The Express, April 11

Attorney General: Investigation into Study Commission election advertisements ‘not merited’

By Jim Runkle
Express Staff Writer

The state’s Attorney General’s Office has concluded no Elections Code violations occurred last November in connection with an advertisement that appeared in The Express about the proposed creation of a Clinton County Government Study Commission.

At an April 6 meeting of the Clinton County commissioners, Chairman Tom Bossert raised the issue by reading a letter to Clinton County District Attorney Ted McKnight from Chief Deputy Attorney General Frank G. Fina.

“After conducting an investigation and carefully reviewing the evidence and lack thereof please be advised that the Office of the Attorney General has determined that a criminal prosecution is not warranted,” the letter stated. “Based on the above, this matter is now considered closed.”

The issue arose five months ago when voters headed to the polls to decide whether an 11-member commission should study Clinton County government.

At the time, some concerns were raised regarding ads urging voters approve or reject the commission. County Solicitor Lewis Steinberg looked into the situation and concluded an advertisement appearing in The Express urging voters to support the commission was illegal, per Election Code.

The district attorney was asked to investigate the allegations, but McKnight excused himself from the matter and forwarded the question to the state prosecutor.

The state’s Elections Code states whenever a person spends money for the purpose of “expressly advocating the election or defeat of a candidate, or ballot questions, through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising” must, if authorized by the candidate, clearly and conspicuously state that the advertisement has been authorized.

The episode gave rise to three specific complaints, according to Bossert, who said the letter’s conclusion applied to all three of those. Fina’s letter, however, didn’t specifically list the claims or alleged infractions that came to light during that election cycle.

“I read this to indicate to you that we, as an Election Board, went through due process,” Bossert said.

The issue was first raised by Dr. Kathleen McQuaid, who was on ballot and earned a place on the study commission. She said she never paid for nor endorsed the ad in the newspaper, which states it was “Paid for by Candidates for Government Study Commission.”

Ernie Renninger, who also earned a place on the commission, said the ad cost $300 and was paid for with donations from some of the commission candidates.

There were also some complaints from some candidates of the proposed commission that the Republican Party was taking out ads urging people to vote against its formation.

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