Firstly, did he break an unwritten rule of not interfering in the electoral process of another country?
More importantly, however, is the question of whether he broke any official rules. As long as he paid for the trip himself, he has not broken the law. In other words, he must declare his interests, and if he has received any money for the trip declare it in the Register of Interests. To date, nothing has been listed, which presumably means he can provide evidence that his entire trip came out of his own pocket.
There are still other issues that need to be addressed. The Code of Conduct for Members of Parliament states that "Members shall at all times conduct themselves in a manner which will tend to maintain and strengthen the public's trust and confidence in the integrity of Parliament and never undertake any action which would bring the House of Commons, or its Members generally, into disrepute".
Denis MacShane's actions in Virginia could easily be interpreted as bringing the House of Commons into disrepute and weakening the integrity of Parliament. MacShane deemed it more important to interfere in the electoral process of a foreign country rather than tending to his parliamentary and constituency duties. If I were a member of the Rotherham constituency, I'd know how to thank him at the next election.
It raises a further question: Had John McCain won and had MacShane's actions become known to them (not at all unthinkable, considering a few readers of the Guardian website figured out the gravity of his actions), this may have damaged relations between the UK and US government. This must amount to damaging the integrity of Parliament.
Finally, there is the issue of US federal and state law. This is also fairly murky. Drawing on the Foreign Agents Registration Act (FARA),the Federal Election Commission clearly states that "The Federal Election Campaign Act (FECA) prohibits any foreign national from contributing, donating or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly. It is also unlawful to help foreign nationals violate that ban or to solicit, receive or accept contributions or donations from them. Persons who knowingly and willfully engage in these activities may be subject to fines and/or imprisonment".
It does, however, also say that "Generally, an individual may volunteer personal services to a federal candidate or federal political committee without making a contribution. The Act provides this volunteer "exemption" as long as the individual performing the service is not compensated by anyone. 11 CFR 100.74. The Commission has addressed applicability of this exemption to volunteer activity by a foreign national, as explained below".
What is of particular interest is what is meant by "either directly or indirectly". Does paying for one's trip and activity in canvassing constitute "spending funds in connection with any federal state, or local election in the United States"?
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