WASHINGTON - The father of the Democratic congressional candidate who failed to unseat Rep. Mark Souder, R-3rd, paid $712 in property taxes for his son, pushing his campaign donations above the legal limit.

But the Federal Election Commission said the amount wasn't enough to trigger a fine or other penalty, and it cautioned Joseph Montagano "to take steps to ensure that your conduct is in compliance" with federal election law.

Montagano's son, Michael, challenged Souder in the 2008 election. Less than two weeks before the election, the National Republican Congressional Committee filed a complaint with the FEC alleging that Joseph Montagano had illegally bankrolled his son's campaign.

The NRCC said Michael Montagano had been without an income since mid-2007 yet bought a $326,000 Elkhart County home with his father and drove a Hummer. The Republican organization said it appeared that Joseph Montagano was providing his son with routine living expenses.

It's a violation of federal campaign law for someone to give more than a set limit. In 2008, it was $4,600, which Joseph Montagano contributed a year and a half before the election.

The FEC said its investigation showed that Michael Montagao had enough savings to explain his ability to pay living expenses without a paycheck. It said Michael Montagano paid back his father for a bridge loan for property they bought, and that they co-leased the Hummer H3 before Michael Montagano declared his candidacy.

The FEC said Joseph Montagano paid $712 in property taxes on his son's behalf, which is considered an excessive campaign contribution. But, it said, the other help the father gave the son "has been in the form of intangible support as a surety" rather than outright payments.

The FEC said that because the $712 is such a small amount, it dismissed the complaint.

sylviasmith@jg.net