McCain forced to use Public financing for the Primary?

By straight shooter Posted in Comments (10) / Email this page » / Leave a comment »

Will McCain actually be forced to use public financing? What are the campaign's options, and is there a way to win if he actually has to go through with it? I doubt that McCain will be forced to take the public financing, but right now the situation looks tough. Sorry about not commenting much, but I dont know exactly what to make of this and am really looking for reactions and insight.

http://www.washingtonpost.com/wp-dyn/content/article/2008/02/21/AR200802...

....has there been any break in the stalemate over the FEC Commissioners? If not, then the FEC can't take any action as there aren't enough commissioners to convene a quorum. I don't understand where Mason's coming from - I can't see how they can "force" McCain to take the money. It would be fun to see the lawsuit in that.

Personally, I think the campaign would just send any checks from the FEC right back to them and spend whatever they want. If the FEC comes after him, the case will be interesting since he wouldn't really have accepted any funds. Of course, that assumes that the FEC ever winds up having any money in the Presidential Campaign Fund from whence the amounts are supposed to come (at least check they were running short - which is why they haven't actually sent any checks to date).

That's the controlling legal threshold in this case. Not whether public funds were received and then subsequently returned unspent.

Was the promise of public funds used to secure the line of credit that was opened on Sen. McCain's behalf?

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“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn't so.” – Ronald Reagan

received any funds period.
And the way I am reading the terms of his line of credit basically is that if he didn't make a good showing in the early Jan. primary/caucus states, then he would have to come up with collateral and federal funds could have been used to satisfy that. But some one else may be able to decipher that better than I have.

As we all know, given McCain's wins, this really should be a moot point, but it won't be now.

because I don't profess to be an expert in campaign finance law.

It's my understanding that any encumbrance of public funds would indicate the acceptance of public financing. McCain-Feingold insures that it is no longer a moot point.

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“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn't so.” – Ronald Reagan

And I think Brad did post something on this now that you mention it. I'll poke around a little bit.

The partisan press will not let this issue pass unchallenged if there is the potential to limit McCain's ability to spend campaign funds throughout the summer-months leading up to the Republican Convention in September.

The "promise" to use future public funding as collateral to secure the line of credit is an encumbrance.

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“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn't so.” – Ronald Reagan

I can't remember if he is a redhot contributor, but it may have been on redhot.
I'm also just going to google it.
Bennett is advising McCain and my guess is he will be able to sort through all the legal mumbo-jumbo.
Luckily, McCain has the nom. wrapped up.
If he has to take the federal funding though, we, as a party are going to need to organize some 527's to keep him front and center over the summer.

John McCain: Planning to Violate Campaign Finance Laws?

Although, encumbrance of public funds was not addressed in this particular post.

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“Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn't so.” – Ronald Reagan

that McCain would win a ruling from the full commission and could opt out of the system. However, it sounds like the current head (a republican) is saying he must stay in until he wins the ruling. But without a quorum, he cannot win any ruling from the FEC. I have no doubt McCain will just spend what he wants, but if the head of the FEC continues than it could end up looking bad for McCain.

 
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