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FEC legal-type question for the lawyers out there...
So, up on TPM Election Central is a story about a new ad for Sen. Clinton that fails to mention Obama. Of course, Obama has had several ads that fail to mention Clinton as well. So, here's the question: can they use funds for the general election on these, and how much do you think that factors into their decision to not mention their primary opponents in these ads?
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My understanding is that Obama can roll primary funds over into his GE fund. You cannot roll the other way. And funds donated and earmarked for GE must go there.
Now that said, if these ads are being run in states and territories where there is still a primary to be run then they are primary ads and not GE Ads.
If however he runs same ad in a non primary state these are by definition ads for the GE. Now here's the kicker since he is not officially the nominee until after the convention and as such not officially running a GE campaign what does this mean?
May 29, 2008 3:24 PM | Reply | Permalink
What if the ads are being run on a national level, and are "clearly" directed at your expected opponent in the GE?
What I'm really wondering about is whether Sen. Clinton could use this loophole to effectively use her GE funds to indirectly (and legally) help her in her primary fight?
The reason I'm singling out Sen. Clinton is because it's my understanding that she has excess GE funds, but is quite a bit in the hole with her primary funds.
May 29, 2008 3:39 PM | Reply | Permalink
I do not think so since the GE has not started and she is not the official nominee. Supposedly and I need to check this. The GE funds for the candidate kick in the day after the convention.
Also she cannot use GE funds to pay down campaign date incurred during the primary.
May 29, 2008 3:48 PM | Reply | Permalink