO, OMB Watch and the National Education Association joined in the Petition. 

      The Petition notes recent legal developments, such as the Supreme Court's unanimous decision in WRTL v. FEC, affirming the constitutional protections afforded grassroots lobbying and specifically noting the FEC's regulatory authority to clarify these protections by rule.  Also set out in the Petition are proposed principles appropriate to the structure of any such rule:

1. The "clearly identified federal candidate" is an incumbent public officeholder;

2. The communication exclusively discusses a particular current legislative or executive branch matter;

3. The communication either (a) calls upon the candidate to take a particular position or action with respect to the matter in his or her incumbent capacity, or (b) calls upon the general public to contact the candidate and urge the candidate to do so;

4. If the communication discusses the candidate’s position or record on the matter, it does so only by quoting the candidate’s own public statements or reciting the candidate’s official action, such as a vote, on the matter;

5. The communication does not refer to an election, the candidate’s candidacy, or a political party; and

6. The communication does not refer to the candidate’s character, qualifications or fitness for office.

      Under its rules, the Commission will publish a Notice of Availability, inviting comment from the public.  The Petitioners are seeking an expedited comment period, followed by Commission action to issue a Notice of Proposed Rulemaking.

Bob Bauer