The Consequences of Our Actions

The Price for All Freedoms Is That We must Face the Consequences of Our Actions.

Complaint - ‘Friends for Kevin Davis’ have violated the state Campaign Financial Disclosure Act by failing to register with the Hardin County Election Commission, including appointment of a treasurer and violated, specifically TCA 2-19-120, because the communication did not present in a clear and conspicuous manner, to give the reader, adequate notice of the identity of person(s) who paid for the communication.

In THE COURIER on Thursday, June 29, 2006 there was political ad that stated- "Pd. Pol. Ad by Friends for Kevin Davis" -

A review of the ad will show that there was no required designated treasurer for ‘Friends for Kevin Davis.’

The Hardin County Election Commission was ask to provide the required filings. The is no record of ‘Friends for Kevin Davis’ ever registering with Local election commission, either as a PAC or anything else. While I was there the Administrator called Mayor Davis to inquire of any knowledge of this ‘Friends for Kevin Davis’ group. I was advised that the Mayor had placed the ad himself.

The Election Administrator was ask for a determination of compliance with election laws and advised that she would have to check with Nashville.

The Administrator of Elections, later, advised that a Mr. Drew Rawlins (State Election Commission, Financial Reporting) had advised her that "it didn’t matter as long as the Mayor reported it on his financial disclosure filings." Say What!!

My own contact with Mr. Rawlins came to a different conclusion. Mr. Rawlins acknowledge that it might be alright as far as financial reporting end of the election laws, but would express no opinion from a full-disclosure requirement, that was handled by another department. That department was the Election Commission, itself.

Long story short, a review established reasons to believe the ad violated the disclosure laws and would support a complaint to the District Attorney for investigating and reporting back to the Local Election Commission.

TCA 2-19-120. Political communications, advertising and solicitations - Contents - Applicability - Penalties.

(A) Whenever any person makes an expenditure for the purpose of financing a communication that expressly advocates the election or defeat of a clearly identified candidate, . . . a disclaimer . . . shall appear and be presented in a clear and conspicuous manner to give the reader, observer or listener adequate notice of the identity of persons who paid for and, where required, who authorized the communication.
(1) Such communication if paid for and authorized by a candidate, an authorized committee . . . shall clearly state that the communication has been paid for tby the authorized political committee, in addition to the identity of the person who is the head of such committee, or the identity of the treasurer of such committee.
(2) Such communication, . . . if authorized by a candidate, an authorized committee of a candidate or an agent thereof, but paid for by any other person, shall clearly state that the communication is paid for by such other person and is authorized by such candidate, authorized committee or agent.

(3)(c) A violation of this section is a Class C Misdemeanor. (30 days and/or $50 fine)

T.C.A. 2-19-116. Misrepresentations on campaign literature or sample ballots - Penalty.

(a) No person shall print or cause to be printed . . . any . . .material which contains the endorsement of a particular candidate, . . . with the intent that the person receiving such printed material mistakenly believe that the endorsement of such candidate . . . was made by an organization, group, candidate or entity other than the one or ones appearing on the printed material. (Another Class C Misdemeanor)

FACT: This is one of those, so what. The DA ain't never gonna do anything about it. It's just a little criminal!