Sounds like he is going to use public funding for the general election though.
http://www.npr.org/templates/story/story.php?storyId=89538146
McCain intends to take public funds. He accuses Obama of breaking a promise to do the same. But the cash machine built by the Obama campaign may dwarf the $84 million federal grant that he would get from Washington under public financing.
McCain and Obama seemed to strike an agreement on public financing months ago. If both were nominated and one said yes, so would the other. Obama even answered in the affirmative on a questionnaire that asked if he would use public funds.
Since then, however, Obama's fundraising has shot into the stratosphere. The higher it goes, the less incentive he has to take public funds.
McCain is making the promise a campaign issue. "I made a promise to the American people that I would" take public funds, he said in a recent campaign appearance. "And he made a promise. Apparently he may not keep that."
Which is separate and legal.