Monday, February 25, 2008

Obama's Finance Ploy

February 25, 2008; Page A14

Barack Obama is promising to end partisanship in Washington, and here's a place to start: He could stop playing politics with the Federal Election Commission in a way that could hamper John McCain's campaign against, well, Mr. Obama
REVIEW & OUTLOOK

Obama's Finance Ploy
February 25, 2008; Page A14

Barack Obama is promising to end partisanship in Washington, and here's a place to start: He could stop playing politics with the Federal Election Commission in a way that could hamper John McCain's campaign against, well, Mr. Obama.

The Illinois Senator is blocking confirmation of one of President Bush's appointees to the FEC, which administers election laws. This has left the agency two commissioners short of the quorum it needs to make decisions -- with the potential for direct harm to Mr. McCain's campaign. As we've been writing, the Arizona Senator took out a controversial $1 million loan that FEC Chairman David Mason has said might lock him into the public finance system for the primary season. Mr. McCain doesn't want to do that because he'd have to abide by spending limits that would reduce his campaigning this spring and summer. Mr. Mason says the FEC needs to rule on the matter, but without a quorum Mr. McCain is left hanging.
[Barack Obama]

The FEC must also vote to certify that Mr. McCain can receive an estimated $85 million in public funds for the November election. The Republican has already pledged to accept those funds, and the spending limits that go with them, and he is counting on the money to make him competitive against a Democratic nominee. However, no FEC quorum, no public McCain funds in the fall -- and a potentially big advantage for Mr. Obama, who is raising far more in private donations.

The FEC dispute centers on Hans von Spakovsky, a Bush appointee whose two-year recess term ended in December and who has been renominated. Before coming to the FEC, Mr. von Spakovsky was a lawyer in the Justice Department's Civil Rights Division, where he supported voter-ID laws that Democrats claim will harm black voters but have been vindicated in court. Mr. von Spakovsky's nomination was approved by the Rules Committee in September, but then Mr. Obama intervened with a "hold." Other Democrats have since joined him.

Mr. von Spakovsky was supposed to be voted on in a package of four FEC nominees. Senate Majority Leader Harry Reid instead demanded that all four get individual votes, hoping to tank only Mr. von Spakovsky. The six FEC commissioners have staggered terms, and one Republican and one Democrat are supposed to end their terms simultaneously so there is no partisan advantage. Mr. von Spakovsky is paired with Steven Walther, a Nevada lawyer with close ties to Mr. Reid. The Majority Leader can hardly expect to get his hand-picked choice, while throwing Mr. Bush's overboard.

All of this is the rankest sort of partisan Beltway gamesmanship, all the worse because it is rooted in racial politics. It is precisely what Mr. Obama says he wants to rise above, but apparently that will happen only after he wins the Presidency. Mr. Obama also boasts about his role in crafting last year's lobbying and ethics law, which includes a provision requiring candidates to report "bundled" campaign contributions. The FEC was unable to devise the rules for that provision before it lost its quorum in December. Meanwhile, Mr. Obama is bundling away.

We dislike these campaign laws, in part because they allow the likes of Mr. Obama to claim to be reformers while working the rules to their own advantage. But if Senators who want to be President are going to pass these rules, the least they can do is give the FEC the ability to enforce them.

Guest Comment: One who wants to be fair and end racial politics is doing exactly the opposite. He has taken steps that will secure his own fundraising, absent of scrutiny, while halting the ability of McCain to receive $85 million in public funds. Is this an indication of the kind of change he is seeking?

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