Mitchell Campaign Breaks Federal Law
Arizona Free Press
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Hayworth highlights video evidence at press conference
Scottsdale, AZ In an apparently deliberate violation of federal law, the Harry Mitchell campaign and the Democratic Congressional Campaign Committee (DCCC) have illegally coordinated their latest attack ad on Congressman J.D. Hayworth.
The DCCC ad claims to be an "independent expenditure" (IE) in order to circumvent the statutory limits on the amount the DCCC can spend on behalf of Harry Mitchell. However, in clear violation of the rules for IEs, the ad actually features footage of Harry Mitchell talking with citizens on a street and then with other citizens in a home. It is inconceivable that the footage was obtained without Harry Mitchell's material involvement, the legal standard for a coordinated ad.
Federal law bars the Mitchell campaign from having any material involvement in the content of the ad, i.e. no involvement in the filming, production, content, or airing of IE commercials. In this ad, the Mitchell campaign has clearly coordinated with the DCCC in the development and preparation of the ad. The ad, contrary to the representations of the DCCC (signed under penalty of perjury) that it is an "independent" communication, is an illegal excessive contribution from the national Democratic party to Mitchell.
Because the ad is not independent, it violates the coordinated expenditures limits that are established in federal law The Hayworth campaign is filing today an FEC complaint against the DCCC for making illegal excessive contributions to the Mitchell campaign and against the Mitchell campaign for receipt of an illegal excessive contribution from the DCCC.
McCain- Feingold added strict rules on illegal coordination between candidates and others including party committees. It also added criminal penalties for knowing and willful violations.
The Hayworth campaign will therefore file an FEC complaint against the DCCC for making illegal excessive contributions to the Mitchell campaign and against the Mitchell campaign for receipt of an illegal excessive contribution from the DCCC.
This violation is so egregious that it staggers the mind, said Hayworth for Congress spokesman Brian Hummell. The Hayworth for Congress campaign will be filing an immediate complaint with the Federal Election Commission against the DCCC and Harry Mitchell for this stunning violation of federal law. Harry Mitchell has already violated FEC laws regarding his mail program, now hes violating federal law on television. His blatant disregard for federal campaign laws is just another reason hes not fit to serve in Congress.ÂÂÂ