Democrats file complaint about ads against Daschle

Rapid City (S.D.) Journal ^ | May 15, 2003 | Denise Ross

[fightinJAG]

Democrats file complaint about ads against Daschle By Denise Ross, Journal Staff Writer

WASHINGTON — Television ads that take Sen. Tom Daschle, D-S.D., to task for opposing President Bush's tax-cut package break the new federal campaign-finance laws, Democratic leaders believe.

The Democratic Senatorial Campaign Committee filed a formal complaint against ad sponsor Club for Growth with the Federal Election Commission this week. The DSCC contends that Club for Growth uses unrestricted soft money to campaign against an individual candidate, something a new federal law says can be done only with limited hard money.

"There can be no doubt that the ad in question does precisely that which is prohibited," wrote DSCC general counsel Robert Bauer to the FEC.

Club for Growth executive director David Keating called that position "ridiculous" and said the ads do not violate the law.

"They don't seem to know the law over there. They know the law so poorly, they filed a complaint," Keating said. "This is a free country. You're allowed to criticize public officials."

The ads and the FEC complaint are an early salvo in South Dakota's 2004 U.S. Senate campaign, an election that so far has a single candidate — Senate Minority Leader Tom Daschle.

This confrontation follows last month's fracas over a proposed TV ad campaign that included plans to use down-home "Hee Haw" style humor to underscore Daschle's opposition to the president on certain issues. After news reports of its plans, the Sioux Falls-based Rushmore Policy Council shelved the ad campaign.

With questions over the legality of both the Rushmore Policy Council's plans and this week's complaint to the FEC, South Dakota is shaping up to be the epicenter of early clashes over the new McCain-Feingold campaign-finance reform laws.

The Club for Growth ads began running in eastern South Dakota on Monday and link Bush's tax-cut proposal with those of Presidents Kennedy and Reagan, both of which preceded job growth.

"President Bush knows tax cuts create jobs, and that helps balance the budget," the ad announcer says. "But Sen. Tom Daschle opposes the president. Tell Tom Daschle to support the Kennedy-Reagan-Bush tax policy that will bring jobs back to South Dakota."

The DSCC and Club for Growth disagree on whether paying for the ads with soft money amounts to a violation of the law.

"The judge's ruling said genuine issue ads are permitted," Club for Growth's Keating said. "It's not really clear what he meant or where the line is. But I don't think we've come close to the line."

The DSCC's Bauer said that not only does the new law specifically aim to end the use of soft money, given by unnamed donors, to buy "issue" advertising, but judges held up Club for Growth "as exhibit No. 1" as an offender in this area.

"The Club for Growth was the subject of an enormous amount of commentary in recent court decisions. The judge identified it as exactly what it is," Bauer said. "The Club for Growth went off in the wake of and in the face of that decision and did exactly what the court says is prohibited."

Bauer said that because Club for Growth's stated aim is the election or defeat of candidates, it is bound by the same rules as candidates themselves.

"No one would quarrel with the club if it paid for these ads with hard money raised and disclosed like any other political committee," he wrote to the FEC.

The club should register as a political committee with the FEC, Bauer said. The fiscally conservative group is currently registered as a "527" political organization with the Internal Revenue Service.

Keating said the issue centers on the free-speech guarantee in the First Amendment.

"Apparently, their view is, ‘We're public officials. You can't mention our names in broadcast ads.' That's ridiculous," he said. "It comes with the territory. You're an elected official, and people should be able to criticize."

The FEC review process is lengthy, and the matter could be decided by the courts before the FEC weighs in.

Commercials similar to those that target Daschle are running in Ohio, targeting Republican Sen. George Voinovich, who is also up for re-election next year; in Maine, against Republican Sen. Olympia Snowe; and against Democratic Sen. Ben Nelson of Nebraska, according to The Associated Press.

On Monday, Club for Growth president Stephen Moore told the AP that the group believes those three senators can be convinced to vote for Bush's tax proposal, and the South Dakota ads aim to underscore Daschle's stance in a state where the group believes President Bush's agenda is popular.

In a lengthy May 2 ruling, a federal three-judge panel struck down one broad ban on election-time political ads but upheld fallback rules that prohibit many groups, including those financed with corporate or union money, from airing ads that promote, support, attack or oppose a candidate.

The U.S. Supreme Court is expected to review the new campaign-finance laws before the 2004 election.

Contact Denise Ross at 394-8438 or denise.ross@rapidcityjournal.com

[kevkrom]

Bauer is playing right into the Club for Growth's hands. By challenging the ad, it gives CFG the chance to fight McCain-Feingold in court. Getting that blatantly unconstitutional bill tossed or severly weakened now will give the GOP a big advantage in 2004.

[The Wizard]

sounds like old tommy can't take what he dishs out....keep up the ads

[nicmarlo]

Daschole (via "Democratic Senatorial Campaign Committee") thinks being criticized violates a law, ping. (Thanks dansangel, for the ping.)

Television ads that take Sen. Tom Daschle, D-S.D., to task for opposing President Bush's tax-cut package break the new federal campaign-finance laws, Democratic leaders believe....

Club for Growth executive director David Keating called that position "ridiculous" and said the ads do not violate the law. "They don't seem to know the law over there. They know the law so poorly, they filed a complaint," Keating said. "This is a free country. You're allowed to criticize public officials."

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(Please Freepmail me if you want on/off Daschle ping.)

[Budge]

They don't seem to know the law over there.

Which is exactly why these marxists pigs want to subvert the Constitution and all law!

[nicmarlo]

Agreed!!

[MeekOneGOP]

[MeekOneGOP]

[RooRoobird14]

LOL!! The Club For Growth must have put out a pretty good ad.

Leave it to the RATS to whine and scream "Teacher! Teacher! No Fair!!!" when they're losing at kickball. The RAT leadership is filled with crybaby no-b@lls sissy boys.

[nicmarlo]

Perfect for this thread (and I just think that is the most hysterical pic!!)! Morning, meekie!

[Tumbleweed_Connection]

I like Bush's approach, allow them to make fools of themselves.

As far as people like Snowe are concerned, why spend money them that could actually buy tax cuts...?

[nicmarlo]

I like Bush's approach, allow them to make fools of themselves.

Agreed; and they're sure doing a fine job of it! About your second point, I'm not following....(yes, I'm a little slow! : )

[mabelkitty]

This needs to be bigger news, as this was the intended reason for the bill in the first place!!

[Tumbleweed_Connection]

If the "moderates" are to side with the leftists why are they worth supporting? They aren't on the team and it's time to realize it.

[nicmarlo]

Got it, and I agree. : )

[nicmarlo]

this was the intended reason for the bill in the first place!!

Most definitely was!

[MeekOneGOP]

Mornin' !!

[mwl1]

The ads must be having an effect in South Dakota. Double or triple the media buy.

[dufekin]

it's bad when the Democrats' official seal shows a Republican.

Democrats abort; they don't reproduce. At least insofar as I can tell.

[Happy2BMe]

I Likes your FReeper site - I Likes It A LOT!

[MeekOneGOP]

Thank you ! :O)