GOP election complaint against Christine O'Donnell still alive

The Delaware Republican Party filed a Federal Elections Commission complaint against Christine O'Donnell during the Senate primary -- and now they can't take it back.

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The compliant was filed less than a week before the primary and, after O'Donnell surprise win against party-backed candidate Mike Castle (R), the state GOP is now technically pursuing an alleged violation of federal election law against its own Senate nominee.

Delaware GOP Chairman Tom Ross, a leading O'Donnell critic during the primary, may have called for his party to unify, but the election complaint filed by the party alleging illegal coordination between O'Donnell and the Tea Party Express is still very much alive.

The complaint alleges that O'Donnell and the Tea Party Express engaged in coordinated communications in violation of federal election law and that the campaign accepted excessive contributions from the group.

Ross was unable to be reached for comment Monday, but a spokesman for the Delaware GOP admitted there was not much the party could do given that the complaint has already been filed and formally delivered to the O'Donnell campaign.

According to the FEC, once a complaint is filed, it cannot be withdrawn by the party that brought the action.

The O'Donnell camp received the complaint over the weekend, which means it has 15 days to file a written response to the charges with the FEC.

The complaint was filed on behalf of the Delaware GOP by former FEC Chairman Michael Toner. Election lawyer Cleta Mitchell is representing the O'Donnell campaign in the matter.

-- This post was updated at 11:05 a.m.