According to a complaint filed Thursday with the Federal Election Commission, U.S. Rep. Mark Green, R-Wis., should have to return all but $43,128 of the nearly $1.3 million he transferred to his gubernatorial campaign.

Mike McCabe, executive director of the political watchdog group the Wisconsin Democracy Campaign, filed the complaint, which challenges even more money than the $467,844 from out-of-state political action committees McCabe originally reported to the State Elections Board.

The money was part of about $1.3 million Green transferred from his federal account to his state account, resulting in an SEB ruling to divest the money, after the board ruled the transfer illegal according to state law.

"Green brought this on himself by challenging the initial order, because now much more money is at legal risk," McCabe said. "The issue raised by the state Department of Justice is that federal law allows Green's congressional campaign to donate no more than $43,128 to his campaign for governor."

McCabe referred to the DOJ attorneys representing the Elections Board who filed a legal brief citing the 2002 Bipartisan Campaign Reform Act, or the "McCain-Feingold Bill." Though the BCRA allows candidates to transfer leftover funds from their federal campaigns to their state campaigns, the transferred money is still subject to state law. And according to Wisconsin law, the maximum contribution a congressional committee can make to a state committee is $43,128.

In an effort to block enforcement of the Elections Board's Aug. 30 order to divest the originally contested $468,000, Green sued. He eventually lost in Dane County Circuit Court Monday. But according to Don Millis, Green for Wisconsin's attorney, the campaign plans to file an appeal in the next day or two, adding the new complaint "is not much of an issue" for the current case.

"To my understanding, the FEC staff review the complaint, and if it is [in order] will serve it to Mark Green's people, who will have an opportunity to reply," Millis said. "It's a much longer-term deal [because] FEC review can take years."

The FEC, or Federal Election Commission, is an independent regulatory board with six full-time staff members — three Democrats and three Republicans. Its duties include limiting the sources and amounts of contributions used to finance federal elections, requiring public disclosure of campaign-finance information and providing for the public funding of presidential elections.

Despite the results of Green's current case, McCabe hopes the FEC will investigate his new complaint, adding it could also result in further fines.

"If there is a violation of campaign finance law, and if he accepted illegal donations, not only would he be forced to get rid of the funds, but he would also be fined for breaking the law," he said. "We're asking the FEC to consider that."

Yet Green's campaign hopes for a speedy resolution in both the present case and in any future case from the FEC.

"We would welcome clarification from the FEC on this matter and hope it could come quickly," said Luke Punzenberger, a spokesperson for Green's campaign.

Green will face Democratic Gov. Jim Doyle in the general election on Nov. 7.