Statement by Fred Wertheimer: Crossroads GPS Plans to Violate Campaign Finance Disclosure Law with FEC’s Support
Crossroads GPS Plans to Violate Campaign Finance Disclosure Law with FEC’s Support
Statement of Democracy 21 President Fred Wertheimer
According to an article in today’s Los Angeles Times, Crossroads GPS plans to run a broadcast ad about President Obama within the 30 day period before the Democratic nominating convention without filing an FEC report disclosing its contributors.
If the organization proceeds to do this, Crossroads GPS would be in clear violation of the federal campaign finance disclosure laws that require groups making “electioneering communications” to disclose their donors.
“Electioneering communications” are defined as broadcast ads that mention a candidate and that are run within 60 days of a general election and 30 days of a primary. Presidential nominating conventions are defined as a primary under campaign finance law.
Crossroads GPS appears ready to violate the law based on a mistake that the FEC made in initially announcing the wrong date for the beginning of the “electioneering communications” 30 day period regarding the Democratic nominating convention.
The FEC corrected the error but then also went on to state that it would exercise its “prosecutorial discretion” in not taking any enforcement action regarding ads run during the “electioneering communications” period in reliance on the mistaken information it originally had announced.
This is completely unacceptable conduct on the part of the FEC and Crossroads GPS.
The FEC corrected its mistake well in advance of the August 4th date on which the “electioneering communications” disclosure requirements begin. The enforcement agency should not be in the business of licensing clear violations of the campaign finance laws.
Similarly, Crossroads GPS has had advance notice of when the 30 day period begins for donor disclosure by groups running “electioneering communications” ads.
If Crossroads GPS wants to continue hiding its donors from the American people the group should not run campaign ads about President Obama during the “electioneering communications” disclosure period, refuse to disclose its donors and openly violate the campaign finance disclosure laws.
Furthermore, just because the FEC has chosen to exercise “prosecutorial discretion,” to allow Crossroads GPS to openly violate the law, doesn’t mean the Justice Department should also take this position.
Crossroads GPS is planning on engaging in a clear violation of the law.
Even if the FEC can’t count to 30 days before the Democratic convention, Crossroads GPS surely can do so. But instead, Crossroads GPS intends to hide behind the FEC’s initial mistake to openly violate the law.
Such action is exactly what a “knowing and willful” campaign finance violation is, and is exactly what the Justice Department is authorized to prosecute as a criminal violation.
Democracy 21 calls on the Justice Department to bring an enforcement action against Crossroads GPS if the group proceeds to run ads about President Obama in the 30-day period before the Democratic national convention and fails to disclose its donors to the FEC as required by law.
Enforcement agencies should enforce the law when faced with open and clear violations of the law. The FEC should not be licensing clear violations of the law.
