End Citizens United (ECU) today filed a complaint with the Federal Election Commission (FEC) against Darrell Issa, candidate for California’s 50th Congressional District. The complaint states that Issa broke campaign finance law by sending a fundraising solicitation for a fundraiser on October 8, 2020. The invitation solicited “soft money,” funding outside of federal contribution limits and source restrictions, to the San Diego County Republican Party and multiple state and local candidates in California.
“Darrell Issa was forced into retirement in 2018 because of his record of rampant corruption,” said ECU President Tiffany Muller. “Issa’s blatant disregard for the law in 2020 proves he hasn’t changed. The law clearly states that federal candidates can’t solicit ‘soft money’ for non-federal candidates. Darrell Issa either thinks he’s above the law or he was hoping he wouldn’t get caught. The FEC should immediately investigate.”
The Federal Election Campaign Act, which was amended by the Bipartisan Campaign Reform Act of 2002, prohibits federal candidates and officeholders from raising money outside of the federal contribution limits in an election. It is illegal for a federal candidate to solicit contributions, donations, or funding for non-federal candidates in any form of communication unless the solicitation is limited to federally permissible funds.
The Violation:
The Federal Election Campaign Act, as amended by the Bipartisan Campaign Reform Act of 2002, prohibits federal candidates and officeholders from raising “soft money” – that is, money outside of the federal contribution limits and source restrictions – in connection with an election. A solicitation is “an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting, or recommending that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.”
Commission rules provide several ways that candidates may support nonfederal committees consistent with BCRA’s soft money prohibition. First, a federal candidate may appear on publicity for a nonfederal fundraising event containing a nonfederal solicitation so long as the candidate is identified as a special guest, featured speaker, or some other role “not specifically related to fundraising” and the solicitation contains a clear and conspicuous disclaimer that the candidate is not soliciting funds. Moreover, a federal candidate may appear on a solicitation for an event that is limited to soliciting federally permissible funds. However, a federal candidate may not sign a solicitation that seeks soft money or extend an invitation to an event where soft money will be raised.
Mr. Issa plainly violated this rule. He extended an invitation to an event and issued a general solicitation on behalf of several committees that are not subject to the federal contribution limits and source restrictions.
Click here to read the FEC complaint.
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