Fischer Campaign Finance Issue Gets Reborn

On November 20, 2008, Greg Fischer’s legal counsel received a letter from the Acting Deputy Associate General Counsel for Enforcement at the Federal Election Commission. The letter concerned complaints filed against Fischer and Dant Clayton Corporation for allegedly violating campaign finance laws in 2008.

Here’s an excerpt from that letter:

On January 28, 2008, the Federal Election Commission (“Commission”) notified your client, Dant Clayton Corporation (“Dant Clayton”), of a complaint alleging violations of certain sections of the Federal Election Campaign Act of 1971, as amended. On November 6, 2008, the Commission found, on the basis of the information in the complaint and information provided by Dant Clayton, that there was no reason to believe your client violated 2 U.S.C. 441b(a). Accordingly, the Commission closed its file in this matter.

Click here (Warning: PDF Link) to read a copy of the entire FEC letter.

Fischer had been using Dant Clayton computer systems and email accounts to handle official campaign business during the U.S. Senate primary in 2008.

While the FEC cleared him of any wrong doing on this one, specific account (not the dozens upon dozens of other instances which I’ve written about), one would think Greg Fischer would avoid the appearance of impropriety. One would think he’d know better than to continue using corporate resources – from the same company, no less – for campaign purposes.

One would think he’d take the FEC’s own words to heart. 2 U.S.C. 441b, section 114.9(a)(2) of the Commission’s regulations that provides a safe harbor for certain corporate facilities:

“occasional, isolated, or incidental,”

Occasional. Isolated. Incidental.

Instead, Fischer sent out a campaign email blast yesterday from his corporate account:


While Fischer’s mayoral campaign is regulated by the Kentucky Registry of Election Finance, this just isn’t satisfactory. He needs to take campaign finance regulations seriously. This is hardly “occasional, isolated, incidental” use of corporate facilities. And our state regulations prohibit corporate contributions just the same as federal regulations. He knows better.

When will candidates for elected office begin to take this seriously?