The Federal Election Commission (“FEC”) just announced that it is seeking comments from the regulated community regarding alternate draft policies on the state party volunteer materials exemption. Comments are due no later than 5 p.m. on April 13, 2010.
The FEC has released a number of enforcement actions on this issue during the last twelve months. The actions were filed against Democratic and Republican state party committees alleging that the parties’ volunteer materials did not fall within the exemption and that the costs of the materials and activities constituted contributions to the federal candidates referenced in the materials. This is an important issue heading into the 2010 midterm elections that needs to be resolved so that the state parties have clear notice concerning the regulatory boundaries of these activities.