The Federal Election Commission yesterday carved out a broad exemption for religious and charitable groups from the electioneering provisions of the McCain-Feingold campaign finance bill.
The move was sought by activist groups on the left and right but opposed by reform advocates, who cite the highly political activities of some churches and of such organizations as the Christian Coalition.
By a vote of 4 to 2, the FEC adopted rules governing the most controversial section of the new law, a ban on the use of soft money -- large donations from corporations, unions and the wealthy -- to finance radio and television ads that "promote, attack, support or oppose" candidates for federal office 30 days before a primary and 60 days before a general election.
Advocates and critics contend that this section will be closely scrutinized by the Supreme Court, and agree that the advertising provisions are potentially vulnerable to legal challenges based on alleged violations of free speech.
Supporters say the ban, which prohibits soft money ads during these periods that refer by name, nickname or such references as "the incumbent" or "your congressman," is essential. They say it will prevent special interests, in an effort to be exempt from federal regulations, from running commercials cloaked as "issue ads."
Critics counter that the ad ban violates the First Amendment by preventing legitimate groups from using television during the 30- and 60-day windows to lobby federal officials to vote for or against legislation.
The panel, in another 4 to 2 vote, approved a full exemption from the restrictions for groups, including charities, that qualify under provisions of the IRS law known as 501c3. As long as the group retains its 501c3 status, it is immune from FEC challenge of its activities.
Scott E. Thomas, one of the two Democrats on the six-member panel who voted against the exemption and against the full package of electioneering regulations, said the FEC "is in a better position than the IRS to monitor" campaign violations by churches and charitable groups. In another vote, the three Republican board members blocked efforts to provide an exemption for lobbying candidates. The voting pattern reversed the usual stands of the two parties -- the GOP in favor of less restrictive regulations and the Democrats in support of tough rules.
Thomas, who is probably the commission's strongest supporter of McCain-Feingold, pressed for a lobbying exemption that would allow organizations to use the names of federal candidates only in "urging the public" to contact the official "to take a particular stand on" pending legislation, and the ad could not refer to the candidate's political party, past record or make any reference "to the candidate's character, qualifications or fitness."
Thomas was aiming to make the legislation more palatable to the Supreme Court, which stressed the importance of free speech rights, including the right to lobby.
"We are not going to indulge the Democrats," said one Republican source on the commission, after joining two of his colleagues to defeat the Thomas amendment in a 3-3 tie vote.