Kerry may delay nomination to match funding

[California Dreamer]

According the the FEC, both parties must spend only $75 million starting September 1st, OR when they are nominated.

Bush will accept his nomination on September 3rd. Kerry's convention is 5 weeks earlier. This would give Bush a big advantage as Kerry has to spread his spending over more than 3 months, wheras Bush would only have to spread it over 2 months.

So the Kerry camp is thinking of not offically 'accepting' the nomination until September 1 (in line with the FEC rule and Bush's convention)

This is very clever, and it could be considered 'fair and balanced' because it means both candidates will be constrained to the same spending limits over the same period.

However I can imagine Kerry receiving some flack for holding a convention and not actually 'accepting' the nomination.

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[© tweed]

GREAT idea..I love it

[WalterMitty]

risky strategy.  sounds liek a gimmick.

[agcatter]

He was for accepting the nomination at the convention before he was against it....

[CARLHAYDEN]

Remember,

Kerry believes in publicly taking at least both sides of every issue, that way it is hard for those not familiar with his record to determine how he will actually act if he were to be elected.

This 'dodge' is too clever by half.  

To the average person the aphorism about "trying to have one's cake and eat it too,"  comes to mind.

Every time the libs try a fast one they just irritate average americans who see just another attempt to rig the system.

It will be interesting to see if Kerry is stupd enough to try this one.

[California Dreamer]

the end result of this would only mean that he and Bush both had the same amount of money to spend over the same time.

It is certainly within the spirit of the FEC regulation.

If the Bush team pushes this issue it may look like they are trying to get an unfair advantage.

[agcatter]

Wonder what the great John McCain will say about this little move.  This ought to be good.

[pieman]

If Kerry isn't going to accept the nomination in Boston at the convention, then the DEMs need to return the 15M they got from the FEC for the convention.

The DEMs CHOSE the convention date to try to stretch their pre-convention funds with the idea that they would not have been opting out of pre-convention FEC dollars. They are now trying to have it both ways.

[CARLHAYDEN]

Wonder what the great John McCain will say about this little move.  This ought to be good.

Anything the liberals do is fine and good with McCain.  If conservatives do anything, count on McCain to pop up on TV sounding the liberal line.

Isn't it interesting how McCain campaigned to silence average americans who support the right to life (McCain doesn't) or the right to keep and bear arms (McCain doesn't), but if someone wants to push the liberal line its ok as long as they're a foreign born billionaire whose finances are more than a little bit questionable (money from Columbia) McCain has NO complaints whatsoever.

[agcatter]

Yeah.  Not a peep out of him about the Dem 527s designed specifically to get around the very campaign finance reform he's supposed to be so committed to.

You hit the nail on the head.  The guy panders to the liberal media like nobody ever has.  It's a lovefest between McCain and the media.

[CARLHAYDEN]

In Arizona, the more knowledgeable one is the more intense one's feelings are about the SOB.

Liberal Democrats love him because he is always pushing their agenda and attacking conservatives and Republicans.

Conservatives and knowledgeable Republicans in the state largely abhor him for the same reasons.

[Nation]

Hey, a smooth move by Kerry. That's gotta be a first so far.

[Mort from NewYawk]

If the Democrats actually do this, after the election we'll be analyzing this move as one of the great mistakes of the 2004 campaign.

A convention that doesn't select anybody? That's a great way to get your TV message out - if I'm an undecided I'd rather tune in to summer baseball, or the runup to the Olympics.

And they announce it before they've made their mind up? Let's turn it into a media sideshow!!

While the President goes on TV to announce plans for the future government of Iraq, John Kerry floats the idea of rehauling the convention process.

And you want me to vote for who for President?

[CARLHAYDEN]

Actually, the "delay" can be used in another way tactic recently used by the Democrats, the 'New Jersey' gambit.

Suppose that by late August:

1.) the economy is continuing to improve (unemployment continuing to fall),
2.) gas prices are falling,
3.) Osama has been caught or killed, and
4.) a WMD cache is found in Iraq.

Well, in those circumstances Bush would probably be leading Kerry by at least ten points, so the Democrats could then bring in a new pitcher, er candidate, er nominee, or you know, sacrafice.

[Swing low, sweet chariot. Comin' for to carry me home.]

This is a really dumb idea - if Kerry can delay, Bush can too.

[Swing low, sweet chariot. Comin' for to carry me home.]

This is a really dumb idea - if Kerry can delay, Bush can too.

Or, Bush can make his acceptance speech stand out by saying "I offically accept your nomination"

[khirkhib]

Bush can't delay.  His limited funding will begin on Sept 1st.

[pieman]

 Here is the appropriate text from the campaign finance law from fec.gov

Note that the Expenditure Reporting Period starts on THE EARLIER OF    
1. the date on which such major party at its national convention
nominated its candidate, OR
2. September 1st.

Also note the dates reflected in the Primary Presidental Funding portion. It would be tough to argue that one would end without the other starting. If a party does not nominate by national convention, the LATEST the PRIMARY FUNDING can go is the National convention.

Also note that failure to nominate at the national convention causes problems with the funding received for the Presidential Nominating Convention.


TITLE 26. INTERNAL REVENUE CODE
Chapter 95—Presidential Election Campaign Fund
§ 9001. Short title
This chapter may be cited as the Presidential Election Campaign
Fund Act・

§ 9002. Definitions
For purposes of this chapter—

. . .

(12) The term Expenditure report period with respect to any
presidential election means—
(A) in the case of a major party, the period beginning
with the first day of September before the election, or, if earlier,
with the date on which such major party at its national convention
nominated its candidate for election to the office of President
of the United States, and ending 30 days after the date of
the presidential election; and


Chapter 96—Presidential Primary Matching Payment Account
§ 9031. Short title
This chapter may be cited as the Presidential Primary Matching
Payment Account Act・
§ 9032. Definitions

. . .

