Sandler Submits Comments on FEC Advisory Opinion

Joseph Sandler filed comments yesterday with the Federal Elections Commission in response to a draft advisory opinion posted on the Commission’s website that would override restrictions on political “robocalls” of more than a dozen states. In so doing, it would grant a request by the political action committee of a conservative group called the American Future Fund.

Writes Kenneth P. Doyle in the BNA Money & Politics Report, “A new comment letter filed Jan. 8 by prominent Democratic and Republican election lawyers, supported the American Future Fund’s position on the advisory opinion. The comments were submitted on behalf of the American Association of Political Consultants in a nine-page letter signed by William McGinley and Joseph Sandler. McGinley of the firm Patton Boggs, represents Republican candidates and political committees, while Sandler of the firm Sandler Reiff & Young, represents Democrats.

Their letter urged the FEC commissioners to reject the conclusions of its initial draft advisory opinion and to issue an opinion “holding that state laws effectively prohibiting the use of pre-recorded telephone calls in federal elections—including those state laws requiring that prior consent be obtained by a live operator—are preempted” by federal campaign finance laws.”

The Federal Elections Commission is set to decide this matter on January 14 in a meeting of the commissioners.