Who Is Actually Running For Office--Legally? ~ Annapolis Capital Punishment
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Tuesday, June 23, 2009

Who Is Actually Running For Office--Legally?

This article was going to be very different, until late last week because at that time, only about  half of the candidates had legally filed to run for office and to have a political committee to collect funds, despite the fact that the were actively campaigning and soliciting funds. From what I gather, Trudy McFall, Chris Fox and David Cordle were the first to get the papers in line. Sam Shropshire already had a committee and papers in place for a committee but has not filed as a candidate. Zina Pierre came in about midway. Others jumped aboard legally just last week such as Josh Cohen and Gil Renaut. That leaves, again from what I am able to gather, only Wayne Taylor out of the loop and perhaps Kirby Kenny, on the aldermanic level.

Why would a candidate wait so long to file required paperwork with municipal authorities by this late date? There are two filings - one is setting up a political committee, the other is filing for candidacy for a specific office. The City code requires that a candidate who is raising or spending money must set up a political committee. This is separate and apart from the candidate filing for office. The City Clerk has confirmed that a candidate who has not setup a political committee, but is raising or spending money is in violation of City Code. Regina Eldridge has also told me that according to City Code, there are no provisions for enforcement of penalties if a candidate does not file these papers.  am awaiting further information from the city attorney. They have until late July to do so, but the first campaign finance reports are due before that.

None of these papers are hard to complete though it is time consuming and detailed, but in the interest of transparency, one would at least think the candidates would have done so already.  If a person is serious about holding the reins of power in this city, and the law requires this formality to get elected to office, one would think that this would have been done--a long time ago.Therefore, why would a candidate who is actively running not file for office or in some cases, not setup a political committee? Here are some possible reasons:

1. The candidate is still uncertain about continuing to run (this is related to the third point below).

2. Part of the filing process requires submitting a financial disclosure statement.

3. A candidate may not want to setup a political committee, let alone file for candidacy, if that person is not sure they are really running for office so that they may have flexibility with donations received. This is because, according to the City Code, once a political committee is setup but then suspends its operation, it must give its surplus funds to the respective party central committee or to the City. If someone has not set up a political committee, it is not clear where those funds go.

That raises a whole lot more questions. Frank Flyntz, for example has consistently failed to list his treasurer on his campaign materials or web-sites. When asked about this at a public meeting he replied "I forgot."  Wayne Taylor does not list this information on his web-site. Again--no apparent enforcement and no penalty.

Here is the applicable City Code from  Section: 4.44.030 (A) (B) Political Committee Chair and Treasurer


A.   Each central committee, partisan organization, or political committee, except political clubs, shall appoint and maintain continuously a chair and a treasurer, whose names and residence addresses, together with the names and residence addresses of its principal officer, shall be filed with the board. The chair, treasurer and other principal officers all shall be registered voters of the City. At the time of the filing, the treasurer shall declare in writing whether the partisan organization or political committee will exist indefinitely. The treasurer shall receive, keep, and disburse all sums of money, or other valuable things, which may be collected, received, or disbursed by the committee or organization or by any of its members for any purpose for which the committee or organization exists or acts. The treasurer shall give a written receipt for any contribution upon request; and also shall keep full and accurate records of all receipts and expenditures, which shall be retained by the treasurer for a period of two years following the election. Unless the chair, treasurer and other officers are appointed and filed as required in this subsection, it is unlawful and a violation of this chapter for a central committee, partisan organization or political committee, or any of its members, to collect, or receive or disburse money, or other valuable things, for the foregoing purposes. A chair or treasurer of a committee or organization who resigns or otherwise ceases to be chair or treasurer, as the case may be, shall notify the board on a form prescribed by the board signed by the chair or treasurer. A new appointment must be made and filed immediately in accordance with this section. 
B.   If any committee, including a political club, directly or indirectly, expends fifty-one dollars or more to aid or oppose the nomination or election of any candidate, regardless of the purpose for which the committee is formed, the treasurer of the committee, or in the case of a political club an officer of the club, shall report on the form prescribed in this chapter, a statement of contributions and expenditures to the treasurer appointed by the candidate being so aided. The statement shall be included in, or attached to, the statement of contributions and expenditures reported by the treasurer of the candidate as provided in this chapter; however, a political club only need report that amount which is actually contributed to a candidate. This subsection applies to any committees located outside of the City with respect to any expenditure of funds within the City.



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2 Comments:

Nancy Rase said...

I would add a fourth point - It reflects a disregard for following rules and a lack of organizational or management ability to follow through with ALL the requirements of a law.

Also, is Zina P. in or out?

Since you asked so nicely, I'll use by full name

Paul Foer said...

Nancy Thanks. Zina Pierre is a leggal candidate. It was an error of omission and I have corrected the mistake.

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