WASHINGTON (CN) – The Democratic National Committee demands that the Federal Election Commission act on its own complaint that Sen. John McCain and his principal campaign committee violated federal election laws. The DNC claims McCain signed an agreement with the FEC to abide by campaign spending limits only long enough to get a bank loan secured by the promise of matching funds, then renounced his agreement with the FEC.
The DNC claims McCain made, and broke, the agreement with the FEC to get the money to carry him through the Republican primary campaign. It claims, “The Chairman of the FEC has already advised Senator McCain that he is not free to withdraw unilaterally from his agreement with the FEC and to ignore the legal requirements of the Matching Payment Act, without the FEC’s approval. Yet, Senator McCain cannot obtain such approval, because he has already violated a key condition for dispensing with the agreement by which he entered the matching funds program: he has pledged matching funds as collateral for a loan to his campaign.”
The DNC says the FEC filed an administrative complaint against McCain and his campaign on Feb. 25, but that McCain and his campaign “have continued and are likely to continue violating the agreement to limit campaign spending in conformance of the Matching Payment Act.”
The terms of four FEC commissioners expired in January, leaving only two commissioners on the FEC. At least four commissioners must agree for the SEC to take action. Thus the FEC cannot act on its own complaint, the DNC says. It wants the court to order the FEC to act. (The Senate on Tuesday confirmed five appointees to the commission, clearing that roadblock.)
The DNC is represented by Joseph Sandler with Sandler, Reif & Young.