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Thompson’s ‘testing’ ploy raises eyebrows |
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By Sam Youngman
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Posted: 06/29/07 07:42 PM [ET] |
Former Sen. Fred Thompson (R-Tenn.) may be violating Federal Election Commission (FEC) laws by failing to report funds raised in the second quarter, which ends tomorrow — giving his probable presidential campaign a one-month fundraising advantage over his rivals in the third quarter.
Republican or Democratic rivals could file a complaint against Thompson if he enters the 2008 presidential race and it becomes apparent that he spent the month of June campaigning rather than wrestling with the decision to run.
Thompson is operating under the “testing the waters” clause of FEC laws, allowing him to raise money, travel and conduct polling to determine whether a bid is feasible. If he were to start campaigning, he officially would become a candidate, subject to filing requirements.
The law, however, is vague when it comes to the difference between testing the waters and all-out campaigning.
Those testing the waters are forbidden from referring to themselves as candidates, advertising or trying to get on a ballot.
Perhaps more importantly, the laws forbid such a person from “rais[ing] more money than what is reasonably needed to test the waters or amass funds (seed money) to be used after candidacy is established.”
Thompson attended at least one $2,300 fundraiser in Nashville this week, and as The Hill reported earlier this month, 100 of his supporters were asked to raise a total of about $4.7 million.
The Hill reported last week that Thompson has hired a Midwest/Northeast finance director, a move that could be seen as indicating he has made up his mind.
Thompson has been careful to say publicly that he is testing the waters, adding in Tennessee that those waters are “pretty warm,” according to reports.
And his campaign website is paid for by “Friends of Fred, Inc.” instead of something like “Fred 2008” or “Thompson for President.”
“One can’t help but see that Thompson again might be hearing the call to serve,” the website reads. “As he discussed less than six months ago, a door is opening and this time Fred Dalton Thompson may lead all of America through it.”
One Republican strategist and attorney said Thompson has been “amassing a lot of money, hiring staff and traveling to primary states … all of which is indicative of an ongoing campaign, not deciding whether or not to run.”
The operative added that Thompson’s actions of the last month are “inconsistent with the testing-the-waters phase and more like a candidate.”
A spokeswoman for the watchdog group Common Cause said, “If he intends to run he ought to just announce and get it over with,” adding that Thompson is being “coy” and not adhering to the “spirit” of the testing-the-waters phase.
While Thompson and his small staff have been careful about the way they describe the former senator’s actions, his supporters have not.
Tennessee Lt. Gov. Ron Ramsey (R) was quoted this week referring to Thompson as the “only conservative candidate.”
Thompson spokesman Mark Corallo took issue with anonymous critics, but said such complaints are wholly without merit.
“All of the Thompson testing-the-waters committee activities have been and continue to be performed pursuant to these regulations which have been on the books for decades,” Corallo said in an e-mail. “I suppose those legal ignoramuses (or is it ignorami?) forgot to check the rules. They could have made a quick call to the [former New York City Mayor Rudy] Giuliani campaign which started out as a testing-the-waters committee this cycle.”
Indeed, most of the current campaigns started out with testing-the-waters phases or exploratory committees. Some continue to operate under the latter distinction, but they are required to report their fundraising totals.
If or when Thompson decides to get into the race officially, rival campaigns or citizens can file a complaint with the FEC, which would investigate whether or not Thompson was spending this time campaigning instead of testing the waters.
The complaint would have precedent. The FEC found evangelist Pat Robertson guilty of such an infraction in the 1988 race and required he pay a $25,000 fine. But the decision was made after the election was over.
Because of the lengthy process involved and the size of the fine, which is paltry compared to the lofty sums most campaigns are raising now, Thompson may not face much trouble if he were accused of skirting the law.
“I think the deterrent, frankly, is him being called on it,” a Republican strategist said.
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