The New Hampshire Democratic Party filed a complaint yesterday with federal election authorities, claiming that a radio ad run by an outside group targeting Senate candidate Jeanne Shaheen runs afoul of election law.

The advertisement, bought by a group called Americans for Job Security, criticizes Shaheen's record on taxes when she was governor. A voice intones that she "broke her pledge" against new taxes. The ad urges voters to call her campaign office and tell her to oppose tax increases. Shaheen, a Democrat, is running against Republican incumbent Sen. John Sununu. Republicans have spent at least $88,000 to air the ad in the Manchester media market, according to the Democrats' complaint.

One campaign finance law expert cast doubt on the strength of the Democrats' claim. The ad seems similar to ads that the Federal Election Commission has judged to be "within the confines of the law," said Anthony Corrado, a Colby College professor and an expert on campaign finance law.

Americans for Job Security President Steve DeMaura, a former executive director of the New Hampshire Republican Party, says his group has run many similar ads. In 11 years and 46 states, it has never been forced to take a spot off the air, he said. He said the group is a "trade association" representing corporations and entrepreneurs and advocating against taxes and regulation. Under tax code, AJS is not required to release the names of its donors and will not do so, DeMaura added.

Democrats say that the ads cross a line for so-called "issue ads" because Shaheen does not hold office and has no power over the issue.

"For example, they're not saying, 'Call Josh Rogers the legislator from Concord and tell him to vote against the production of widgets in New Hampshire,' " said Kathy Sullivan, the former party chairwoman. "They're not talking about a pending or current issue, and because of that, it is clear that this is a political ad."

According to the complaint filed with the FEC by the state Democratic Party, the ads are "unquestionably for the purpose of influencing the United States Senate election." The complaint goes on: "Surely Congress never intended to allow corporations to circumvent the prohibition against corporate expenditures by discussing issues that arose up to ten years ago."

Under tax law, groups like AJS are not permitted to advocate for a particular candidate or cause, but they can advance their position on a given issue through advertisements. In a classic "issue ad," the announcer tells the public to call a public figure, often one who is up for re-election, and give their opinion on an issue.

DeMaura says that taxes are always a relevant issue. "What we have to abide by in federal law is talk about issues that are relevant and pertinent," he said.

Running issue ads against nonincumbents is nothing new for his group, he said. "We do it every cycle, and we've never had an ad taken off the air," he said.

It may be a long wait before the commission can rule on the matter. Down to two commissioners, the six-person panel has lacked a quorum all year and has been unable to do anything besides hand out advice and build up a significant backlog. A standoff between Congress and the president over a nominee slowed the process for replacements.

Somewhere in the backlog is a complaint against AJS filed by the nonprofit group Public Citizen, whose website links to StopNaftaTrucks.org and BushSecrecy.org.

Public Citizen Research Director Taylor Lincoln said that the fact that Shaheen holds no office gives the ad less justification than a typical "issue ad," which asks people to call their congressman or governor.

"Jeanne Shaheen has no more authority to fix whatever you want fixed than you do or your neighbor," he said. "So it's not credible to call that an issue ad."