The state’s Elections Enforcement Commission (SEEC) has been asked to investigate whether Ted Kennedy, Jr., violated election law when his family and colleagues donated roughly $40,000 to the Democrat State Central Committee, which in turn funneled a similar amount of funds back into Kennedy’s State Senate campaign for staff wages, the hiring of consultants and other costs.
The complaint was filed in Hartford yesterday by Tom Banisch, the Madison Republican Town Committee chairman and the campaign manager for Bruce H. Wilson, Jr., Kennedy’s Republican opponent in the State Senate race in the 12th District. The election will be held Nov. 4.
The SEEC’s investigation is confidential until the SEEC votes to authorize an investigation of a complaint. An investigation may or may not be disclosed before an election, which in this case is a month away.
Wilson said in a prepared statement: “The actions of my opponent not only fly in the face of the spirit of the law, but these actions go against a promise Kennedy Jr. made to the people when he said, ‘I am committed to raising all the money I need from this district …. We want to make this campaign about people.’”
Wilson was quoting a statement Kennedy made in May, as reported by the Branford Eagle.
As candidates both Kennedy and Wilson are participating in the state’s public-financing program.
John Murphy, Kennedy’s campaign manager, said today he had not seen the complaint and neither he nor Kennedy had heard from the SEEC.
“We followed the law,” Murphy said. “There are no violations of the campaign financing law. We have nothing to hide.”
He said the laws overseeing state parties changed last year to allow state parties “to fund campaigns they want to fund. Funds come in to a state party. Money is raised and distributed. It is what happens.”
He called the Wilson filing a desperate effort, nothing short of “smoke and mirrors.”
The SEEC complaint quotes Kennedy in the Eagle article when he says: “Friends who live outside the district say, ‘Ted, we want to contribute to you,’ and I say, ‘Do me a favor and contribute to the state Democratic Party or the local Democratic parties in these towns.’” Click here to read the story.
On the day the Eagle article was published, May 7, the complaint states, Kennedy’s wife, Kiki, donated the maximum $10,000 to the Democratic State Central Committee (DSCC). Kennedy donated $10,000 to the DSCC on April 13, less than “a week after pledging to abide by the CEP (Citizens Election Program) limits.” On June 4, Kennedy’s brother, Patrick, donated $10,000 to the DSCC and on June 11, three employees of Kennedy’s Marwood Group donated a combined total of $10,000 to the DSCC.
A Wilson press release attached to the complaint stated a state party can give a candidate money to pay for his or her organizational expenses.
“It appears Mr. Kennedy found a loophole in the law and is taking advantage of a system that was supposed to level the playing field,” Banisch said. “Instead of sticking to the grant total, Mr. Kennedy is trying to buy this seat.”
“According to the last filing made by the DSCC, at least this $40,000 in contributions is directly attributable to the efforts of Kennedy to solicit contributions for his benefit,” the complaint alleged.
“To make matters worse,” the complaint continued, Kennedy’s campaign expenditures “coincidentally” come to $40,715. “Amazingly, the amount spent by the DSCC for the benefit of the Kennedy campaign is nearly exactly the amount directly attributable to Kennedy’s solicitations to his ‘friends’ to ‘do him a favor.’ To further illustrate the intent of this illegal ‘pass through’ of earmarked contributions, the DSCC has not spent any significant amount for any other state senate race.”
Citizen’s Election Program
Both Kennedy and Wilson have qualified to participate in the state Citizens Election Program (CEP), a grant program that requires candidates to raise $15,000 in qualifying contributions of no more than $100 each. Each state senate candidate is therefore committed to a budget of less than $115,000.
Banisch claimed Kennedy has now circumvented the public financing laws by having Kennedy family and others contribute $40,000 to the DSCC, which in turn spent a little over that amount ($40,715) on the Kennedy campaign from April through last June.
He also said, “It is illegal for the DSCC to make a ‘quid pro quo’ promise to spend earmarked contributions on specific races. He told the commission “these earmarked contributions make a mockery of our Citizens Election Program.”
In summing up his complaint to the SEEC, Banisch said that in his view “it is illegal for donors to earmark contributions made to a state central committee for specific candidates, just as it is illegal for the DSCC to make a ‘quid pro quo’ promise to spend earmarked contributions on specific races. Kennedy is right about one thing – money DOES pollute the political process, and dirty money such as these earmarked contributions makes a mockery of our Citizens Election Program.” He was referring to Kennedy’s comment, “We all know that money pollutes the political process,” which was quoted in the Eagle’s article.
“I urge the Commission to examine these outrageous attempts to circumvent the elections laws, and to take the appropriate action.” Then Banisch appended a timeline of quotes, including those from the Eagle’s articles, along with donations and expenditures made.”
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