By Staff, National Journal's CongressDaily, May 15, 2008

15 May 2008 // A federal district court judge Wednesday threw out, for now, a Democratic National Committee lawsuit to force the FEC to investigate last year's withdrawal of a request by Sen. John McCain, R-Ariz., for federal matching funds to support his presidential campaign.

The FEC has lacked a quorum to rule on whether McCain gave up his right to withdraw from the public campaign finance program by accepting a loan tied to receipt of matching funds. The DNC lawsuit sought to open the door for the party committee to sue the McCain campaign directly to force it to stop spending or face hefty fines.

Democrats had hoped the court would determine that the FEC, which has just two commissioners due to a political impasse in the Senate, cannot act on McCain's request.

But U.S. District Judge John Bates dismissed the suit because the DNC did not show cause to ignore a law giving the FEC 120 days to act before seeking action in court.

The DNC can file again in late June, which a spokeswoman said the party will do. The Republican National Committee said that step will "again be a publicity stunt and a waste of resources."