DNC to File Complaint Against McCain Campaign for Ignoring FEC Law
February 24, 2008
The DNC announced today that it will file a complaint with the FEC against John McCain's campaign Monday, calling on the FEC to investigate whether the McCain campaign violated or is about to violate the law by ignoring the spending limit agreement and other conditions Senator McCain agreed to when he became eligible to receive federal matching funds. According to McCain's latest campaign filing, he has already spent $49.6 million and given that a month has passed, he has exceeded or is about to exceed the approximately $56.8 million spending limit.
"The crucial issue here is John McCain's integrity. John McCain poses as a reformer but seems to think reforms apply to everyone but him," said Democratic National Committee Chairman Howard Dean. "He used taxpayer money to guarantee a loan so he could raise money from lobbyists and special interests - it's the height of hypocrisy. This is just the latest example of his do as I say, not as I do double standard, and it's unlikely to be the last. McCain financially benefited from this legally binding contract - he got free ballot access, saving him millions of dollars, and he secured a $4 million line of credit to keep his campaign afloat by using public financing as collateral. He should follow the law."
The McCain campaign has incorrectly stated that McCain is doing what Dean did when he withdrew from public financing in his presidential bid, but they have the facts wrong. Dean did not use the promise of matching funds as collateral for a loan. As required, Dean obtained permission from the Commission to withdraw from matching funds before any funds were disbursed. Also, Dean spent resources to get his name on the ballot after withdrawing, unlike McCain who had free ballot access in some states because he pledged to accept matching funds.
In order to receive matching funds, John McCain signed a binding agreement with the FEC to accept spending limits and to abide by the conditions of receiving those funds. The FEC makes clear that any request to withdraw from the agreement must be granted by the FEC. In other words, McCain can't just unilaterally withdraw. FEC Chairman David Mason made this clear in a letter to McCain advising him that the law requires the FEC to approve his request to withdraw from his contract.
According to past Commission rulings, the McCain campaign would not be allowed to withdraw from matching funds because it has already violated a key condition for being let out of the program - pledging matching funds as collateral for a private loan. McCain obtained a $4 million line of credit -- drew $2,971,697 from it - and documents make clear that the promise of public financing was used to secure his loan.
In the complaint, the DNC says "the Commission should (1) find reason to believe, pursuant to 2 U.S.C. §437g(a)(2), that Senator John McCain and the McCain Campaign have committed, or are about to commit, a violation of Chapter 96 of Title 26 and of the Commission's rules, and should conduct an investigation; and (2) pursuant to 26 U.S.C. §9040(c), petition the appropriate U.S. District Court for injunctive relief to implement and enforce the provisions of Chapter 96 against Senator McCain and the McCain Campaign."
A copy of the DNC's complaint will be available Monday once it's filed.
