This article first appeared in the St. Louis Beacon, Sept. 29 2011 - Businessman John Brunner's expected Republican bid for the U.S. Senate has prompted the Missouri Democratic Party to file a formal complaint with the Federal Election Commission, which contends that Brunner has spent too much money -- and made too many candidate-like comments and appearances -- prior to Monday's announcement.
Brunner's camp contends that the Democrats are acting scared. In the complaint, state Democrats note that candidates are to file their candidacy before they spend more than $5,000 on their campaign. Brunner, the party says, appears to have already spent far more than that.
Democrats point to Brunner's hiring consultant John Hancock, whose firm has been paid at least $118,000 by various other Republicans since 2009, according to documents filed with the Missouri Ethics Commission.
Brunner's payments to Hancock have not yet been disclosed, since Brunner has yet to file a report.
"The rules allow an individual who genuinely has not decided to run for office to 'test the waters,' and to defer filing until a decision is made," the Democratic Party said in a statement. "But he becomes a candidate if he or she takes actions that reflect actual candidacy -- for example, by making or authorizing 'written or oral statements that refer to him or her as a candidate for a particular office.'"
An FEC spokeswoman -- while steering clear of this specific case -- referred to the agency's "testing the waters" guidelines, which do allow unlimited spending and travel, as long as a candidate is clearly not a candidate.
There also is no limit on how much a candidate can spend of their own money on their campaign, even after they declare.
The Missouri Democratic Party alleges that Brunner's actions, including appearances at Republican events and his public comments to the press, cross the political line.
The complaint lists some examples in detail, including published comments since April from Brunner or Hancock about the likely campaign.
Brunner is expected to declare Monday in St. Charles that he is seeking to unseat U.S. Sen. Claire McCaskill, D-Mo. Two other Republicans already are in the contest: U.S. Rep. Todd Akin, R-Wildwood, and former state Treasurer Sarah Steelman.
The state Democratic Party also notes that Brunner's announcement Monday comes after the deadline for filing a campaign-finance report on Oct. 15. As a result, he will not need to file a report detailing his contributions and expenditures until Jan. 31.
"For months, John Brunner's campaign has relied on his ability to hide behind professional political consultants and his extreme personal wealth to avoid any accountability," said state Democratic Party spokeswoman Caitlin Legacki.
"It's deeply troubling to see someone who made his fortune inheriting a multi-million-dollar cleaning products company using that money to run such an unclean campaign right out of the gate."
Hancock replied, "They are obviously very scared of John Brunner. I feel sorry for them."
UPDATE: The allegations against Brunner appear similar to those made against 2008 presidential hopeful Fred Thompson in a similar complaint. The FEC observed in its findings that "during the "testing the waters" period, the individual may, among other things, conduct polls, make telephone calls, and travel to determine the viability of the potential candidacy..."
Activiities that leave no doubt of a candidate's inclinations, the FEC continued, include "running general political advertising; raising funds in excess of that which would be reasonably required for exploratory activities; making or authorizing written or oral statements referring to the individual as a candidate; conducting activities in close proximity to the election; and taking action to qualify for the ballot under state law. .."
Thompson, an actor and former U.S. senator from Tennessee, was cleared by the FEC, although its report observed that his "statements and activities may have tested the boundaries of the 'testing the waters' exemption..."