Sierra Club to pay fine for issue advocacy slate cards
In a decision that has dark implications for all advocacy groups that distribute information about Congressional votes to the public, last week the Federal Election Commission voted in favor of an enforcement action resulting in a $28,000 fine to the Sierra Club, to settle charges regarding a voter guide distributed in Florida in 2004 by the Club. The voter guide purported to inform the public of the comparative environmental records of President Bushand Senator John Kerry in the Presidential race, and also the candidates for U.S. Senate in Florida.
The voter guide predictablywas slantedin favor of Kerry, but it stuck to specific Congressional legislation and the actual position of the candidates on such legislation. It did not contain the traditional words of "express advocacy" as defined by the historic Buckley v. Valeo case, such as "vote for," "vote against," or "support," which generally mark the difference between acceptable "issue advocacy," and regulated "express advocacy" during a campaign. Instead, the voter guides reported on the issues, depicted natural scenes, and then… Read More