(6) The term “Matching payment period” means the period
beginning with the beginning of the calendar year in which a general
election for the office of President of the United States will be held
and ending on the date on which the national convention of the party
whose nomination a candidate seeks nominates its candidate for the
office of President of the United States, or, in the case of a party
which does not make such nomination by national convention, ending
on the earlier of—
(A) the date such party nominates its candidate for the
office of President of the United States, or
(B) the last day of the last national convention held by a
major party during such calendar year.
 
 
 
 
 
 

[California Dreamer]

why are you Republicans so worried about Kerry trying to have spending parity for the last two months. The Repubs will continue to have an advantage up until that point.

And regarding the rules, the Kerry camp is going to get it approved by the FEC, so if they approve it, then its ok.


what will the Repubs say then. "We demand to have an advantage....how dare John Kerry attempt to level the playing field that is just not American, if we let him do this it will let the terrorists win, remember 9-11, Hallelujah Hallelujah , god bless America. "

[CARLHAYDEN]

First, you've been ingesting too much bad stuff man.  You're not 'dreaming.' you're hallucinating!

Second, the FEC will require the Demos to refund the convention money if Kerry does not accept the nomination then and there.

Third, the Demos selected the time and place of their convention.  Now they whant to have their cake and eat it too.

Fourh, it is traditional for the 'out' party to hold their convention approximately one month earlier than the 'in' party.  The Dems just pushed their convention even earlier.

[pieman]

I see two possible interpretations of the FEC rules.

The first is the way that Kerry would like the rules interpreted: Looking to the Reporting period definition of the Presidential Election Campaign Funding Act  Ch. 95 Sec. 9002(12)A,  

. . . the period beginning
with the first day of September before the election, or, if earlier,
with the date on which such major party at its national convention
nominated its candidate for election to the office of President
of the United States . . .  
 
 Kerry's argument is that if he is not nominated at the convention (Note that its when he is nominated NOT when he accepts the nomination!), then the period reverts back to September 1st because eventhough the national convention was earlier than September 1st, there is no date on which the DEM party at its national convention nominated its candidate.

Although this interpretation is plausible, it does conflict with other portions of the Campaign Finance laws.  For example, the Presidential Primary Matching Payment Account law defines the primary Matching payment period as ending on the date
 
. . .  in the case of a party
which does not make such nomination by national convention, ending
on the earlier of—
(A) the date such party nominates its candidate for the
office of President of the United States, or
(B) the last day of the last national convention held by a
major party during such calendar year.


This definition results in the primary funding period ending NO LATER THAN the last day of the national convention of the party.

The ending date of the primary period and hence the beginning of the regular campaign period is the EARLIER OF the last day of the national convention OR the nomination date. This would mean that a party could not delay funding past their convention.

In addition, there are rules for selecting national electors to national conventions and rules and funding for Presidential Nominating conventions. The DEMs have relied on these other rules to obtain funding for the convention
to be held in Boston.

It is quite possible that the FEC will look only to the specific reporting period definition and rule that Kerry can delay his funding to September 1st, if he is not nominated at the convention.

It is also possible that the FEC will take a broader view of what was meant by the rule and say that the parties national convention is the date that funding starts.

Although I think it is unlikely, it is also possible that the FEC could say that the candidates can change the reporting period at will, without regard to nomination.

If Kerry does get the interpretation that he needs, he still has to deal with the very real possibility of losing funding for the DEM convention in Boston.

He also has to deal with changing the nomination procedure. I would think that would open up a real can of worms. For example, if the nomination rules can be changed after the primaries, why not change them to nominate a different candidate?

 He is also likely to get less participation from delegates and a bigger backlash from Boston than he has already received due to traffic and other hassles. The GOP has also threatened to hold rallies of their own during the DEM convention, since there will be no need to abide by the longstanding tradition of not campaigning during the other party's convention. All of these factors potentially could also significantly reduce the TV coverage from the networks of the DEM convention.

All in all, it is probably a bad idea for Kerry to pursue delaying his funding. But if he wants to jump through the hoops, more power to 'em.

 


 
 
 
 
 
 


 
 

[pieman]

why are you Republicans so worried about Kerry trying to have spending parity for the last two months. The Repubs will continue to have an advantage up until that point.

And regarding the rules, the Kerry camp is going to get it approved by the FEC, so if they approve it, then its ok.


what will the Repubs say then. "We demand to have an advantage....how dare John Kerry attempt to level the playing field that is just not American, if we let him do this it will let the terrorists win, remember 9-11, Hallelujah Hallelujah , god bless America. "

According to the DEMs leveling the playing field means that eventhough both candiates picked their convention dates with full knowledge of the rules, the DEMS get a mulligan on picking their nomination date because they are "victims" of an "unfair" campaign finance situation.


What the GOP says is "We demand that Kerry follow the rules so that he does not have an unfair advantage. How dare John Kerry wail about campaign finance rules and then when they don't suit his fancy, try to skirt the ones he doesn't like."

Only John Kerry could be for a nominating convention, but against a nomination.

[MODU]

This is one of the reasons why, if you look at the statistics between registered voters, the number of Republicans (percentage wise) voting Bush is larger than the number of Democrats voting Kerry.  Bush has mud in his eye for Iraq (which can still play out to his advantage) where as Kerry is covered in mud in regards to credibility.  Zogby is partially right when he said this election is Kerry's to lose.  He has done a lot more to hurt his campaign lately than help it.  This is why, when you look at the national polls, as Bush's popularity falls, Kerry's isn't increasing.

[Swing low, sweet chariot. Comin' for to carry me home.]

Foxnews is reporting Kerry will acept nomination in July in Boston.