By Saundra Torry
Washington Post Staff Writer
Tuesday, June 30, 1998; Page A04

The Campaign for Tobacco-Free Kids, an advocacy group that favored the tobacco bill killed by Senate Republicans earlier this month, yesterday asked the Federal Election Commission to stop the tobacco industry from running ads supporting senators who voted against the bill and are running for re-election.

In a complaint to the FEC, the anti-smoking group charged that such a campaign would violate FEC rules against corporate contributions to federal candidates. According to the complaint, Sen. Mitch McConnell (R-Ky.) told GOP colleagues in a closed session June 17 that cigarette makers would run ads supporting candidates "who voted against the bill." A few hours later, the hotly contested bill was narrowly defeated.

"Rarely is the connection between a campaign contribution and a vote on a critical issue so blatantly linked," the campaign charged in its letter to the FEC. Matthew L. Myers, the campaign's general counsel, said the promised ads are designed to give "political cover to those who handed the tobacco industry this victory."

Scott Williams, a spokesman for the industry, which spent more than $40 million opposing the bill in a national TV and radio campaign, said the "allegation is without merit." But he added that the industry "will not stand idly by and allow others to distort the truth about the debate that has occurred in Washington."

Despite the bill's defeat, the industry has continued the campaign with a revamped ad, saying some politicians are trying to revive the measure. Cigarette makers, who portrayed the bill as a high-tax, big government measure, may be starting a new round of ads next week, according to an industry source.

FEC rules prohibit corporations from running ads that give outright endorsements to candidates. But starting in campaigns two years ago, interest groups such as labor unions and business associations have tested that limit by running "issue advocacy" ads that named candidates and praised or condemned them.

According to sources familiar with the closed Senate meeting, McConnell, who heads the National Republican Senatorial Committee, told colleagues that the companies would run ads in October for senators attacked by the public health community for voting against the tobacco bill.

In an interview last week, McConnell said, "I expect the [industry] advertising to continue because the legislative activity is continuing."

House and Senate Republicans have said they will introduce narrower measures aimed at curbing teenagers' tobacco and drug use, and some Senate Democrats have vowed to try to bring back the defeated legislation.

As to his comments at the closed-door Republican session, McConnell said he was simply "stating the obvious: The industry felt government was trying to put it out of business and fully intended to express itself."