His attorney, Marc Elias, in a request for an "advisory opinion,'' asked the FEC to "confirm" the campaign committee's understanding that it can repay the senator up to $250,000 of the $1,650,000 that he lent his 2008 re-election effort. Under the McCain-Feingold campaign finance reform law, Elias wrote, a candidate's authorized campaign committee can repay up to $250,000 in personal loans.

Lautenberg also lent his 2002 campaign $1,510,000. According to Elias, $1,090,000 of the debt remains and has been disclosed in reports to the FEC. Elias wrote the FEC that the $250,000 cap on repayment of personal loans applies only to loans made after the effective date of McCain-Feingold.

The reform law took effect on Nov. 6, 2002, or after Sen. Lautenberg lent the money to his 2002 campaign. "For this reason, we wish to confirm'' that McCain-Feingold permits the 2002 debt of $1,090,000 "to be repaid with funds raised for the 2008 re-election and for his 2014 re-election.'' In a brief interview, Elias said, "I think we will prevail.''

                                                                                                           -- Edward T. Pound