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McCain's Matching Funds Problem: More Than Just the Bank Loan

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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 05:10 PM
Original message
McCain's Matching Funds Problem: More Than Just the Bank Loan
McCain's Matching Funds Problem: More Than Just the Bank Loan

by clammyc
Mon Feb 25th, 2008 at 08:34:55 AM EST


I haven’t seen this discussed much, but there is something that Matt Browner Hamlin pointed out earlier today that brings John McCain’s use of the public financing provisions to a whole new level (at least it would seem that way).

You see, McCain didn’t just “sort of pledge” it as collateral for a bank loan. He also used it to shortcut his way onto the Ohio ballot. So, to me (and I am just a dumb blogger), it would seem that either he is locked into the public financing or he can be ineligible for the Ohio republican primary and taken off the ballot. Now, since he pretty much has the nomination close to sewn up, it would seem to be smart politics to make himself ineligible for the Ohio primary. But the bigger picture here is the shenanigans that McCain is going through with respect to the matching funds in order to give himself either an advantage or stay in the race, and he is using campaign finance laws - the same laws that he claims to champion - in order to do so.

So much for his credibility, integrity and reputation as a “reformer”.

The background is laid out in a post by Brad Smith, who is only a former republican FEC Commissioner. A good portion of the post is the background on McCain opting in, then out, then in (sort of, so he says) again to the federal matching funds program. And while much of this focuses on the loans that McCain took out, there is a juicy nugget about how McCain used the FEC matching funds certification in order to automatically qualify for the Ohio ballot (emphasis mine):

Senator McCain used his FEC certification for at least one other purpose. Qualifying for the presidential primary ballot in Ohio is a complex process, requiring a candidate to gather over 100 signatures in each of the state’s 18 districts, using separate petitions for each county within the district, which must be filed with local election boards around the state. Additionally, the candidate must gather still more signatures statewide, all under some very complicated rules and local interpretations. Fred Thompson, Mitt Romney, Rudy Giuliani, and most of the presidential campaigns went through this process, at considerable time and expense. With a filing date of January 3, this was done by these campaigns at precisely the moment McCain was desperately borrowing to keep his campaign afloat, lacking money and resources to organize and gather signatures to be placed on the Ohio ballot.

But Ohio has an alternative means of getting on the ballot – you can simply present your FEC matching funds authorization to the Secretary of State, and go straight to the ballot, without petitioning. And this is what Senator McCain did. Does this amount to use of the matching funds certification locking Senator McCain into the system (not to mention a possible fraud on the state of Ohio)? Again, it is an interesting legal question to which I don’t know the answer, but it is not one that the McCain campaign – or more importantly, the FEC – can simply brush aside.


more...

http://www.boomantribune.com/story/2008/2/25/83455/8075
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 07:00 PM
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1. .
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 07:05 PM
Response to Original message
2. That's the standard "It's not crooked when WE do it" Repub mindset.
Crooks, schnooks, bullies and thugs....it's who they are.
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 07:29 PM
Response to Reply #2
3. But McCain conceivably won't get away with it. Then what happens?
Dems Push for FEC Probe of McCain
By Paul Kiel - February 25, 2008, 12:54PM

The Democratic National Committee filed a complaint (pdf) today with the FEC concerning Sen. John McCain's (R-AZ) campaign financing problem. So where do things stand then? Keep in mind this is an unprecedented situation, so it's not really clear where things will go next.

The main problem remains: FEC Chairman David Mason says that "a candidate enters into a binding contract with the Commission” when that candidate opts in to the public financing system, so McCain will just have to wait until the FEC is up and running again to be formally released (remember that a logjam in the Senate over four nominees for the FEC has tied its hands). To which McCain and his lawyers say phooey: It's a candidate's "constitutional right" to opt out.

Very soon, the McCain campaign, already spending its way past $50 million, will be in violation of the public campaign financing system's $54 million spending limit for the primary (that cap lasts through the party's convention). Barring a miracle in the Senate, the FEC will remain unable to act officially with only two commissioners.

The DNC's complaint adds another variable to the mix. After receiving the complaint and giving two weeks for a response from McCain's campaign, FEC staff will ultimately give a recommendation to the commissioners whether to initiate a formal investigation. But ... since the FEC doesn't have a quorum, i.e. the four commissioners needed to act, the FEC could not approve an investigation.

more...

http://tpmmuckraker.talkingpointsmemo.com/2008/02/dems_push_for_fec_probe_of_mcc.php
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Irishonly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 07:35 PM
Response to Original message
4. The MSM Should Be Covering This
They may be but I am taking a break from cable news other than Olbermann. You almost want to tell them to pretend McCain is a democrat so they will be all over the story.
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bluesmail Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 08:53 PM
Response to Reply #4
6. HA! Good one because it is so true.
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tbyg52 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-25-08 07:50 PM
Response to Original message
5. This is a huge story
The "straight talker" games the system. The silence is deafening....
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