FEC Complaints Against DSCC Ads

The Hill reports that the Democratic Senatorial Campaign Committee (DSCC) is "trying their luck with a series of candidate ads that inhabit a gray area of the law, and observers say the approach could be a game-changer in the continuing battle over campaign finance reform." Campaign finance rules restrict the amount of money the DSCC can spend on coordinated efforts with a campaign, but the DSCC argues that since the ads do not ask the viewers to vote for the candidates, the law does not apply. Republicans however, argue that the ads are illegal and have filed Federal Election Commission (FEC) complaints. The DSCC's new Mississippi ad features Senate candidate and former Governor Ronnie Musgrove. The DSCC has also funded part of the Oregon Democratic Party's series of issue ads featuring Senator Gordon Smith's opponent, state Representative Jeff Merkley. The Hill notes; "Jennifer Duffy, a Senate race analyst at The Cook Political Report, and others say the legal question is an open one, election law expert Jan Baran said Democrats appear to have an airtight case, because candidates are allowed to participate in 'non-express advocacy' communications outside of 90 days before the general election." Others might say it is irrelevant if FEC complaints are made say, since the FEC is actually the "Failure-to-Enforce Commission." Because of the FEC's enforcement failures, some are advocating for the replacement of the FEC with a new body, the Federal Election Administration (FEA). Senators John McCain (R-AZ) and Russ Feingold (D-WI) have introduced the Federal Election Administration Act (S.478) and a companion measure in the House (HR 421) introduced by Representative Chris Shays (R-CT). For more information about this three member agency, click here.
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