08.06.2004

Former F.E.C. Enforcement Chief: Pull Emily's List Ads

Recently discovered near-identical photos from commercials produced by the Betty Castor campaign and EMILY’s List has prompted former F.E.C. enforcement chief Ken Gross to call for Florida television stations to immediately pull or reject advertisements recently placed by the independent expenditure group.

This is the latest and most extreme example of coordination between the two camps - a clear violation of election law.

Said Gross: “It is inconceivable that these ads were created independently of each other. Even if EMILY’s List paid the Castor campaign for the footage, that in and of itself shows coordination because the campaign could not have provided the footage to Emily's List without it constituting a specific authorization of its use. In addition, there is a complaint pending before the Federal Election Commission charging several additional grounds of coordination between EMILY’s List and the Castor campaign… As a consequence of all these factors which constitute coordination, it is readily apparent that the Castor campaign authorized Emily's List to use the ads they are running."

Moreover, the EMILY’s List disclaimer falsely asserts that the Castor campaign did not authorize the ads. This, alone, is in non-compliance of current law and FCC regulations, as cited by Mr. Gross.

Broadcasters around the state were notified by Mr. Gross this Friday. Mr. Gross, the leading authority on enforcement issues nationally, will personally pursue this matter with stations of immediate relevance.

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