Wertheimer: McCain Can't Opt Out Until FEC Is Functioning

I think I might have missed the significance of Fred Wertheimer's statement about John McCain's tangle with the FEC.

The shut down of the Federal Election Commission has taken center stage because there is no functioning agency to deal with the issue of whether bank loans taken out by Senator John McCain (R-AZ), and the collateral provided for those bank loans, means that Senator McCain cannot withdraw from the presidential primary public financing system and is bound by its spending limits for the rest of his primary campaign.

So -- In Wertheimer's opinion, McCain can't opt out until the FEC decides whether he can?