A Wisconsin Web site has joined the ongoing debate about the role of the Internet in elections.

Wisconsin Right to Life, a nonprofit organization, was admonished by the Federal Elections Commission this month for posting a photo of President Bush on its home page during the election season last fall.

"They considered the photo itself just being there was an endorsement," said Barbara Lyons, executive director of Wisconsin Right to Life.

The FEC found that Wisconsin Right to Life had violated provisions of the Federal Election Campaign Act of 1971. The FEC sanctioned Wisconsin Right to Life for its posting, and no fine was issued.

The photo provided a link to candidates (including Bush) that the political organization had endorsed, Lyons said.

The decision of the FEC invoked campaign laws stating that a corporation cannot spend money to endorse candidates to the general public, according to Lyons.

"That's why it's a rather bizarre admonishment, even because there was no expenditure of funds," Lyons said.

The organization was using corporate facilities in this case by having a photo posted on the Web site, according to Ian Stirton, spokesman for the FEC.

The FEC investigated the matter after the Campaign Legal Center filed a complaint with the FEC on Aug. 24. According to Lyons, the photo had been posted on the Web site for two to four weeks when the complaint was filed.

The Campaign Legal Center was doing research for another case for the FEC, in which the Wisconsin Right to Life group had filed a lawsuit against the FEC saying certain restrictions were denying their first amendment rights, when they found the endorsement, according to Gerry Hebert, director of litigation for the Campaign Legal Center.

"Showing a picture of a candidate and endorsing that candidate is illegal when done by a corporation," Hebert said.

The group objected to the fact that the photo endorsement was open to the general public and that it was within a month of the Republican National Convention, Lyons said.

The FEC has been examining the role of the Internet in elections for some time, Stirton said. There was an initial notice of Internet decision-making in 2001 and a hearing on the matter in February 2002.

Lyons said her understanding was the Internet was fairly unregulated.

Stirton said the Internet is regulated, but the FEC is still figuring out the degree to which they should watch online election activity.

"In this case, the issue was the use of corporate money," Stirton said. "Corporate contributions are not permitted in federal elections."

"What probably will happen is, based on this case, our national attorney will issue guidelines on what to do and what not to do to our state organizations," Lyons said.

The group will be more cautious in the future, Lyons said.

Hebert said the Campaign Legal Center will make a decision within the next month about whether or not they will press charges against the FEC over the decision.

"We are contemplating legal action against the FEC for failing to take sufficient action in this case," Hebert said.

The FEC will consider the place of the Internet in elections as part of its discussion on coordinated communications in the next month or so, according to Stirton.

This article appeared in The Marquette Tribune on Mar. 3 2005.