CAMPAIGN FINES OVERTURNED: Party chiefs weigh in on ethics commission’s decision

The leaders of Limestone County’s Republican and Democratic parties weighed in Wednesday on the Alabama Ethics Commission’s recent decision to cancel fines levied against those who violated the state’s campaign finance law.

Secretary of State John Merrill voiced frustration this week by the commission’s decision not to enforce penalties. The fines, he said, were overturned based on the commission’s concerns that legislation passed in 2015 was too new for campaigns to be held accountable.

That legislation, introduced by state Sen. Arthur Orr, R-Decatur, was a strengthening of the existing Fair Campaign Practices Act. The bill provided the Ethics Commission, Secretary of State’s Office and probate judges the ability to fine candidates who filed late or inaccurate campaign finance reports. The law was set to go into effect during this year’s campaign cycle.

Under the law, a campaign committee can request an appeal if the committee believes extenuating circumstances caused them to not meet the deadline for filing their report. The appeal is reviewed by the Alabama Ethics Commission at their quarterly meetings.

“The Ethics Commission held its first quarterly review of the fines against committees who had requested an appeal in December, and has held subsequent reviews in April and June. During each of those meetings, the five-member Ethics Commission voted to overturn all of the 54 requests for appeal that were submitted to the Commission for review for a total of 113 civil penalties,” Merrill said in a letter sent to media outlets Tuesday. “My question to members of the Ethics Commission, members of the media, and the people of Alabama is why do we pass ethics laws and employ an ethics commission if we do not intend to enforce the rule of law?”

Noah Wahl, chairman of the Limestone County Republican Executive Committee, said he understands the Commission’s decision to waive the penalties. He said one Limestone Republican candidate did receive a notice of violation from the secretary of state because his campaign finance reports were filed late.

“He didn’t have internet at his house and was having trouble with the online filing,” Wahl said.

He added he believed penalties should be examined on a case-by-case basis because there can be extenuating circumstances preventing finance reports from being filed on time. He believes candidates should have a choice whether to file them online with the secretary of state or file paper reports with the Limestone County Probate Judge’s Office, which used to be the norm.

“I feel like (the online system) is an unnecessary burden,” Wahl said. “In rural Alabama, there are people who don’t have access to the internet. They should be able to file on paper.”

Henry White, who chairs the Limestone County Democratic Party, said he believes candidates should have a grace period before fines are levied. White, who previously served in the Alabama House of Representatives, said he could see how some candidates might have issues filing information electronically, especially if they’re not computer or internet savvy.

“(Some candidates) may make a mistake,” he said. “(Online reporting) is quicker, but I think I just like the old way better.”

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