Adding to Republican gubernatorial candidate Mark Green's campaign cash woes, the Wisconsin Democracy Campaign filed a complaint to the Federal Election Commission, which would additionally require Green to return more than $1,000,000 to his federal account.
The complaint states Green violated not only state laws but also the Bipartisan Campaign Reform Act also known as the McCain-Feingold law, which is a federal law. The 2002 law regulates federal campaign funds and states federal campaign funds can be donated to local candidates in accordance with state laws.
The violation by Green concerns his transfer of $1,242,846 from his federal account to his state campaign in January 2005. This transfer violates the permitted $43,128 donation allowed by the Wisconsin State Law by a margin of approximately $800,000.
Mike McCabe, executive director of the WDC, a nonpartisan campaign watchdog group, says the subject was ""put before the enforcement agency responsible for dealing with the federal law in the area of campaign finances—the FEC.""
However, the issue could also be proposed to the State Election Board at their next meeting on Oct. 4. On that subject, McCabe said, ""it's likely that the elections board would act before the FEC would act.""
According to Kyle Richmond of the State Election Board, ""a vote of majority of the board"" needs to be made in order to hear the issue.
McCabe stated ""Green brought this on himself,"" referring to Green's request for an injunction on the initial $467,844 in contributions deemed illegal earlier this month. The case was ruled by the State Election Board and was upheld earlier this week by Judge Richard Niess of the circuit courts.
McCabe said originally the illegal funds were looked at with ""purely a perspective of state law."" As the trial moved forward to the circuit courts it became apparent to the State Justice Department that more money was illegal, as it violated the Bipartisan Campaign Reform Act.
With only six weeks until elections, this complaint, if ruled in WDC's favor, would be a huge factor in the upcoming election. However, Jay Heck, executive director of Common Cause Wisconsin, said that it would be ""possible for outside groups to weigh in"" with other donations to counteract the lost funds.
Heck agreed with McCabe in viewing the real threat to Green's campaign being the State Election Board.
