Did Morgan Philpot Violate Federal Election Law?

No, I'm not talking about the radio ad, even though that set off some BS detectors at my house.

No, I'm talking billboards.

Press Release from Utah Democratic Party (h/t Amicus)

Salt Lake City, UT—Utah Democratic Party Chairman Wayne Holland said today he is asking election attorneys to file a complaint with the Federal Election Commission (FEC) regarding questions about a discrepancy on 2nd Congressional District candidate Morgan Philpot’s campaign filing regarding billboard rentals.

Holland said that Philpot’s FEC report shows a payment of $2,854 on October 1 for billboard rentals. Based on what other campaigns are paying for billboards and the number of signs Philpot has displayed, Holland says the campaign disclosure is off by a significant amount.

“Federal campaign law is clear. In-kind donations from companies are not allowed. Mr. Philpot is on leave from his job with an outdoor advertising company. He must pay the going rate and whether he has done so is the focus of our complaint,” said Holland.

Holland said the Philpot campaign has several freeway “bulletin” signs, which rent for roughly $1,000 a month each, plus at least nine “30 sheets” around the 2nd Congressional District. Similar billboard rentals by Utah Democratic candidates in state and local races have totaled between $28,000 and $30,000.

Holland said the complaint will be filed with the FEC, triggering a formal investigation by that agency.

“As someone seeking to hold the public trust of elected office, Philpot needs to be held accountable to the law,” said Holland.

Republicans Guilty of Class B Misdemeanor, Lt Gov Bell Negligent in duties

According to this article in today's Salt Lake Tribune, the Salt Lake County Republican Party forgot to file their campaign disclosure on January 10 of this year.

However, since there is no penalty in state code for this, we'll let it slide. In fact, I should blame Democrats for not pointing this out all this time. I mean, if you can't do something as simple as fill out campaign disclosure reports, what makes you think you can lead? And if you can't bother even looking to see if the opposition has done their duty, are you any more competent?

But, that's another subject for another day.

You see, the Salt Lake County Republican Party also forgot to file their financial disclosure report that was due August 31 (this past Tuesday).

Big deal?

According to state law, it kinda is:

20A-11-508 (Superseded 01/01/11). Political party reporting requirements -- Criminal penalties.
(1) (a) Each registered political party that fails to file the interim reports due on August 31 or before the regular general election is guilty of a class B misdemeanor.

According to the Utah Sentencing Commission, "lass B misdemeanors are punishable by up to 6 months in jail and a fine of up to $1,000."

But, the Salt Lake County Republicans aren't the only ones who have violated this provision:

20A-11-508 (Superseded 01/01/11). Political party reporting requirements -- Criminal penalties.
(1) (a) Each registered political party that fails to file the interim reports due on August 31 or before the regular general election is guilty of a class B misdemeanor.
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the attorney general.

However, the statement of the Lt Governor's office? (from the Trib article)

But there appears to be some question about whether county political parties are required to file financial disclosures at all. Mark Thomas, director of elections for the Lieutenant Governor’s Office, said the law is so ambiguous that county parties could make a compelling case about why disclosure deadlines don’t apply to them.

“It is not explicit in the code that they need to file,” he said

However, as we saw before, the Lt Governor's office job is to forward the complaint to the Attorney General's office, not to wave it off as a simple mistake. If the AG wants to make the ruling that the law is vague, let him. That's his job, not yours.

I want a Lt Governor who will do their job, and properly enforce election law. That's why I'm voting for Sheryl Allen for Lt Governor.

-Bob

Utah's House Democrats Out Fundraised Republicans

Granted, most of it is Jim Matheson, but still.....

From the FEC:

Republicans:
Receipts: $502,913
Disbursements: $344,579
Cash on Hand: $280,752
Debts: $49,859

Democrats:
Receipts: $996,218
Disbursements: $265,548
Cash on Hand: $1,435,175
Debts: $642

-Bob

A response from the Lt Gov's Office

A response to the email I sent this morning:

Mr. Aagard,

Thank you for contacting the Lieutenant Governor's Office and for your concern.

You are correct that there are some disclosure reports not online. We try very hard to get the reports online as soon as possible, but you must understand that we received hundreds of paper reports and some of these reports have thousands of transactions that must be entered by hand into the website.

