Tell The FEC To Enforce The Law

by Jason Rosenbaum :: Filed Under Elections 2008 :: March 26th, 2008 @ 12:30 pm EST

John McCain is breaking federal election law, and the FEC should hold him accountable for the violations.

You see, McCain has spent $58.4 million on his campaign so far, surpassing the $54 million limit for public financing. The AP says:

McCain has decided not to accept the public matching funds, but the FEC wants him to assure regulators that he did not use the promise of public money as collateral for the loan he obtained late last year. Bank and campaign lawyers have said McCain did not.

Well, it’s not that simple. Back when his campaign was on the rocks, McCain had decided he was going to use the public financing system, and you can’t just suddenly change your mind. McCain can ask to be removed from the system, but the FEC has to agree before he can spend more than $54 million.

Now, the FEC can’t vote on this issue, because it lacks a quorum. The four open seats waiting to be filled are locked up in a nomination battle:

For Democrats, the stakes are high for Hans von Spakovsky’s nomination to the Federal Election Commission. They say that a man who politicized the Justice Department and worked to disenfranchise voters has no place on the body regulating election issues. But the stakes for the fallout from his confirmation battle may be even higher.

Right now, the fight over von Spakovsky’s nomination is at a stalemate. Senate Republicans insist that if von Spakovsky isn’t confirmed, then none of the other three nominees to the Federal Elections Commission will get a vote. But a select group of Senate Democrats, led by Sens. Barack Obama (D-IL) and Russ Feingold (D-WI), say that they’ll prevent any vote on von Spakovsky if his nomination is tied to the other nominees. For now, neither side is budging.

So, the FEC can’t decide if McCain can opt out of public financing, which means for now, he’s still in the system - which means he can’t spend more than $54 million, a figure he’s already surpassed.

John McCain is breaking election law.

On top of that, even if the FEC were able to vote on this issue, it is unlikely McCain would be able to opt out anyway:

As The Washington Post reported on Saturday, John McCain’s campaign struck a canny deal with a bank in December. If his campaign tanked, public funds would be there to bail him out. But if he emerged as the nominee, there’d be no need for public financing, since the contributions would come flowing.

John McCain used his public financing to underwrite a loan. Which means he’s already benefited from the money and therefore can’t opt out.

McCain - who’s name is synonymous with campaign finance reform - is breaking the very laws he championed and helped write for years. In his quest for power, he’s stomped on every principle he once held dear. John McCain is not a maverick - he’s another politician who’ll stop at nothing to win, and he’s a criminal too!

Jane Hamsher at Firedoglake has joined with numerous other bloggers and activists (myself included) to deliver a formal complaint to the FEC. We are asking that others sign onto this letter as well.

Take a moment and sign the complaint. John McCain should be forced to play by the rules he wrote.