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.