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Ethics Questions

Monday, January 26, 2009 4:00 PM


The Federal Election Commission, in a draft advisory opinion, has given Sen. Frank Lautenberg's campaign committee the go-ahead to use contributions to repay the New Jersey Democrat for $1,340,000 in loans he made to his 2008 and 2002 Senate campaigns.

Lautenberg, a millionaire, won re-election to a fifth term last November, and lent his campaign $1,650,000. FEC lawyers, responding to a request for an advisory opinion from Lautenberg's lawyer, Marc Elias, wrote that the senator's campaign committee could repay the senator up to $250,000 for loans he made to the committee for the 2008 primary election. That is the limit imposed on repayment of personal loans after an election, established by the McCain-Feingold campaign finance law, which took effect on Nov. 6, 2002.

Separately, the FEC opinion said that the $250,000 cap does not apply to loans made before the effective date of McCain-Feingold. Of the funds Lautenberg lent to his 2002 campaign, $1,090,000 of the debt remains. "The (campaign) committee may use contributions received for the 2008 election or that will be received for the 2014 election to repay the entire outstanding amount of Senator Lautenberg's personal loan to the committee for the 2002 election,'' FEC lawyers concluded. The six-member commission is scheduled to meet Friday, and the advisory opinion is among the issues to be reviewed.

                                                                                           --Edward T. Pound

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