February 25, 2004

Stand By Your (Running Mate's) Ad

Polipundit reprints some speculation here by the editor of The Hotline that anti-Kerry ads run by the Bush campaign could include an authorization on camera (required by BCRA section 311 (2 U.S.C. section 441d)) of the advertising content done not by President Bush, but by Vice President Cheney. Mickey Kaus further speculates here (see under the heading: "Don't Leave Your Dogma in the Karma Unattended") that the electors in each state pledged to Bush could make the statement. This latter strategy appears to me not to work, because it is the Bush/Cheney campaign committee that is paying for and authorizing the statement, and BCRA requires that the "candidate" whose committee is paying for the ad must make the statement.

On the original question involving Cheney, my quick perusal of the FECA did not find anything directly speaking to the question. The FECA certainly contemplates treating the president and vice president as a single unit for purposes of establishing political committees, etc. I'll send this query to the election law list, and link to any responses that shed more light on the Cheney question.

Posted by Rick Hasen at February 25, 2004 11:36 AM