Kerry ponders a delay strategy to level financial playing field

By Dan Balz and Thomas B. Edsall
The Washington Post

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BOSTON — Sen. John Kerry may take the unprecedented step of delaying formal acceptance of his nomination as the Democratic candidate for president this summer in an effort to reduce President Bush's financial advantage for the general-election campaign, Kerry advisers said yesterday.

Campaign officials confirmed they're actively considering an extraordinary plan under which Kerry wouldn't be nominated formally at the Democratic National Convention in late July and instead would be designated as the party's nominee weeks later, around the time of the Republican convention.

Kerry and Bush both are expected to accept $75 million in full federal funding for their general-election campaigns. Once nominated, the candidates will be limited to spending the government money and can no longer raise or spend private contributions on the campaign.

The proposal would let Kerry hold off on spending his $75 million general-election budget for an extra month — to match Bush's timetable — and, like Bush, allow him to continue his private campaign fund raising through August.

The plan, one of several ideas that campaign and party officials said are being discussed to level the financial playing field with the Republicans, is fraught with political complications — maintaining excitement at the convention and countering Republican criticism among them — and some legal questions, as well.

Aboard his campaign plane en route to a fund-raiser in Connecticut last night, Kerry declined to comment. Asked whether he would accept the party's nomination in July, he replied with a grin, "I will accept the nomination."

It's unclear whether formally choosing to delay his acceptance of the nomination would be sufficient for Kerry to satisfy the law. The law states that the public-financing period begins "with the first day of September before the election, or, if earlier, with the date on which such major party at its national convention nominated its candidate for election to the office of President of the United States."

The question may boil down to what the definition of "nominated" is — the vote by delegates or the acceptance by the candidate.

Kerry probably needs an advisory opinion from the Federal Election Commission before deciding how to proceed. Said FEC spokesman Bob Biersack: "It sounds on its face like the relevant event is the vote of the delegates."
 
The FEC and courts, however, traditionally have deferred to party rules to determine how a candidate is nominated, former FEC general counsel Larry Noble told The Associated Press.

"I don't see anything in the general-election campaign laws that would stop the party from changing the nomination dates," said Noble of the nonpartisan Center for Responsive Politics.

The idea first was reported by AP yesterday and immediately confirmed by campaign officials. "It's something we're working on collectively with the party, and the party is committed to leveling the playing field and not fighting with one hand behind our backs," Kerry spokeswoman Stephanie Cutter said. "Nothing is final, and a lot of things are being discussed."

Republicans immediately attacked Kerry for considering the unusual idea. "Only John Kerry could be for a nominating convention, but be against the nomination," said Ken Mehlman, campaign manager for Bush's re-election committee.

"This is just the latest example of John Kerry's belief that the rules are for other people, not for him."

Democratic Party and Kerry campaign officials brushed aside the criticism.

The Democratic convention begins July 26 in Boston, while the Republican convention begins Aug. 30 in New York. Under federal law, each major party nominee will receive a check for $74.69 million to finance that general-election campaign. Receipt of the money is triggered by formal acceptance of the nomination, and no money raised for primaries can be used on behalf of the nominee's campaign after that point.

Because of the timing of the two conventions, Kerry would have to start spending his $75 million at the end of July, while Bush could wait five weeks to begin spending his. Between the two conventions, Kerry would be spending public money while Bush could continue to tap his record-breaking campaign treasury.

The issue became public after officials raised the idea of postponing the nomination at a meeting Thursday in Washington. Other options include raising more money than planned for the Democratic National Committee or state parties.

Both Bush and Kerry opted out of the public-financing system for the primaries, allowing them to raise unlimited amounts of regulated money until their conventions.

In part because the Kerry campaign has been unexpectedly successful in raising money since wrapping up the nomination, officials want the flexibility to keep doing so as long as possible.

"We are just looking at the overwhelming success he has had over the last 80 days," campaign spokesman Michael Meehan said. "He has raised over $1 million (a day) — $89 million in 80 days."

Democratic Party officials and lawyers said they see no significant legal bar to postponing the formal designation of their presidential nominee. Don Fowler, former Democratic National Committee chairman, said the national convention is the ultimate authority for party rules, and that an "appropriately drawn resolution" could be approved at the July convention that sets out what constitutes formal acceptance of the nomination.

"I don't think it's a big legal thing," Fowler said. "The convention can do what it wants."

Democratic officials said they also are exploring a reconvening of delegates to the convention, although trying to do so physically appears unlikely. There is talk of convening through the Internet or a conference call.

Fowler said the convention could give authority to the national committee itself, which could convene around Sept. 1 and designate Kerry as the nominee. In 1972, when presidential nominee George McGovern had to dump his vice-presidential nominee, Sen. Thomas Eagleton of Missouri, the DNC convened to pick Sargent Shriver as his replacement.

But some party leaders worried yesterday that delaying the nomination would diminish the significance of the convention itself.

Political strategists see the national conventions as among the most important moments of the campaigns, despite the fact that they are heavily scripted.

Kerry officials said yesterday they already were discussing unconventional approaches to their convention because of limited prime-time interest by the major broadcast networks.

Asked how Kerry could deliver the traditional acceptance speech if he is not the nominee, Cutter said, "That comes down to semantics, doesn't it?"

The definition of the law and FEC response was provided by Knight Ridder Newspapers and The Associated Press.