FOLLOW THE MONEY:

Future of Torricelli's campaign fund unclear (Kaitlin Gurney, Oct. 02, 2002, Philadelphia Inquirer)

U.S. Sen. Robert G. Torricelli was a storied fund-raiser, propelling his own rise, along with that of the Democratic Party, on his ability to secure generous campaign contributions.

After his withdrawal Monday, his war chest - more than $6 million - was all that remained of his troubled quest for reelection. Campaign manager Ken Snyder said yesterday that the senator "wants to be as helpful as possible to the party's nominee, and decisions will be made with that goal in mind."

But whether Torricelli's money can be used to aid his campaign successor is the subject of legal debate, pundits and professors said yesterday.

Paul Sanford, director of the Federal Election Commission Watch for the Center for Responsive Politics, said he believed legal precedent suggested Torricelli should return his unspent money to donors.

"This is uncharted legal ground because the FEC has never faced a situation where someone remained a candidate for almost the whole election cycle and then dropped out," Sanford said. "FEC regulations say that if you receive contributions and end up not being a candidate, you are required to refund them. But that is generally directed at people who lose a primary election, so I don't think it applies that cleanly here."

But Richard Perr, a professor at Rutgers University's School of Law in Camden, said he thought Section 439A of the U.S. Code was more likely to prevail. It states that a candidate may keep such money for another campaign, donate $1,000 to other candidates or $5,000 to a political action committee, give the money to charity, or transfer unlimited amounts to a national political party, such as the Democratic Senatorial Campaign Committee.

"The DSCC could spend it in South Dakota, but most likely it would be done with a wink and a nod to facilitate the election in New Jersey," Perr said.

So let's get this straight, not only does the Party get to pick a new candidate for NJ they also get to transfer money to other races where they're in trouble? Where are all the Campaign Finance Reform voices on this one? Posted by Orrin Judd at October 2, 2002 9:55 AM