CREW files FEC complaint against U.S. Term Limits for ad supporting Bob Schaffer for Senate

crew — Wed, 9 Apr 2008 11:08:02 -0500

Today, CREW filed a complaint with the Federal Election Commission (FEC) alleging that the non-profit group U.S. Term Limits (USTL) violated federal election law by running an advertisement advocating the election of Bob Schaffer for the U.S. Senate in Colorado.

As you can see from the picture below, the ad, which is posted on YouTube, is called the "Bob Schaffer for Senate video." The "About This Video" section reads "Bob Schaffer for Senate video paid for by TermLimits.org."

The ad depicts children and parents repeatedly thanking Mr. Schaffer by name for supporting charter schools. On the screen at the end of the ad is a written disclaimer: "Paid for U.S. Term Limits. U.S. Term Limits is responsible for the content of this advertising. Not authorized by any candidate or candidate's committee. U.S. Term Limits does not endorse candidates for public office."

The ad violates federal election law in two ways. First, anyone who pays for an ad expressly advocating the election or defeat of a clearly identified candidate is required to file a report describing the expenditure within 48 hours after the ad first runs. This ad first aired on March 26, 2008, meaning that a report should have been filed with the Commission no later than 11:59 p.m. on March 28, 2008, but no report was filed.

Second, such television ads must include an audio statement that the person paying for the communication is responsible for the ad’s content, which the USTL ad does not.

CREW's Melanie Sloan said:

USTL tried to turn this Schaffer campaign ad into an issue ad by never mentioning that Mr. Schaffer is a candidate or referring to the upcoming election. USTL's intent to affect the Colorado senate race was revealed, however, when the group posted the ad on YouTube labeling it "Bob Schaffer for Senate video. This is nothing more than a campaign ad in issue ad clothing.

This is exactly the type of ad the FEC should be investigating, but the FEC's absence of a quorum means that the Commission cannot impose any penalties unless and until new commissioners are confirmed by the U.S. Senate. The total absence of election law enforcement will become more and more serious as we get closer to the November elections.

Citizens for Responsibility and Ethics in Washington - US Term Limits

CREW files FEC complaint against U.S. Term Limits for ad supporting Bob Schaffer for Senate