November 12, 2008...8:13 am

Guess Who’s Getting Audited?

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Hint; it’s not the one who got caught accepting illegal donations.

Obama is expected to escape that level of scrutiny mostly because he declined an $84 million public grant for his campaign that automatically triggers an audit and because the sheer volume of cash he raised and spent minimizes the significance of his errors. Another factor: The FEC, which would have to vote to launch an audit, is prone to deadlocking on issues that inordinately impact one party or the other – like approving a messy and high-profile probe of a sitting president.

McCain, on the other hand, accepted the $84 million in taxpayer money, which not only barred him from raising or spending more – allowing Obama to fund many times more ads and ground operations – but also will keep his lawyers busy for a couple years explaining how every penny was spent…

[I]ronically, the historic volume of Obama’s small contributions, which may have made it tough for the campaign to weed out problem donations, may also help spare Obama an audit.

That’s because the byzantine formula the FEC staff uses to determine whether a campaign has engaged in “substantial” violations of federal election rules – the trigger to recommend an audit to commissioners – takes into account the size of the campaign’s coffers, according to David Mason, who served as a Republican appointee to the FEC until this year.

“So if a House campaign makes a $100,000 error, that’s huge and they’re likely to get audited,” he said. “If a campaign the size of the Obama campaign has a $100,000 error, then maybe not. It would depend on what the error is, obviously,” he said, explaining that mere accounting snafus are unlikely to prompt an audit. More serious and systemic problems, such as illegal contributions, result in campaigns getting tagged with more “audit points,” Mason explained. “If you get enough audit points, you get audited,” he said, adding “nobody outside the commission would know how many audit points the Obama campaign has.”

So let me get this straight; the more money you raise, no matter how questionable the way you raised it may be, the less likely it is you’ll get audited by the FEC. Under those kind of rules, please explain to me why any candidate in the future would opt in to the public financing system. Indeed, explain to me why the next POTUS candidate wouldn’t engage in even more questionable cash-raising activities? And what the hell happened to Mr. Transparency?

PS – Am I the only one who finds it ironic that it was in the year that McCain had his closest shot at being POTUS that campaign finance reform died?

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