The Federal Election Commission (“FEC”) just released two alternative draft advisory opinions for advisory opinion request 2010-03 submitted by the National Democratic Redistricting Trust (“NDRT”). NDRT submitted a request seeking confirmation that Congressional Democrats are permitted to raise soft money for the organization. NDRT will engage in redistricting activities including litigation. The request appears to be deficient since NDRT did not provide a copy of its organizational documents.
Draft A concludes that NDRT’s activities are not in connection with a federal election and, therefore, Congressional Democrats are permitted to raise soft money for the organization.
Draft B, on the other hand, concludes that NDRT’s activities are in connection with a federal election and that Congressional Democrats are permitted to raise only funds that comply with the contribution limits, source prohibitions, and reporting requirements under the Federal Election Campaign Act. See Draft B at 5. The reporting requirement is an interesting twist and is not consistent with Draft B’s earlier discussion of the soft money ban. If the FEC adopts Draft B, it will be interesting to see whether the reporting requirement survives the FEC hearing.