By Dan Friedman, National Journal's CongressDaily, April 10, 2008

10 Apr 2008 // An organization advocating term limits is refusing to pull a political ad that a nonprofit government watchdog calls illegal, creating an impasse over election laws that highlight the continuing impotence of the FEC.

The Citizens for Responsibility and Ethics in Washington filed a complaint with the FEC Wednesday alleging that the nonprofit group U.S. Term Limits has violated federal election law by running a television and Internet advertisement urging the election of former Rep. Bob Schaffer, R-Colo., to the Senate.

The advertisement shows children and their parents thanking Schaffer, who upheld a pledge to retire after three House terms, for supporting charter schools.

CREW said the ad is not a standard issue ad, but a campaign advertisement because it advocates the election of a candidate. Doing so without including a statement that the group paying is responsible for its content violates the law, CREW said.

CREW's executive director Melanie Sloan said the advertisement's goal is revealed by a version on YouTube that is labeled, "Bob Schaffer for Senate video."

Calling the YouTube label "a very stupid mistake" by an outside consultant, a U.S. Term Limits spokesman said the ad was pulled Wednesday from the Internet. He said as far as he knows, the spot, which began running March 26 in a $470,000 buy, will keep running on Colorado television.

"There's nothing objectionable about the ad," he said. "It simply thanks Bob for upholding a [term limits] pledge."

The dispute over the spot highlights the FEC's current inability to enforce election laws. Due to a standoff by Senate Democrats and the White House over nominations, the commission lacks enough members to form a quorum, leaving it unable to impose penalties or issue binding rulings.

The agency cannot rule on questions relating to the bundling of campaign donations and Sen. John McCain's, R-Ariz., ability to reject public financing for his presidential run or more minor issues like the Schaffer ad.

"The total absence of election law enforcement will become more and more serious as we get closer to the November elections," Sloan said.