Will the real Reform Party nominee stand up? FEC to decide

By Eun-Kyung Kim, Associated Press, 08/22/00

WASHINGTON -- Summoned to referee a Reform Party fight, election officials are preparing to decide, reluctantly, who should get $12.6 million in federal presidential campaign funds: conservative firebrand Pat Buchanan or virtual unknown John Hagelin.

Whatever the Federal Election Commission rules, both sides say the next stop probably will be in court.

Both candidates claimed the Reform mantle earlier this month during the party's convention, a raucous gathering that ended with the two factions selecting separate presidential nominees.

Election law requires a "minor party" candidate seeking federal funding to certify he is on the ballot in at least 10 states. The FEC has 10 days to rule on an application once a candidate submits all necessary paperwork. Both Buchanan and Hagelin expect to turn in all necessary forms by the end of the week.

"It is conceivable that you could have more than one candidate eligible for the money," said Sharon Snyder, an FEC spokeswoman.

If that's the case, it's unclear what could happen "because we've never been faced with this situation," she said.

Any FEC action require votes from four of the six commission members. The agency will hold a regularly scheduled meeting Thursday but Snyder said it was uncertain whether Reform Party funding would be on the agenda.

The Reform Party members supporting Buchanan say the former Republican defeated his opponent by a nearly 2-1 margin in a primary ballot count. Supporters of party founder Ross Perot insist fraudulent ballots corrupted the tally, and they say Hagelin is the real nominee.

The winner would be entitled to campaign with $12.6 million in taxpayer money, a figure based on Perot's performance in the 1996 general election.

"The FEC simply does not want to make this kind of decision, but whatever decision it does make, the other side will challenge it in federal court and that's where it will end up," said Jim Mangia, a party activist backing Hagelin.

John Duffy, an attorney for the Buchanan campaign, expressed confidence that the money would go to his candidate. Hagelin neither won a majority of convention delegates earlier this month, "nor has he won the popularity poll," Duffy said.

"Time is of the essence in every campaign. Every day that we do not have available the money we ought to have available is obviously a problem," he said. "But I think the courts will recognize -- and I think the FEC will recognize -- that important fact and they will work diligently to get us the money as soon as possible, despite whatever obstacles Mr. Hagelin throws in the way."

On Tuesday, Reform Party chairman Gerry Moan, a Buchanan backer, sued Hagelin in federal district court for claiming to be the party's "proper" presidential nominee.

Donna Donovan, press secretary for Hagelin's campaign, called the lawsuit "bogus."

"It's pre-emptive because this matter is already before the FEC. You have to allow the administrative process to proceed," she said. "The lawsuit seems like a thinly veiled attempt to influence the FEC, and it doesn't have any standing."

Hagelin said he plans to campaign regardless of whether or not he gets federal funding, thanks to the help of his millionaire running mate, Nat Goldhaber, a high-tech entrepreneur.

The federal money "will not make or break my campaign," Hagelin said at a news conference Tuesday in Los Angeles as he announced plans to travel to Silicon Valley to raise funds.