Balderson and NRCC attempt to cover an excessive in-kind donation via a “hybrid ad”
End Citizens United (ECU) today filed a complaint with the Federal Elections Committee (FEC) against Rep. Troy Balderson and the National Republican Congressional Committee (NRCC). Balderson has taken an excessive in-kind contribution from the NRCC, which is funding an ad it is not allowed to pay for.
Balderson and the NRCC have violated the Federal Election Campaigns Act of 1971 and FEC regulations. On October 17, the Balderson campaign and NRCC began airing the negative attack ad “Progressive” against Danny O’Connor as a hybrid ad with the two entities splitting the $355,000 cost. In running a hybrid ad, the communication must serve to benefit both the candidate and the sponsoring party and must name the party (e.g. “Democratic ticket” or “Republican team”) and not vague references or labels. In the case of “Progressive,” the ad fails to include any of the necessary language resulting in the NRCC making, and the Balderson campaign accepting, an excessive in-kind contribution.
The Violation:
Without a generic party reference, the NRCC derives no benefit from the advertisement. This means that the ad is not allocable, because the only person it benefited was Balderson. By paying for a portion of the advertisement, the NRCC was therefore making an in-kind contribution to Balderson and his Committee. Furthermore, because the advertisement cost $355,000, and it appears that the NRCC paid for half of it, the NRCC far surpassed the regular contribution limit ($5,000) and the party coordinated expenditure limit ($49,700) combined. Accordingly, the NRCC has made, and the Balderson campaign has accepted, an excessive contribution, in violation of the Act.
“You might think that with all of the corporate PAC money that Balderson is taking from special interests the NRCC wouldn’t have to break the law to try to save his failing campaign,” said Tiffany Muller, president of End Citizens United. “Plain and simple, Balderson is taking an illegal in-kind contribution of thousands of dollars that is not allowed. The ad should come down and the FEC should investigate.”
Click here to read the FEC complaint.
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