Press Release: Mario Diaz-Balart in Violation of Federal Election Law
FOR IMMEDIATE RELEASE
Date: October 16, 2008
Contact: Melissa Agudelo
E-mail: magudelo@joegarcia08.com
DIAZ-BALART IN VIOLATION OF FEDERAL ELECTION LAW
Diaz-Balart’s attack ads break FEC regulation
(Miami, FL) - The South Florida AFL-CIO today filed a complaint with the Federal Election Commission regarding violations of Federal Election Law by Florida 25th Congressional District candidate Mario Diaz-Balart. Diaz-Balart has been running radio ads on Spanish stations in which he never verbally approves the communication. This is in direct violation of 11 C.F.R. 110.11(c)(3), the “Stand by Your Ad” Provision. The ad can be downloaded here.
“If Mario Diaz-Balart is going to go on Spanish radio and spread lies about Joe Garcia and important union issues, he should at least stand by what he says,” said Andy Diaz, spokesman for Joe Garcia. “Diaz-Balart must stop running these lies, or he needs to stand publicly by them.”
According to Federal regulation 11 C.F.R. 110.11(c)(3), “[a] communication transmitted through radio must include an audio statement by the candidate that identifies the candidate and states that he or she has approved the communication.” [emphasis added]
Over the past week, Mr. Diaz-Balart has aired at least two different advertisements of 12 to 15 minutes on numerous occasions on at least three South Florida radio stations-WBQA 1140 AM, WAQI 710 AM, and WSUA 1260 AM. On WSUA 1260 AM, the ads aired on Oct. 8 and Oct. 15, from 9:30-9:45 a.m. None of the ads include the legally mandated disclaimer by the candidate saying that he approves the message.
Are we sure he placed these ads himself? Is it not possible for someone to place an ad on beHALF of a candidate? There’s got to be some tricky way around this for Diaz-Balart, or he has no fear, figuring it’ll get buried in the avalanche of final-week campaign press, or maybe he’s just not as smart as we give him credit for. But how are we to know that Diaz-Balart ran these ads himself, and if they were NOT ran by him or his campaign, are they still illegal?
Hmm… I’ve gone back now and read the statute after leaving my comment, and I’ve come to the conclusion that ANYONE placing an ad which is anti-Garcia and mentions Diaz-Balart could be in violation without the disclaimer. This is something that’s worth following up on. Too bad it’s so late in the game.