The Smell of Desperation?

AP: Kerry Considers Delaying Nomination


By NEDRA PICKLER and SHARON THEIMER, Associated Press Writers

BOSTON - Democratic presidential candidate John Kerry (news - web sites) is considering delaying accepting his party's nomination to gain time to raise and spend private contributions and lessen President Bush (news - web sites)'s multimillion-dollar financial advantage, The Associated Press has learned.


The Democratic Party would still hold its national convention in Boston at the end of July. If Kerry were to delay acceptance of the nomination for a month, he would even the playing field with Bush, who plans to accept his nomination at the Republican National Convention in New York five weeks later.


Kerry's campaign and the Democratic National Committee (news - web sites) are still considering specifics of such a plan. Delegates could be asked to nominate Kerry at the convention or gather at a later time for a vote. At the convention, Kerry could give an acceptance speech or just address delegates.


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


"We are looking at this and many other options very seriously because we won't fight with one hand behind our back," Kerry spokeswoman Stephanie Cutter said Friday. No timetable has been set for a decision, she said.


Cutter said other options being considered include having the Democratic National Committee or local and state Democratic parties raise more money to support Kerry's candidacy. Kerry would have no control over much of the money raised by the party. By law, the DNC cannot coordinate more than roughly $16 million of spending with Kerry's campaign in the general election.


Kerry and Bush skipped public financing for the primary-election season, enabling them to spend as much as they wish until their parties officially nominate them at conventions this summer.


Since becoming the party's presumptive nominee in early March, Kerry has broken Democratic fund-raising and spending records. He raised roughly $31 million last month alone, pushing his campaign total to a Democratic record $117 million.


Kerry started May with $28 million in the bank, far less than Bush's $72 million but still a Democratic record. Bush has raised more than $200 million so far.


The Federal Election Commission (news - web sites) and courts have traditionally deferred to party rules to determine how a candidate is nominated, said Larry Noble, former FEC general counsel. The FEC provides the general-election financing after the candidate is nominated according to the party's rules.


It's possible the DNC could change its nominating procedures before the convention, such as deciding to have delegates vote later by mail or by proxy.


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


However, delaying the nomination could have implications for the roughly $14 million in government financing the DNC received to hold its nominating convention, he said.


The convention is defined as when the nomination takes place, Noble said. Having delegates vote in Boston, but Kerry put off his acceptance, might not pass muster, he said.


"They would have to come up with an argument that would basically look at the convention as continuing past the convention dates," Noble said. "Could they do it? It's possible. In the end it would be up to the FEC and possibly the courts, if it's challenged."


If Kerry is nominated in late July as the party planned, he will have to make his $75 million check last a month longer than Bush will. Because the Republican convention is timed later than the Democratic gathering, Bush would have about a month more to raise money from private contributors than Kerry.


When the Democratic Party scheduled its convention, it didn't know it would have a nominee who opted out of public financing for the primaries and the $45 million spending limit the program imposes through the spring and summer.


At the time, the party anticipated it would face the same situation it has in previous elections: a nominee who emerged from the primaries hovering at the spending limit and had to limp through several months awaiting the convention and the campaign-sustaining government financing.

The DNC signaled it may be open to changing the rules.

"We're going to make sure this party and this nominee is competitive," said DNC spokeswoman Debra DeShong.

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Associated Press Writers Liz Sidoti and Ron Fournier contributed to this report.