I think they filed on him months ago, about changing his mind on public funds but the problem is that there was a vacancy on the quorum and Bush will only nominate someone that won't get confirmed. I don't remember the exact details and I really, really have to get some sleep.
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Okay... here:
http://tpmmuckraker.talkingpointsmemo.com/2008/02/mccains_fec_problem.phpMcCain's FEC Problem
By Paul Kiel - February 22, 2008, 1:17PM
We noted this yesterday. But The Washington Post does a good job today in sizing up the situation and its possible mammoth consequences for McCain's campaign.
There are really two completely separate issues here.
First, McCain opted in to the public finance system for the primaries last year. It meant that his struggling campaign would get $5.8 million in public matching funds in March. Now that he's effectively the Republican nominee, he wants out, because the system entails a spending limit of $54 million through the end of August. He's almost spent that much already, according to the Post.
So the McCain campaign sent the Federal Election Commission a letter (pdf) earlier this month saying that he was opting out. But there's a problem. And FEC Chairman David Mason, a Republican, made it plain in his letter (pdf) yesterday: McCain can't tell the FEC that he's out of the system. He can only ask.
And the FEC, which normally has six commissioners, can't give him an answer until it has a quorum of four commissioners. It currently only has two. That's because the Senate has been deadlocked over four nominees; Democrats insist on a separate confirmation vote for vote-suppression guru Hans von Spakovsky, and Republicans insist on a single vote for all nominees.
http://www.reuters.com/article/pressRelease/idUS245777+27-Feb-2008+PRN20080227McCain FEC Deception Continues: New Documents Reveal Campaign Misleads on Kentucky...
Wed Feb 27, 2008 3:28pm EST
McCain FEC Deception Continues: New Documents Reveal Campaign Misleads on
Kentucky Ballot Application
WASHINGTON, Feb. 27 /PRNewswire-USNewswire/ --
<snip>
Since the DNC filed its complaint with the FEC on Monday, the McCain campaign
has tried to mislead the public by claiming they were withdrawing from the
matching funds program in the same way the Dean campaign did in 2003. In fact,
unlike McCain, the Dean campaign received FEC approval for withdrawing from
the system. McCain's campaign has also refused to admit that the FEC's
approval of his application for matching funds helped the campaign secure a
private loan and get on the ballot in some states, even though their ballot
applications clearly demonstrate that qualifying for matching funds helped
them avoid signature collection requirements in Ohio and Delaware.
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