[Cboldt]

Here's another successful "opt out," the other being Dean's opt-out in 2003. Dole's also occurred BEFORE the FEC issued it's December "authorized certification of funds," days before the start of the election year.

I wonder if McCain's timing, sending an "opt out" letter a month into the election year, and AFTER the FEC had certified funds, is unprecedented. Even it it is, that doesn't mean he should lose the ability or right to "opt out," but his situation is distinguishable from past opt-outs.

McCain's lawyer, Trevor Potter, said Wednesday evening that McCain has withdrawn from the system and that the FEC can't stop him. Potter, who was FEC chairman in 1994, said the campaign did not encumber the public funds in any way.

"Well, it was done before in another campaign. ... We think it's perfectly legal. One of our advisers is a former chairman of the FEC, and we are confident that it was an appropriate thing to do," McCain told a news conference Thursday.

So says the decider. Go get 'em Tiger.

Federal Election Commission - Volume 26, Number 2 (Feb 2000)

    Dole Requests Withdrawal of
    Certification for Matching
    Funds
   
       On December 22, 1999, the
    Commission withdrew its certifica-
    tion that Republican candidate
    Elizabeth Dole and the Elizabeth
    Dole for President Exploratory
    Committee (the Committee) were
    eligible to receive public matching
    payments. The action came after
    the Committee withdrew its request
    for the funds. Accordingly, the
    Treasury Department will not
    provide any public funds to the Dole
    campaign, and the FEC will not
    conduct a mandatory audit of the
    Committee pursuant to 26 U.S.C.
    §9038(a). (Section 9038(a) of Title
    26 requires the agency to audit any
    Presidential committee that accepts
    public matching funds.)

      On July 30, 1999, the FEC had
    determined that the Committee had
    satisfied the eligibility requirements
    of 26 U.S.C. §9033 to receive
    Presidential primary matching
    funds. Mrs. Dole withdrew from the
    Presidential race on October 20,
    1999.

[Cboldt]

The best piece I've found on the current McCain/FEC dispute ...

Everything You Need to Know About John McCain and Matching Funds - by Brad Smith

[Republican] Mr. Smith "has the chops" to render an opinion here. In fairness, it's notable that he and Trevor Potter (McCain's lawyer and advocate for strict campaign finance regulation) are generally at odds on First Amendment questions, and that Mr. Smith may be viewed as "biased" against Senator McCain that reason. I have also seen a report that Mr. Smith's [year 2000] nomination to the FEC was held up by one Senator McCain.

I haven't researched the history of Republican chairman of the FEC, David M. Mason.

Mr. Smith has the bottom line dead on. "Regardless of all the legal maneuvering, the bottom line is that Senator McCain is going to blow through the spending limits and take his chances with the FEC down the road."

Yep. $25,000 fine and a hollow threat of jail time is not a deterrent. At any rate, read Smith's "Everything You Need to Know."