Oregon Public Broadcasting

Incumbent Republican Senator Gordon Smith, and his challenger, Democrat Jeff Merkley, are spending millions of dollars on television advertising. Now, Merkley's campaign says Smith should pay even more. Ethan Lindsey reports.

Merkley's campaign sent a letter to more than a dozen local TV stations alleging Smith violated Federal Communications Commission rules in this ad.

AD: “I am Gordon Smith, and I approved this message.”

That statement came at the beginning of the ad.  With that format, the FCC requires an image of Gordon Smith at the end of the ad. Because there was none, Merkley's campaign says Smith must pay a higher price for TV ads.

Smith has raised more money that Merkley - pricier ads could help level the playing field.

Smith's campaign says it was a minor oversight - and the improper ad only ran for half-a-day. The ad attacked  Merkley and the state legislature for not fulfilling a Governor's funding request for senior citizens.

TV stations contacted say they are reviewing the case.

Smith previously made advertising an issue. In July, Smith's campaign criticized a commercial that purportedly promoted the Democratic Party -- but prominently featured Jeff Merkley.