DNC sues FEC over McCain’s campaign expenditures

Hope Yen of the Associated Press writes that the Democratic National Committee is filing a lawsuit against the Federal Election Commission  today. According to Yen, the litigation “questions the agency’s ability to enforce the law and review McCain’s decision to opt out of the system. The Republican presidential candidate, who had been entitled to $5.8 million in federal funds for the primary campaign, decided earlier this year to give up that money so he could avoid strict spending limits between now and the GOP’s national convention in September…. DNC officials said the FEC is unable to act because four of its six seats are vacant. They want a judge to either order the FEC to begin an immediate review, or allow the Democratic Party to file a lawsuit against McCain’s campaign challenging his decision.”

Below the jump, more about McCain’s FEC troubles.

Continued: Click “Read More”Backstory:

Washington Post, 2/21/08:

“McCain’s attempts to build up his campaign coffers before a general election contest appeared to be threatened by the stern warning yesterday from Federal Election Commission Chairman David M. Mason, a Republican. Mason notified McCain that the commission had not granted his Feb. 6 request to withdraw from the presidential public financing system.

“The implications of that could be dramatic. Last year, when McCain’s campaign was starved for cash, he applied to join the financing system to gain access to millions of dollars in federal matching money. He was also permitted to use his FEC certification to bypass the time-consuming process of gathering signatures to get his name on the ballot in several states, including Ohio.”

Associated Press, 3/20/08: 

“McCain has now spent $58.4 million in his primary bid, surpassing the $50 million limit he would have faced if he participated in the public financing system he had been certified to join. McCain has decided not to accept the public matching funds, but the FEC wants him to assure regulators that he did not use the promise of public money as collateral for a $4 million loan.

“McCain and his lawyers said the loan was secured with other collateral, thus freeing him to spend as much money as he wishes on his primary campaign. The Democratic National Committee has filed a complaint with the FEC arguing McCain cannot withdraw from the public finance system without FEC approval.”