WASHINGTON, DC – SEPTEMBER 2, 2010 — Arent Fox counsel Brett Kappel was quoted in The Washington Post September 2 discussing a new Federal Election Commission rule that seeks to address the question of when is it illegal for an interest group to coordinate with a political candidate.

By a vote of 5 to 1, the FEC decided last week that any advertisements or other messages that contain the "functional equivalent of express advocacy" for or against a congressional candidate should be considered subject to federal campaign finance restrictions.

Some campaign finance reformers, however, say the rules don't go far enough and leave loopholes allowing broad coordination between candidates and outside groups that support them. The rules also appear to do little to clarify what kinds of cases might run afoul of the limits, almost ensuring further litigation.

Brett Kappel, a campaign finance lawyer at Arent Fox, notes that coordination cases are notoriously difficult to decide and that the FEC has prosecuted few over the years. He also said many candidates of both parties allege unlawful coordination as a way to harass their opponents and grab a few headlines before an election.

"The rules have been in flux ever since McCain-Feingold," Kappel said. "It's a really hard area to try and draw lines. I think they've made a good-faith effort to come up with a workable standard."

 

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http://www.washingtonpost.com/wp-dyn/content/article/2010/09/01/AR2010090106675.html