Unfortunately, entities are not required to file electronically, they are allow to send in a paper report which must be hand entered.

The law allows our office seven days to get the reports available on the website, we usually get them online within a few days but sometimes it does take the full seven days.

We do however, make every effort to make sure folks have access to all reports, we will email, fax, or mail copies of reports to anybody who asks. I have attached all of the unentered reports as of this morning.

Please let me know if you have any questions, and I really appreciate your concerns, I believe there are not enough people like you who would even care to look at our website and ask questions.

Thank you,


Mark J. Thomas
Office Administrator
Lieutenant Governor's Office

Dear LG Bell: Fix Herbert's Mistakes,Please

Dear Lt Governor Bell,

Congratulations on your new job. I hope that you are successful in being a moderating voice in the Executive branch of our government. I realize that you have only been in the job for a few days, but there is a problem that needs to addressed soon.

You see, Political Action Committees (PACs) had to file financial disclosures by this past Monday. I assume most all of them did.

I can only assume this because the website where I can find the information doesn't have it yet. Every PAC I've looked at says "No Reports Have been filed for 2009"

If I had the resources of a newspaper, I could go hang out at your office and get the information I wanted. Like the fact that the Attorney General's PAC has spent a quarter of a million dollars, or that Peter Corroon has raised $40,000 in a PAC that may become his campaign funds if he decides to run for Governor.

The purpose of the disclosures is so that the citizens can have the information. However, it seems like the information is harder for the public to get than it should be in 2009.

-Bob Aagard
Holladay

[update: I got a response here]

National Republican Senatorial Committee, Orrin Hatch, Caught in $13.5 Million lie

(H/T DailyKos)

On Wednesday, June 18, 2008, the NRSC Press office released the following to the press:

Largest amount in five years

WASHINGTON, D.C. -- This afternoon the National Republican Senatorial Committee announced it raised $13.5 million dollars for tonight's "The 2008 President's Dinner." The $13.5 million is the largest amount raised by the NRSC in five years.

The joint fundraising event for the National Republican Senatorial Committee (NRSC) and the National Republican Congressional Committee (NRCC) and President George W. Bush's final "The President's Dinner" raised $21.5 million dollars total.

"I am very proud of the hard work that has been put in to this dinner to make it such a success," NRSC Chairman Sen. John Ensign said. "In addition to our team, Sen. Orrin Hatch has been a dedicated and diligent Chairman of the Dinner for us and I am grateful for his work."

"I believe voters will continue to react to this overreaching liberal Congress by donating money to help us stop it," Ensign added.

"The $13.5 million we raised for the dinner shows people understand that Democrats are going to do more than just increase the price of gas," Sen. Orrin Hatch, the NRSC Chairman for the President's Dinner said.

"Republican Senators, and especially John Ensign, should be congratulated for reaching out to donors and raising this money that will have a big impact this November," Hatch added.

The problem?

The NRSC only raised $6 Million in the entire month of June.

AT least that;s what they told the FEC...

Campaign Finance Reform Ideas I like

From Monday's Deseret Morning News:

There are at least a dozen bills being drafted pertaining to state office campaigning, including:

• Conservative Rep. Greg Hughes, R-Draper, who is tired of judges putting wayward candidates back on the ballot after the candidates failed to file critical campaign disclosure reports on time — the penalty in the law now being their names struck from the ballot.

• And moderate Republican Rep. Sheryl Allen, R-Bountiful, who says too many candidates, including some sitting officeholders, and political issue committees and political action committees, are playing games with the reports. They are not listing substantial contributions and/or expenditures on their original reports, and then after an election they are filing an amended report that shows their real financial dealings.

The current laws-without-penalties make a mockery of efforts at fair campaigns.

Back in 2004, I was helping my friend Shaun run a campaign for County Council. One of his opponents in the primary (and eventual General Election winner) Mark Crockett failed to file his initial campaign finance disclosure on time. Then, when he was called on it, he filed a form saying he had not raised the $2000 required to file. He then filed an amended disclosure that said that he had raised $1999 from himself. However, there is no penalty in Salt Lake County for mis-filing your reports....

-Bob