In what appears to be an 11th-hour bid to stymie Republican efforts to finance election ads, the campaign arm of House Democrats is suing the Federal Election Commission to prevent the GOP from taking advantage of a fundraising loophole less than three weeks before Election Day.
The Democratic Congressional Campaign Committee asked a federal court Thursday to declare illegal a Republican strategy of making ads that look mostly like attack ads, but which are paid for by joint fundraising committees as if they are fundraising ads, Axios reported Thursday.
The DCCC claims the strategy lets campaigns subvert limits to how much committees can contribute, but Republicans say the tactic is allowed and that Democrats, including Hillary Clinton and Kamala Harris, have used similar strategies, Axios reported.
Republicans also point to a 2007 FEC opinion that said advertising that asks for campaign contributions must be paid for by joint fundraising committees.
Senate Democrats appealed to the FEC earlier this month, alleging that Senate Republicans violated contribution limits to federal candidates. But the FEC voted 3-3 along party lines, allowing the GOP to continue the practice, according to Axios.
The DCCC's lawsuit states the FEC's inaction forces House Democrats to "compete on uneven terms" or face possible penalties and prosecution if the practice is eventually ruled to be illegal, Axios reported. The lawsuit notes examples of Republican Senate candidates but no House GOP campaigns using the tactic.
The FEC said it doesn't comment on litigation matters, according to Axios.