As Ricky Ricardo used to say on the show "I Love Lucy," "Lucy, you got splainin' to do."
Todd Spangler of the Detroit Free Press writes that Republican U.S. Senate candidate Terri Lynn Land may have violated the spirit of the campaign contribution laws by giving her own campaign nearly $3 million this year and last. The issue is all the more interesting because Land used to enforce state election laws as Michigan's secretary of state.
The problem,Spangler writes, is that "nowhere in her federal financial disclosure form has she listed any bank accounts or other assets in her control worth that much."
The Freep reports that her campaign says it’s an oversight, and that Land inadvertently failed to disclose a joint account she has with husband, Dan Hibma.
The Freep writes:
But it still leaves unanswered questions about the source of the funds. And it raises questions about if such a transfer — if from her husband’s assets — violates the spirit of the campaign contribution law.
“If a noncandidate spouse gives money to a candidate spouse to influence that candidate’s election, it’s subject to contribution limit,” said Paul Ryan, senior counsel with the Washington, D.C.-based Campaign Legal Center. “This raises a red flag for me. A candidate suddenly coming into possession of several million dollars raises questions for me.”
Election law, however, is murky on the subject. In Michigan, immediate family members have a $50,000 limit; for federal campaigns, spouses are held to the same contribution limits as anyone else, $2,600 for each election totaling $5,200 per election cycle.
There is a loophole, though.
“The general principle is that it’s permissible (to use this funding) if there’s been a history of transferring it ... prior to the candidacy,” Jan Baran, a campaign law expert in Washington and former general counsel for the Republican National Committee told the Freep. “Otherwise it’s not going to be permitted during the period of time the person is a candidate.”
-- Allan Lengel
