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Did Sarah violate the McCain Fiengold Act?
Author: Raine    Date: 10/23/2008 19:22:07

I am just putting this out there. Many others are more scholarly than I am regarding the law. I am more than willing to be wrong, but I will never NOT question -- Now it's your turn. What do you think?

From the McCain Fiengold act of 2002:

SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
  • a) PERMITTED USES- A contribution accepted by a candidate, and any other donation received by an individual as support for activities of the individual as a holder of Federal office, may be used by the candidate or individual--
    1. for otherwise authorized expenditures in connection with the campaign for Federal office of the candidate or individual;

    2. for ordinary and necessary expenses incurred in connection with duties of the individual as a holder of Federal office;

    3. for contributions to an organization described in section 170© of the Internal Revenue Code of 1986; or

    4. for transfers, without limitation, to a national, State, or local committee of a political party.

  • b ) PROHIBITED USE -
    1. IN GENERAL- A contribution or donation described in subsection (a) shall not be converted by any person to personal use.


    2. CONVERSION- For the purposes of paragraph (1), a contribution or donation shall be considered to be converted to personal use if the contribution or amount is used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate's election campaign or individual's duties as a holder of Federal office, including--

    • A) a home mortgage, rent, or utility payment;

    • B ) a clothing purchase;

    • C ) a noncampaign-related automobile expense;

    • D) a country club membership;

    • E) a vacation or other noncampaign-related trip;

    • F) a household food item;

    • G) a tuition payment;

    • H) admission to a sporting event, concert, theater, or other form of entertainment not associated with an election campaign; and

    • I) dues, fees, and other payments to a health club or recreational facility.

This portion however is the clarifier, to me... Since some people have been justifying it, saying that it does not apply to Ms. Palin, since the RNC spent the money (the RNC is not a tax deductible organization) , as opposed to the McCain campaign:
Sec. 323
a) NATIONAL COMMITTEES-

1) IN GENERAL- A national committee of a political party (including a national congressional campaign committee of a political party) may not solicit, receive, or direct to another person a contribution, donation, or transfer of funds or any other thing of value, or spend any funds, that are not subject to the limitations, prohibitions, and reporting requirements of this Act.

2) APPLICABILITY- The prohibition established by paragraph (1) applies to any such national committee, any officer or agent acting on behalf of such a national committee, and any entity that is directly or indirectly established, financed, maintained, or controlled by such a national committee.


You make the call. Something smells to me, and it isn't the sweet smell of Sarah's leather Jacket. Organizations like the RNC are prohibited from converting campaign contributions for personal use, including (explicitly) with respect to "clothing purchases". I don't know how more clear it can be. Giving the clothing away to charity is NOT an option in this law. They bought the clothes, and the law, as best as I can see does not allow for it.


:peace: and
Raine



 

44 comments (Latest Comment: 10/24/2008 12:06:11 by TriSec)
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