McCaskill's Missouri Debt

Prior to running for the Senate in 2006, Sen. Claire McCaskill ran unsucessfully for governor of Missouri in 2004 and then for state auditor in 2005. She accumulated a debt of $1.6 million, a debt she still carries with her Missouri campaign committees. The FEC issued an Advisory Opinion yesterday that would allow McCaskill to be exempt from the normal rules that would apply to Federal legislators on raising money in excess of the federal limit. Under a recent change to Missouri law that took effect at teh start of the year, there are no limits on what candidates can raise from individuals and PACs in Missouri. However, under federal limits, McCaskill is limited to $2,300 from individuals and $5,000 from PACs per election and cannot accept corporate or labor union funds. Missouri allows corproate and labor unions to give money to candidates.

The AP has this story in which McCaskill declared her intention to limit her contributions to the MO campaign to those permitted under federal law.

Commissioners ruled 5-0 that McCaskill can follow Missouri law regarding the campaign debt. The commission's advisory opinion also states that when McCaskill solicits contributions to pay off the state campaign debt, fundraising letters can refer to her as "Sen. McCaskill."

In response to the ruling, Marsh said McCaskill would voluntarily limit herself to contributions of $4,600 from individuals and $10,000 from PACs. McCaskill also would accept up to $4,600 in direct contributions from corporations and unions, which federal law does not permit.

Those are the same federal limits that would apply during a single election cycle. For example, individuals under federal law can contribute up to $2,300 during the primary and an additional $2,300 during the general election.

Richard Hasen, a professor specializing in election law at Loyola Law School in Los Angeles, called McCaskill decision "a smart political move because then she can't be attacked for taking large sums from people trying to buy political influence."

Prof. Hasen is right politically, but that won't stop the criticism because Sen. McCaskill can hold twice as many fundraisers and yet stay within the law.

From my perspective this is a smart decision by the FEC and by McCaskill.