McCain and the FEC

This is over at Big Lizards, under the heading of "Democrats Try to Sue Their Way Into the White House. Again."

It seems McCain applied for public financing so he could stay in the primary race.

He didn't actually accept any public money, but he was able to borrow money with the assurance that he could cover any loans using public funds.

Furthermore, he never actually touched the money in that loan, because his own fundraising started to pick up.

But he could have. That money was available, even though he never spent it.

Now the question is, does this count as "using" public funds?

If it does, then McCain is now limited (under the McCain-Feingold-Incumbent-Protection-and-Billionaire-Enfranchisement-Act) to spending $50 million during the primaries, and he's close to that limit already.

And that means that Obama (or Clinton) can campaign against McCain without limit, but McCain's hands are tied.

McCain needs a ruling from the FEC.

Here's where the story gets really interesting:

McCain is in a bit of a bind; he needs a ruling from the Federal Elections Commission, saying that, like Dean, McCain did not actually "accept" public funding, thus isn't trapped in the spending limits. But the FEC can't vote, because it only has two of its six seats filled, which is two commissioners short of a quorum.

And why are they short handed? Because one Democratic senator is blocking the GOP appointment to the FEC (they must be appointed in pairs, one Democrat and one Republican, so no party has an advantage). Until that senator lifts his hold, the FEC will remain unable to hold a vote or issue the opinion McCain needs.

The senator who put the hold on the Bush nominee is (wait for it) Barack H. Obama... the very candidate poised to benefit most from this quagmire.

The Democrats have filed suit to have the FEC act, but of course until they have a quorum...

Dafydd, at Big Lizards, has his own advice for McCain:

Tell the FEC to FO. McCain should ignore the FEC and raise and spend as much as he needs, without regard to the primary spending limits for those joining the federal campaign-finance system. If the FEC threatens him, laugh in their faces. What are they going to do, vote to fine him? They can't vote to impose a penalty -- they don't have a quorum! Remember? That's what started this whole nonsense.

....

So come on, Sen. McCain; forget about your own shameful involvement in unconstitutional (no matter what the Supreme Court said) restrictions on free elections. Just rise up off your duff and loudly proclaim, for all to hear, that no matter what anyone says, you will continue to campaign vigorously, fundraise prodigiously, and spend freely.

It's already one of the most interesting campaigns we've had to date. What's one more bombard?