From The Internet Party:

The New Jersey Senate race fiasco has unearthed a serious flaw in the recently-passed McCain-Feingold campaign finance reform law.



Ad Ban

The new law takes effect after this year's mid-term election. Among other things, McCain-Feingold bars private special-interest groups from presenting television and radio ads identifying federal candidates within 60 days of a general election.

Silenced Groups

If it were in effect today, the New Jersey Sierra Club couldn't inform voters about replacement candidate Frank Lautenberg's environmental platform. The National Taxpayers Union couldn't tell New Jersey voters about Lautenberg's record on tax legislation. And the state chamber of commerce would have to sit in silence about the new candidate's business record.

Loophole

If the court allows the Democratic Party to swap Torricelli's ballot slot for Mr. Lautenberg, a major McCain-Feingold loophole will be opened.

Incoming

If a party is wary of special interests savaging its candidate, they can just send up a decoy. When the 60-day window closes, they'll be free to plug in the real candidate. He or she will then be protected by the advertising ban. Far-fetched? Just look at the maneuvering going on in Trenton today.

McCain-Feingold is undemocratic and unconstitutional. Mr. Torricelli's hanging Chang problem may actually serve a useful purpose if it exposes another flaw in McCain-Feingold.