BOSTON — A Washington, D.C.-based campaign watchdog has filed a complaint against a group backing Rep. Seth Moulton’s bid to topple Sen. Ed Markey, accusing the “dark money” organization of violating federal campaign laws with a comical attack ad targeting the incumbent lawmaker.
In the complaint, filed Thursday with the Federal Election Commission, the Campaign Legal Center alleges that MA Progress Action is violating federal laws by engaging in third-party electioneering without registering as a political action committee, which would require it to disclose its fundraising and spending.
The complaint argues that while MA Progress’ stated purpose is “promoting social welfare through public education and civic engagement” its only activity as an nonprofit organization “has been spending over $75,000 to air a political attack ad against a federal candidate.”
There is no listing for the group as a 501(c) nonprofit in the Internal Revenue Service’s database for tax-exempt organizations, the complaint said.
“Under these circumstances, there is reason to believe MAPA triggered political committee status and therefore must register, organize, and report as a political committee under FECA; its failure to do so constitutes a current and ongoing violation of FECA’s requirements,” the center’s complaint states.
In a statement, MA Progress called the complaint “frivolous” and said the center “misstates” federal campaign finance laws.
“MA Progress Action’s ads are educational and use humor to highlight concerns about long-serving, aging politicians,” the group said. “They encourage the public to call Senators who have been in office for decades to pass the torch to a new generation.
“Because these ads do not qualify as independent expenditures, MA Progress Action is not required to file independent expenditure reports with the FEC.”
MA Progress, founded by private equity executive and longtime Moulton supporter Todd Kanter, hit the air waves last week with a satirical ad suggesting that the 79-year-old Markey and other veteran Democrats in Congress are suffering from “Chronic Reelection Disorder” by continuing to run for office despite their old age.
“There’s a disease that’s sweeping the nation. It can’t be cured by medicine or exercise,” a narrator says in the spot. “Symptoms include being stuck in the past, losing touch, and not being up for today’s fights. Doctors agree: democracy suffers when politicians won’t pass the torch.”
Markey is running for reelection amid questions of generational power in U.S. politics, which continue to loom over the Democratic party after former President Joe Biden’s embarrassing exit from the 2024 presidential race. Moulton has made Markey’s age a key factor in his bid to unseat the veteran lawmaker.
Kanter said last week goal of the anti-Markey ad campaign is “to educate the public in a way that is engaging, memorable, and grounded in fact, so people can better understand the tenure and effectiveness of their representatives in Washington.
“Massachusetts deserves to have a clear understanding of how long our nation’s elected leaders have been in Washington,” he said. “At a time when there is widespread discontent about career politicians in Washington, there is growing public interest in conversations around generational change in leadership.”
But the center alleges in its complaint that the group’s electioneering have crossed a line that require it to register as a political action committee, which would allow voters to see who is paying for the anti-Markey ad campaign. Otherwise, they are in violation of federal campaign finance laws.
“The available information provides reason to believe MAPA has become a political committee in connection with its spending on the MAPA ad, and thus that it has violated its legal obligations under FECA by failing to register, organize, and report as a political committee,” the complaint states.
Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.