Former House Speaker Newt Gingrich took on Federal election campaign finance reform yesterday and stated that the McCain-Feingold law, intended to restrict "soft money" in Congressional elections, has resulted in restricted First Amendment rights and more negative campaigning. McCain-Feingold and its amendments have indeed resulted in some bizarre situations. Here in California, Congressman Darrell Issa was the unfortunate target of a months long FEC administrative action because of his support for the recall of former Governor Gray Davis. The FEC objected to the Congressman’s fundraising effort to support collection of recall signatures. The FEC would have limited the Congressman’s ability to raise funds for a state effort by artificially imposing the "Federal" McCain-Feingold limits on his state election involvment. That case was ultimately dropped, but McCain-Feingold was the pretext, and the FEC hasn’t really completely clarified the rules going forward. The case illustrates that when a California Congressman gets involved in a state race, ballot proposition, or recall, he/she really doesn’t have the same First Amendment rights as the rest of us, under McCain-Feingold.
A portion of the Associated Press story reporting Gingrich’s comments appears below:
Gingrich calls for elimination of McCain-Feingold rules
Associated Press
MANCHESTER, N.H. – Former House Speaker Newt Gingrich said Monday that First Amendment rights need to be expanded and cited the elimination of McCain-Feingold campaign finance restrictions as one solution.
Gingrich, a Republican who represented a district in Georgia, suggested allowing people to give any amount to any candidate as long as the donation is reported online within 24 hours.
"Just as tax lawyers always succeed in out-thinking the (Internal Revenue Service) because they stay after five and the IRS goes home, the private-sector lawyers will always out-think the (Federal Election Commission) because they stay after five and the FEC goes home," Gingrich told about 400 people at the Nackey Scripps Loeb First Amendment Awards Honors dinner.
Passed in 2002, the campaign finance law known as McCain-Feingold banned unrestricted donations from labor, corporations and the wealthy to the political parties. Gingrich said the reforms have failed and only led to more negative campaign ads via e-mail, television, direct mail and phone calls.
His attack on campaign finance reforms comes as he and one of the bills author’s, Arizona Sen. John McCain, are eyed as potential 2008 GOP presidential candidates.
McCain has already formed a presidential exploratory committee while Gingrich says he will not make a decision until September…….