It will be interesting to see how this turns out...the funds did not come from a straight RNC account, but rather a joint RNC-MPC account. So, it could very well be illegal contrary to what some people think.
In any event, it looks like we won't know until the end of the election.
From Ben Smith's blog on Politico
October 23, 2008
Categories: Campaign finance
Formal complaint over formal wear
My colleague Jeanne Cummings -- who broke the original Palin wardrobe story -- reports:
It was inevitable.
Citizens for Responsibility and Ethics in Washington (CREW), a watchdog group, has filed a complaint with the Federal Election Commission against Sarah Palin and the Republican National Committee claiming the RNC violated campaign finance laws when it paid for $150,000 for clothes for the party's vice presidential nominee and her family.
Melanie Sloan, CREW's executive director, said the purchases should be disallowed under campaign finance rules that prevent candidates from using campaign cash to buy items of "personal use," including clothing.
Campaign finance experts say those rules have never been applied to party committee accounts.
The twist in this case is that the RNC fashion funds came from a joint account held by the RNC and the McCain-Palin campaign. The Federal Election Commission has never ruled on weather the personal use ban should apply to funds in that particular type of account.
It's an interesting question but the chances of getting an answer before Election Day are basically zip for two reasons.
The FEC, like all government agencies, has a procedure to follow ? on that can't be accommodated in the less than two weeks left in the campaign.
And, perhaps more importantly, the FEC commissioners are evenly divided along partisan lines, three Democrats and three Republicans. So, even if the Democrats sought to expedite the complaint, which is not likely, they'd need a Republican to vote along with them, which is extraordinarily not likely.
Re: Lawsuit filed over Palin's wardrobe and campaign funds
Who wants to take my bet that this comes to nothing?
I think they only did this b/c the RNC filed a FEC complaint against Obama's campaign. ?
I agree it will probably come to nothing.
I think this story is amusing, but no one is going to change her vote because of it.
The Federal Election Commission has never ruled on weather the personal use ban should apply to funds in that particular type of account.
Isn't there a lawyer term for this? Making a ruling after the fact to punish those who did it before the rule existed?
Agreed.
Plus, perhaps I've spent too much time in theatre or thinking about PR, but is clothing worn on the campaign trail really clothing for personal use?
That aside, I'm cringing at Ben Smith's weather/whether typo.
ETA Oops, he was quoting Jeanne Cummings, so I imagine the typo is hers.
You're thinking of an ex post facto law. The difference here is that the law and its accompanying regulation are already in place. It's not being passed after the fact. It's an issue of ambiguity in the language and how the regulation is interpreted. It could still affect the outcome, though.