Soft money redistricting loophole opened by FEC

The Federal Election Commission granted the National Democratic Redistricting Trust permission to allow federal candidates and officeholders may solicit soft money to finance redistricting litigation because they are not “in connection with” elections.

Federal law prohibits federal candidates and officholders from soliciting,  receiving, directing, transferring, or spending money connected to an election for Federal office. The same goes for non-Federal elections,  unless the funds are subject to the limitations, prhibitions and reporting requirements of the Federal Election Campaign Act of 1971 or are consistent with the Act’s contribution limits and source restrictions.

According to The Campaign Legal Center, three of the six Commissioners (Bauerly, Weintraub, Walther) previously refused to grant the requested permission for federal candidate and officeholder soft money fundraising, but requested from the Trust a week extension to try to work out a compromise. And last year the FEC argued to the U.S. District Court that redistricting efforts always affect federal elections.

To read the comments on AOR 2010-03, click here.

To read the Advisory Opinion, click here.