Monday, October 22, 2007

Matt Kelty Violates Campaign Finance Laws AGAIN

My own investigation has found that Matt Kelty improperly reported a "large contribution" on his campaign finance report. This contribution came from none other than Dan Turkette - author of the Fort Wayne News blog.

This report clearly shows Turkette gave $1000 to the Kelty campaign on 5/3/2007 which was just before the primary election that was held on May 8. Under state law any contribution over $1000 given between the campaign finance reporting deadline and 48 hours before the primary election must have a supplemental filing - form CFA-11.

I went through all of Kelty's supplemental filings and Turkette's name did not show up anywhere. In fact, a contribution from John Tippmann that came in on the same day was reported properly in a supplemental. I even went a step further in thinking that maybe this was some sort of oversight and several contributions might not have made it into the supplemental due to some kind of paperwork error. So I made a list of every contribution that should have had a supplemental and compared that to the names on the actual supplementals that were filed. Coincidentally Dan Turkette's contribution was the only one that didn't have a supplemental.

I don't believe there is any doubt that Matt Kelty did not report Dan Turkette's contribution correctly - I've copied the relevant state statute below for those that are interested. The biggest question I would like to know is whether or not this was intentional? Could there be a reason that Kelty didn't want Turkette's contribution reported before the primary? Readers can give their own opinion on that but let's just say this does not look good for Kelty. And before everyone starts blaming Dan Turkette let's all remember that it is the responsibility of the Kelty campaign to report their contributions properly and not the one giving the contribution.

Alas, I am no expert in election law nor am I the final say so all I can do is pass my inquiry on, in writing, to the election board which I plan to do this afternoon...

IC 3-9-5-20.1
Supplemental large contribution report of candidates other than candidates for state office
Sec. 20.1. (a) This section:
(1) applies only to a large contribution that is received by a candidate, the candidate's committee, or the treasurer of the candidate's committee; and
(2) does not apply to a candidate for a state office, the candidate's committee, or the treasurer of the candidate's committee.
(b) As used in this section, "election" refers to any of the following:
(1) A primary election.
(2) A general election.
(3) A municipal election.
(4) A special election.
(5) For candidates nominated at a state convention, the state convention.
(c) As used in this section, "large contribution" means contributions:
(1) that total at least one thousand dollars ($1,000); and
(2) that are received:
(A) not more than twenty-five (25) days before an election;

and
(B) not less than forty-eight (48) hours before an election.
(d) The treasurer of a candidate's committee shall file a supplemental large contribution report with the election division or a county election board not later than forty-eight (48) hours after the contribution is received.


4 comments:

Eric White said...

Jeff,

There's no doubt that campaign finance laws seem to be complicated, at least for the Kelty campaign.

Nice work!

John Good said...

Jeff - Nice sleuthing!

Parson said...

And he would have gotten away with it too, if it wasn't for those kids and their dog.

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