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FEC Refuses To Legitimize Ben Nelson Campaign Ad Scheme

Democrat FEC Commissioner Calls Scheme A “Fully Coordinated Communication”

In a 3-3 vote, the Federal Election Commission today refused to legitimize the campaign ad scheme being used by Senator Ben Nelson and national Democrats, and even one Democrat FEC Commissioner said it’s impossible to see this scheme as anything other than an effort to circumvent federal campaign finance limits.

As the New York Times first reported last month: “A new series of political advertisements on behalf of an embattled Nebraska senator could open the door to a flood of similar ads financed by outside groups and even businesses working directly with political candidates — a sharp departure from past practice.”

Today’s FEC’s vote came after the GOP group, American Crossroads, petitioned the Commission seeking permission to engage in the same activity as Senator Nelson and his Democrat friends in Washington.  To date, national Democrats have spent at least $1.25 million in statewide ads to prop-up Nelson’s uphill re-election bid, yet Nelson has bizarrely insisted that they are not “campaign” ads and therefore not subject to the strict coordination limits between national parties and candidates.

But as Politico reports this afternoon:

  • Democratic Commissioner Ellen Weintraub pointed to Josefiak’s comments as proof that the request runs afoul of coordination limits. “For me, there’s no way to get around the conclusion, therefore that this is a fully coordinated communication with candidates who are running for reelection and it is for the purpose of enhancing their electoral prospects,” she said.

“It speaks volumes that even Nelson’s fellow Democrats on the Federal Election Commission aren’t willing to sign off on his transparent efforts to circumvent federal campaign finance laws,” National Republican Senatorial Committee (NRSC) spokesman Brian Walsh said today.  “Unfortunately just like we saw with the Cornhusker Kickback during the health care debate, Senator Nelson seems to believe a different set of rules should apply to him when it comes to doing the right thing.” 

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