The DNC will today announce that they intend to file a lawsuit next week in U.S. District Court to spur an FEC inquiry over whether John McCain illegally withdrew from the federal financing system.



The committee first issued a complaint to the FEC in February, but In April a federal judge ruled that, even though the FEC lacked a quorom, they still could convene before the end of the 120 days they're given to examine complaints.



Now, with those 120 days expiring on June 24th, the DNC is acting again in hopes a judge will compel the FEC to act on their complaint, as is allowed by law.



At issue is whether McCain locked himself into spending limits in the primary by putting up anticipated matching funds as collateral for the loan that helped keep his underfunded campaign alive at the end of 2007.



Democrats hope to puncture a hole in McCain's good government image by pressing the issue while Republicans dismiss it as totally groundless.



First, though, the FEC needs to have sufficient members to form a quorom. With one nominee having withdrawn from consideration last month, the Senate appears to be finally ready to confirm additional commissioners in the next few weeks.



UPDATE: RNC Chief Counsel Sean Cairncross responds and dismisses the coming suit.



“Having been thrown out of court just one month ago, the DNC now announces that it will once more file the same meritless lawsuit, again wasting judicial resources for its own political agenda. Once again, the DNC has neither the law nor the facts on their side. The controlling FEC regulation unequivocally states that the primary spending limits ‘shall not apply to a candidate who does not receive matching funds at any time during the matching funds period.’ (11 CFR § 9035.1(d)) No one claims the Campaign ever received a matching funds payment.

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