Two mayoral candidates and one aldermanic candidate do not publish the names of their treasurers on their web-sites or campaign materials although campaign laws says they must and city officials are either confused, unable or unwilling to do anything about it. Republican Frank Flyntz, who has filed, apparently has a treasurer named Tara McCann, but does not publish her name on his web-site or on his literature. While Flyntz has repeatedly shown he is not concerned, if I were Tara McCann, or city elections official, I'd be concerned.
Democrat Wayne Taylor, who has not filed, does not have his treasurer's name on his web-site. And putative Democratic candidate for alderman, Kirby Kenny, has a web-site but does not list a treasurer either. In attempting to figure this out by communicating with city officials, I have spent weeks getting tossed about from one to another, finally to be told there is no violation of city law, after one official cited the code that clearly shows there is a violation.
I have been told that if candidates, such as Taylor have not filed, they do not have to post the name. In other words, you can solicit donations for a campaign if you have not filed. ??? I am also told that Flyntz, who has filed, is not in violation for not posting the name either. It seems that if you are running for office, you can do whatever you want and collect donations and raise money any way you please as long as you have not filed. But if you have filed, you must meet certain conditions, but then, even that seems fuzzy. Here is one email I received from Elections Chair Rita Ormasa:
Mr. Flyntz does have a treasurer – Tara McCann. You are welcome to visit City Hall and look through the certificates that have been filed with the city.
Yes, I was appointed to the Board in March and elected as chair in June.
Mr. Taylor and Mr. Kirby are required to have a treasurer when they file their certificate of candidacy. If they do not have a treasurer listed, their certificate would not be approved. I will get back to you on your other question. I have a call into Regina to clarify something with her.
Later, I received another letter from Ms. Ormasa:
Mr. Flyntz is not in violation of any city code.
I wrote back:
"Please see number 7 below and explain why lack of the treasurer's name on Mr Flyntz's web-site and literature is NOT in violation.
Thank you.
4.44.130 Prohibited practices.
........................1-6 and then part 7 below:
7. Publish or distribute or cause to be published or distributed any pamphlet, circular, card, sample ballot, dodger, poster, advertisement or any printed, multigraphed, photographed, typewritten or written matter or statement or any matter or statement which may be copied by any device or method now known for printing or copying or which may be used for making copies or printed or written matter in any form whatever for publication or distribution, relating to or concerning any candidate, including a write-in candidate, or prospective candidate for public or party office or for the acceptance or defeat of any proposition unless the pamphlet, circular, card, sample ballot, dodger, poster, advertisement or other form of publication described in this subsection clearly indicates the name of the candidate or committee responsible for the literature and contains, but set apart from the name of the candidate or committee, an authority line which includes the name and address of the person, treasurer or campaign manager responsible for the publication or its distribution; except, that if the person, treasurer or campaign manager has furnished the address to the appropriate board, the literature need not contain an address, except that this paragraph does not apply to a person exercising the rights described in Section 4.44.060;"
I should have added that the below might also be applicable:
4.44.140 Advertising.
A person, candidate, campaign manager, treasurer, partisan organization or political committee, including political clubs, or party committee may not expend any money for printing, publication or broadcasting of any political matter whatsoever, unless the matter purports on its face to be paid political advertisement and printed, published or broadcast by authority of the person, campaign manager or treasurer for the named candidate, partisan organization, party committee or political committee, including political clubs.
In fact, this section of city code is the same section that was cited to me in an email from the city attorney via the city clerk over a week ago when I first inquired.
Taylor told me that he intends to file on July 10th, the same day he will leave his job with the Community Action Agency, where according to the candidate, he could not hold his position and run for office. Taylor also told CP that despite having held fund-raisers, he has not yet attracted a single dollar in donations.
Why have laws if they are not enforced? Presumably we have laws to govern our elections to ensure fairness and credibility. Does this point to potentially larger questions about campaign laws and their enforcement or am I just digging and coming up with a little bit of nothing? C'mon candidates--put your treasurer's name on your web-sites...please...and city officials, please be consistent and clear for all of us.
Additional Note: At the Fourth of July Parade, Frank Flyntz had a huge sign on the side of a pickup truck and as usual--there was no authority line or treasurer's name, so he again flaunts his lack of concern about city code.
2 Comments:
Paul, what do your lawyer friends say about that wording ?
"...set apart from the name of the candidate or committee, an authority line which includes the name and address of the PERSON , treasurer or campaign manager responsible for the publication or its distribution; except, that if the PERSON , treasurer or campaign manager has furnished the address to the appropriate board, the literature need not contain an address, except that this paragraph does not apply to a person exercising the rights described in Section 4.44.060;"
Seems to me that it says if the person authorizing the publication is the same person as the candidate, OR has submitted his/her address on filing, OR falls under the exception in Section 4.44.060, then the phrase you're looking for may NOT be required ... ? And what does Section 4.44.060 say ? (or where do I find it to read it myself, please ?). Thanks
My lawyer friends? They tell me that if they give me free advice, it is worthless so I don't ask. But I sense there is quite a lot of confusion about this in City Hall. I am still trying to get a straight answer...but consider who is the city attorney.
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