NHDP files Complaint on Bradley

by: Ray Buckley

Mon Sep 22, 2008 at 14:38:40 PM EDT

NH Dems file complaint with FEC asking for investigation, penalties

(MANCHESTER) Today, New Hampshire Democratic Party Chair Raymond Buckley filed a complaint with the Federal Election Commission asking the body to investigate and penalize Republican Jeb Bradley for a new negative campaign ad that violates election laws by failing to display information at the end of the ad about who paid for it.

"Jeb Bradley is acting like the status quo politician that he is - launching misleading negative attacks and then ducking the law that requires him to disclose at the end of the ad who paid for it," said Buckley. "Maybe he is hoping that over the course of 30 seconds voters will forget who authored and paid for these negative attacks, just like he is hoping that they forget his record of standing with George Bush in Congress on vote after vote that wrecked our economy."

The ad can be viewed here: http://www.youtube.com/watch?v...

The New Hampshire Democratic Party is today filing a complaint with the Federal Election Commission regarding the ad, which is currently airing on WMUR.

Election law guarantees that political candidates receive a special "Lowest Unit Rate" from television stations when placing their ads and requires that these ads include a written disclaimer at the end of the ad identifying who authorized it.  

Specifically, "When a candidate authorizes a television communication, he must include a written statement indicating that he approved the communication at the end of the television communication." 11 C.F.R. §110.11(c)(3)(iii) .

September 22, 2008
Thomasenia Duncan, Esq.
General Counsel
Federal Election Commission
999 E Street, N.W.
Washington, D.C. 20463

Re: Complaint against Jeb Bradley and The Jeb Bradley for Congress Committee

Dear Ms. Duncan,

I write this letter to file a complaint pursuant to 2 U.S.C. § 437g(a)(1) against Jeb Bradley, a candidate for the 1st Congressional District in the state of New Hampshire ("1st Congressional District"), and his campaign committee, The Jeb Bradley for Congress Committee (collectively, "Bradley").  

Bradley has violated the Commission's disclaimer requirements for television communications.  In a television advertisement that is airing on at least one television station in the 1st Congressional District, Bradley failed to include a written statement at the end of the television communication stating that candidate Bradley approved the advertisement and that Bradley paid for the advertisement.   Because paying for a television communication that does not include the required written statement at the end of the communication represents a violation of federal law, the Commission should act immediately to investigate this matter and impose penalties against Bradley.

STATEMENT FACT

Bradley has paid for a television advertisement that is airing on at least one television station in the 1st Congressional District.  The advertisement, titled "Vacation", is available here: http://www.youtube.com/watch?v... and on Bradley's website here: http://www.jebforcongress.com/...

While a written disclaimer appears on screen at the beginning of the advertisement, no written disclaimer appears on screen at the end of the television communication indicating that Bradley paid for the advertisement or that the message was approved by candidate Bradley.

ARGUMENT

When a candidate authorizes a television communication, he must include a written statement indicating that he approved the communication at the end of the television communication. 11 C.F.R. § 110.11(c)(3)(iii) (emphasis added.)  

The purpose of the law is to require candidates to demonstrate their support for the statements made in advertisements after the communications have been made.  Rather than obey the law and take responsibility for his ad as required by law, Bradley violated §110.11(c)(3)(iii).  

For these reasons, the Commission should immediately find reason to believe that Bradley violated the law, and seek civil penalties commensurate with the amounts spent on the advertising.  

Sincerely,
Raymond Buckley  
New Hampshire Democratic Party Chair