FEC: Dems can set up fund for Senate dispute, not sure whether Franken can

The Federal Election Commission (FEC) decided Thursday that a Democratic Party group can set up a special fundraising account to benefit Al Franken in his election dispute with Norm Coleman. But the FEC had no opinion on whether Franken’s campaign may also establish an account for the current election-contest phase.

The ruling took the form of an advisory opinion that sets a precedent for others interested in setting up the same sorts of accounts — such as, say, the Republican Party and former U.S. Sen. Coleman. Indeed, three Republican groups told the FEC they wanted to know the same thing.

Last week, the commission released three draft opinions, each with a different combination of approvals and disapprovals for Franken and the Democratic Senatorial Campaign Committee (DSCC). At today’s five-hour meeting, the commission considered two additional alternatives, including one generated by a member of the commission.

Today’s ruling gives a green light to the DSCC to raise money for Franken’s cause independent of earlier donation limits.

An FEC spokesperson said the “no opinion” on Franken’s question essentially meant “We don’t know” or “We can’t decide.” That leaves the campaigns of both Franken and Coleman on their own as they try to determine what federal election law says about the highly unusual situation that both find themselves in — an undecided contest for U.S. Senate, still undecided more than four months after Election Day.