Filing Suit, Again
The Democratic National Committee will file a complaint in U.S. District Court in Washington next week seeking to to compel the Federal Election Commission to investigate John McCain's decision to withdraw from the FEC's matching funds program, a move the DNC's legal folks believe violated campaign finance laws.
"In this case, Sen. McCain opted into the program, sought and received certification by the FEC to participate in the program, and then pulled out," DNC General Counsel Joe Sandler told reporters on a call this afternoon. "When a candidate enters the program, they enter a binding contract with the U.S. government, and only the FEC can let them out."
The DNC filed a complaint with the FEC in February requesting an investigation, but the commission doesn't have a quorum; four posts remain open on the six-member panel. The law indicates that if 120 days pass and the FEC doesn't issue a ruling, which in this case it can't, a party can file a complaint in District Court. The DNC already filed one complaint in U.S. District Court. Next week's marks the party's second attempt.
Sandler and the DNC are arguing that McCain shouldn't be released from the matching funds program because he used the funds as collateral for a loan. A candidate also can't be released if he or she has received matching funds.
McCain campaign officials have said the candidate made clear his intention to withdraw from the program.
The matching fund program levies a restriction -- $54M -- on how much a candidate can spend during the primary campaign, which extends until the convention. McCain has exceeded it.
Republican National Committee Chief Counsel Sean Cairncross said in a statement today that the DNC is filling a meritless lawsuit: “Having been thrown out of court just one month ago, the DNC now announces that it will once more file the same meritless lawsuit, again wasting judicial resources for its own political agenda. Once again, the DNC has neither the law nor the facts on their side.
"The controlling FEC regulation unequivocally states that the primary spending limits ‘shall not apply to a candidate who does not receive matching funds at any time during the matching funds period.’ (11 CFR § 9035.1(d)) No one claims the Campaign ever received a matching funds payment. To the contrary, it is a matter of public record that the U.S. Treasury never made any payments to the McCain campaign at any time during the primary. Notably, the controlling law is not mentioned in the DNC’s filings, or the fact that Sen. McCain’s voluntary withdrawal from the primary system followed the precedent set by previous Presidential candidates, including now-DNC Chair Howard Dean in the 2004 election.
“Unfortunately, the DNC’s attempt to mislead the press and public with meritless court filings is not unusual. We are confident that the district court will again throw out this frivolous court filing, and that the FEC will dismiss the DNC’s complaint.”
(JENNIFER SKALKA)