McCain Breaks Law...That He Wrote

Tomorrow morning the Democratic National Committee will file a complaint with the Federal Elections Commission against John McCain. Why? In the words of DNC Chair Howard Dean:

We want John McCain to obey the law with his own name on it.

This afternoon Dean and officials at the DNC held a conference call in which they spelled out why they will file a complaint with the FEC against McCain. The background is that in December and January, McCain was broke and had to tap in to a massive amount of lobbyist money to keep his campaign afloat. Doing so put him in danger of exceeding the spending limits attached to participation in the federal matching funds program, in which an eligible candidate can receive monies voluntarily contributed by taxpayers to match low-donor campaign contributions in exchange for abiding by spending limits.

Hillary Clinton, Barack Obama, Mitt Romney and Rudy Giuliani had opted out of the federal matching funds program. John Edwards and several other candidate had opted in, but since there was insufficient money in the fund, they had to secure a loan against the money they were certified to receive.

McCain publicly declared that he would accept the matching funds (and therefore abide by the spending limits). But since he was broke, he had to go to a bank and secure a loan under dubious conditions. Since he appears to have secured the loan by using his eligibility to accept the federal matching funds, it seems fairly clear that he is committed to the federal matching funds system.

The DNC's complaint will allege the following. Fist, that McCain used his status as a candidate operating under the federal matching fund program to gain access on state ballots without having to spend any money to submit signatures. From the DNC's press release:

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. Dean withdrew before the FEC determined eligibility for funds, unlike McCain. And he spent millions of dollars to get his name on the ballot after withdrawing, unlike McCain, who had free ballot access in many states because he pledged to accept matching funds.

That is a material gain from pledging to accept the matching funds. Another material gain from pledging to accept the matching funds is the ability to use his eligibility as collateral, which he did to secure his loan.

Finally, by receiving these material benefits from his pledge to enter the matching funds system, he is bound to abide by the spending limits. The matching funds program requires one to spend no more than approximately $57 million dollars for the entire campaign up until he officially becomes the nominee in September. Through January, he had already spent over $46 million.

If you follow the implications, since he entered the federal matching funds program, John McCain is now essentially at the spending limit, and is legally prohibited from spending any more money until September. To spend more money would be to break federal law.

That law, by the way, is sometimes named after its Senate sponsors: McCain-Feingold.

Original here