Just in via release...
With reports indicating John McCain has begun the process of applying for public funds in the general election, the Democratic National Committee today announced that it will file suit Monday with the U.S. District Court in D.C. seeking to compel the Federal Election Commission to conduct an investigation into McCain's decision to unilaterally withdraw from FEC's matching funds program. McCain's campaign is also breaking the spending limits to which they agreed when they applied for the matching funds.
Since the FEC lacks a quorum, it has not been able to begin an investigation into the complaint the DNC filed against McCain in February. Where the FEC fails to act, the law permits a complaining party to file a suit asking the Court to compel the Commission to act on the complaint. If the FEC still lacks a quorum when the time comes for the Court to direct the FEC to act, the DNC will ask the Court to authorize the DNC itself to bring a suit against Senator McCain and his campaign to remedy their violations of the law.
http://www.mydd.com/story/2008/4/13/135010/084