DNC to take McCain complaint to court

Democratic Party officials will file a suit in the U.S. District Court in Washington on Monday to compel the Federal Election Commission (FEC) to investigate whether Sen. John McCain (R-Ariz.) violated election laws by pulling out of a federal matching funds program.

{mosads}The Democratic National Committee (DNC) had previously filed a complaint with the FEC alleging that the McCain camp violated federal election rules by unilaterally withdrawing from the program. The DNC contends a campaign must first get permission from the FEC to back out but McCain officials have disputed that contention.

Because McCain has exceeded spending limits that are a condition of receiving federal matching funds, the campaign is “breaking the law every day,” DNC Executive Director Tom McMahon told reporters on Sunday.

Democratic officials allege that McCain used the promise of federal money to secure a $4 million loan when his cash-strapped campaign was struggling to raise money.

The case is complicated by the fact that a dispute between the two parties has left three seats on the five-member commission unfilled. There are not enough members for a quorum. If the FEC is unable to reach a quorum by the time the court reaches a decision, DNC officials said they would ask the court permission to bring their own suit against the McCain campaign.

Republican Party officials said the DNC suit has not merit. Alex Conant, a spokesman for the Republican National Committee, called it “another desperate attempt by (DNC Chairman) Howard Dean to distract from a divisive battle within their own party.”