McCain’s camp tests fundraising limits

McCain fund-raisers certainly seem to pitch donations to the victory committee as supporting the ticket. The McCain campaign Web site attracts donors with a prominent “Contribute” button that sends them to a donation page for the committee, along with some lengthy disclaimers of the various entities that benefit from it.

By contrast, the Kerry campaign’s contribution button on its Web page in 2004 was more clearly labeled “Contribute to the Democratic Party.” The Obama campaign is not soliciting contributions for its joint fund-raising committee on its Web site.

Some lawyers said that some of the ways the McCain campaign is pushing its victory committee fit awkwardly with the broader mandate of public financing to halt private fund-raising, as well as rules that ban the designating of funds to party committees for specific candidates.

“I think it’s both an appearance and a legal question,” said Lawrence H. Norton, who left his post as general counsel to the F.E.C. last year.

But Mr. Rogers pointed to explanatory language used in literature by the joint fund-raising committees and said they undertook “substantial efforts to avoid any potential misunderstanding.”

Reputation as an activist
Mr. Potter built his reputation as an activist while he was F.E.C. chairman in the 1990s and later founded his reform-minded legal center. He took a leave this year from his position as president to devote himself to being the McCain campaign’s general counsel while also still maintaining a private practice.

Guided by Mr. Potter, the McCain campaign is also adopting one of the most controversial innovations introduced by the Bush campaign in 2004: the use of so-called hybrid advertisements, which allowed it to split the cost of television commercials with the Republican Party. The practice was later copied by the Democrats.

The F.E.C. deadlocked on the legality of the advertisements last year, paving the way for the McCain campaign to rely heavily on them. But Mr. Potter’s Campaign Legal Center joined Democracy 21 last year in a vigorous objection to the practice, labeling it a “scheme to evade the spending limits.”

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Some election law lawyers speculated that the McCain campaign might push the envelope further and try to split the costs of its hybrid advertisements with state parties as well, or produce some advertisements in which the party picks up more of the cost.

Mr. Rogers said the campaign had no plans to change the 50-50 ratio for dividing the advertising costs but declined to comment on the state parties question.

Mr. Rogers said Mr. McCain’s detractors often insinuated that because of his reformist reputation “almost anything he does to raise or spend money is a violation of his principles.”

But Mr. Rogers said the campaign was complying with all laws.

Indeed, some lawyers argued that Mr. Potter and Mr. McCain were simply dealing with the realities of a close race.

“They’re taking full advantage of opportunities the law provides for them,” said Robert D. Lenhard, a former Democratic F.E.C. chairman.

This article, "McCain's Camp Tests Fund-Raising Limits," first appeared in the New York Times.

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