WASHINGTON — Democratic Party officials want a federal judge to order an investigation into whether Sen. John McCain violated election laws by withdrawing from public financing, saying federal regulators are too weak to act on their own.
A lawsuit against the Federal Election Commission, to be filed today in U.S. District Court, questions the agency’s ability to enforce the law and review McCain’s decision to opt out of the system. The Republican presidential candidate, who had been entitled to $5.8 million in federal funds for the primary campaign, decided this year to give up that money so he could avoid strict spending limits between now and the GOP’s national convention in September.
During a conference call with reporters Sunday, DNC officials said the FEC is unable to act because four of its six seats are vacant. They want a judge to either order the FEC to begin an immediate review, or allow the Democratic Party to file a lawsuit against McCain’s campaign challenging his decision.
Part of the dispute centers on a $4 million loan McCain obtained late last year. The loan was not directly secured by his potential access to public funds. But his agreement with the bank required him to reapply for public funds if he lost early primary contests and to use that money as collateral.
FEC Chairman David Mason has said McCain can only withdraw from public financing if he answers questions about the loan and gets the agency’s permission. But the FEC has no quorum.
