“People who have more money should be free to buy more cars, more homes, more vacations, and more gizmos than the rest of us. They should not be able to buy more democracy." -Bill Moyers  
 
   
 
 

For Immediate Release: March 20, 2006
Contact: Ned Wigglesworth

New FEC Rules Impact McCain/Schwarzenegger Fundraiser

The Federal Elections Commission adopted a revised and expanded definition of "solicit" last week, affecting the scope of permissible behavior by Senator John McCain at today's Beverly Hills fundraiser for Governor Schwarzenegger, according to nonpartisan watchdog TheRestofUs.org.

The FEC expanded its definition of "solicit" to mean "ask, request, or recommend, explicitly or implicitly," (emphasis added) that a person make a political contribution under the Bipartisan Campaign Reform Act, commonly known as McCain-Feingold after its principal authors. The FEC's original definition of "solicit" - "ask" - was one of several 15 regulations stricken by a federal court who found them so inconsistent with the purposes of the BCRA as to "fly in the face" of those purposes.

"Actions can speak louder than words," said Derek Cressman, director of TheRestofUs.org. "The invitations might say that Senator McCain isn't soliciting soft money for Governor Schwarzenegger, but his presence as the governor's featured guest at a $100,000-a-plate fundraiser might say otherwise to donors."

Senator McCain is the scheduled featured guest at the fundraiser for Governor Schwarzenegger and the California Republican Party. Platinum donors - those who contribute at least $100,000 combined to Governor Schwarzenegger and the California Republican Party - receive myriad perks, including photos with the governor, seats at the governors table, and a dozen tickets to the reception.

Republican spokesman Rob Stutzman has stated that the Governor will attempt to raise $60 million for his election campaign and $60 million for the California Republican Party this year. Several years ago, McCain described then-Governor Gray Davis's attempts to raise $26 million "disgraceful".

Federal law prohibits federal officeholders and candidates from soliciting contributions for other candidates and parties above the federal limits: $2,100 per election for candidates and $5,000 per year for PACs. These limits notwithstanding, another provision of the law explicitly allows federal officeholders and candidates to appear and be featured at fundraisers at which contributions above the federal limits are being solicited.

While McCain's name and the requisite contribution amount for each category of donor are prominent at the top of the invitations, the disclaimer stating that McCain is not soliciting contributions above the federal limits is in smaller italic script at the bottom of the invite, just underneath two paragraphs of tiny boilerplate fundraising language related to California campaign finance law. The McCain disclaimer does not state what those limits are.

"We do not ask Senator McCain to stand down from fundraising for his fellow Republicans, but without a vocal and prominent effort to persuade Governor Schwarzenegger to embrace strong campaign finance reform, the senator's presence at this fundraiser could easily be construed as tacit embrace of that which he has fought diligently to exclude from federal elections - the corrupting influence of large soft money donations on democracy," said Ned Wigglesworth, analyst for TheRestofUs.org.

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TheRestofUs.org is a nonpartisan campaign watchdog.






 

FEC definition of "solicit"

The Invitation