Cruz campaign files complaint with FEC over Allred, Democratic committee ads

U.S. Sen. Ted Cruz’s campaign filed a complaint late Thursday with the Federal Election Commission alleging that his Democratic challenger was coordinating with the Democratic Senatorial Campaign Committee on television ad buys in violation of federal law.

U.S. Rep. Collin Allred, D-Dallas, is challenging Cruz, a Republican running for reelection to his third term. Cruz, a constitutional scholar who clerked for federal judges, including the late former U.S. Supreme Court Chief Justice William H. Rehnquist, is being challenged by Allred, a former NFL football player.

Cruz is ahead in the polls, but not by much, The Center Square reported.

The complaint was filed by Ted Cruz for Senate and asks the FEC to “immediately investigate and put a stop to this flagrant violation of federal law.”

According to FEC data, the DSCC and Colin Allred for Senate campaign have placed $10,626,467 million in advertising buys and reservations with Texas television stations through Nov. 5.

“This amount far exceeds the DSCC’s $2,835,500 coordinated party expenditure limit for the Texas U.S. Senate race, as well as the $5,671,000 combined coordinated party expenditure limit if the Texas Democratic Party were to assign its separate limit to the DSCC,” the complaint states.

The complaint also cites four television ads, claiming they were “Paid for by the DSCC and Colin Allred for Senate. Approved by Colin Allred.”

According to FEC guidance, hybrid ads aren’t subject to party expenditure limits. In order to be a hybrid ad, they must have “time/space balance in their proposed television advertisements … equally divided between the clearly identified federal candidate . . . and the generically referenced candidates.”

Half the ads must address a national party or issue, according to the guidance, and the candidate’s campaign must pay for half of the cost of the ad.

The Cruz complaint argues the four DSCC-funded Allred ads don’t qualify as “hybrid ads,” citing the FEC guidance.

The alleged violation would mean that Allred’s campaign potentially received millions of dollars worth of in-kind contributions from DSCC in violation of the law.

In response, Allred's campaign hasn’t issued a statement other than to refer inquiries to the DSCC. The DSCC maintains the ads follow FEC guidance on hybrid ads. The FEC has declined to comment.

"The DSCC is running the same kind of advertisements that the (National Republican Senatorial Committee), the Republican National Committee and Republican members of the FEC all argued are legal – and that are being run by Republican Senate campaigns across the country," a DSCC spokesperson said, The Houston Chronicle reported.

The DSCC is referring to a challenge made by Democrats earlier this year to the NRSC paying for ads that appeared to raise money for a candidate reportedly to pay less expensive advertising rates. The FEC voted on the issue, but remained deadlocked in a 3-3 vote, enabling the practice to continue.

In response, the DSCC said they would use the same tactic. “Moving forward the DSCC is committed to ensuring our campaigns do not operate at a disadvantage in the closing weeks of the campaign and will utilize the same tactics that are being employed by Republicans regarding joint committee advertising,” a DSCC spokesperson said, Politico reported.

Cruz’s FEC complaint was filed after two groups filed a complaint with the FEC claiming Cruz’s Truth and Courage PAC violated campaign finance rules by receiving more than $630,000 from iHeartMedia, Inc., which markets and distributes his podcast, “Verdict with Ted Cruz.”

In response to that complaint, the Cruz campaign said, “Senator Cruz appears on ‘Verdict’ three times a week for free. He does this to pull back the veil on the corrupt inner workings of Washington – none of which ever get fairly covered. How convenient that the mainstream media and the cogs in the machine of the Biden-Pelosi Democrat Party want this to stop.”

As early voting began Monday in Texas, two new Texas-based polls show Cruz is ahead by roughly 4 to 5 points. Polls also show that more Hispanic and Black Texas voters are voting for former President Donald Trump.

In some voting locations in Cruz’s hometown of Houston, since early voting began, long lines extend for blocks at all times of day; some voters have waited an hour to vote, they told The Center Square.