The Vermont House Democrats are firing back at conservative super PAC Vermonters First, and in doing so they’ve illuminated a potential gray area in the state’s campaign finance laws.
Earlier this week, the Vermont House Solidarity PAC and the Vermont Democratic House Campaign dropped $13,693 on five radio ads and a mass mailing, which encourage voters not to be swayed by “big money.”
Meanwhile, Republican Minority Leader Rep. Don Turner pointed to an alleged campaign finance violation, as a mass media filing for the Dems’ mailing failed to include his name as one of the candidates mentioned, and Secretary of State Jim Condos said he has Turner’s back.
Nick Charyk, who runs both the PAC and the Democratic House campaign, said that the recent series of radio and mail ads were launched in response to an aggressive ad campaign run by Vermonters First.
As campaign finance filings for mass media purchases show, the super PAC, which is bankrolled chiefly by Burlington’s Lenore Broughton, has spent more than $800,000 on behalf of right-wing candidates this election cycle. In October alone, Vermonters First paid out $165,660 to a Republican firm in Richmond, Va. The firm drew up mass mailings in support of right-leaning Republican and independent legislative candidates. The super PAC also spent $3,320 in newspaper ads for candidates running for the House.
One of the Democratic radio ads and the new mass mailing feature statements from House Speaker Shap Smith, D-Morrisville, who criticizes the super PAC for disseminating what he says is misleading information.
“Your vote is your voice,” he said in the radio ad. “Don’t let it be drowned out by big money. This Election Day, vote for the candidate who can get the job done.”
The ad is running on WDEV, which broadcasts from Rutland to Franklin County, and on Catamount Radio in the Rutland region.
These new ads come after the Democratic Party paid $35,000 earlier in October for robotic calls and a mass mailing for national, statewide and local Democratic candidates.
Condon takes issue with depiction of Dems
“Hogwash”
That’s what one radio ad produced by Rep. Jim Condon, D-Colchester, called a message issued by Vermonters First in a mass mailing.
Condon, director of the Vermont Association of Broadcasters, was stunned by some of the super PAC’s postcards, which he said falsely associated him with raising property taxes and supporting a single-payer health care system.
“I was mystified,” he said on Thursday. “First of all, it said Democrats want to put taxes on services, and that’s not the case. I publicly scolded the Blue Ribbon Tax Commission last year that that wasn’t doable both politically and economically. And on health care, I was one of three Democrats that voted against (Shumlin’s) health care plan.”
In response, Condon issued a letter to the editor of the Colchester Sun and helped the Democrats create four radio ads.
Two of them, titled “Jump-Shot” and “Kindling” are airing on WDEV and another two, titled “Medicine Show” and “Hogwash,” are on Catamount Radio.
“How do you like that? A big money super PAC is trying to influence our local town election,” Louie Manno says in the 30-second “Hogwash” ad. “They say Democrats want to tax services. That’s pure (pig sounds) hogwash.”
To listen to the radio ads, click below.
Mass mailing and murky laws
The Democrats’ mass mailing should hit mailboxes in areas targeted by Vermonters First — like Franklin, Chittenden and Addison counties — by the end of the week.
The postcard created by Connecticut-based Bridge Communications, emphasizes the message that Democrats can work across the aisle with Republicans in the Legislature. It highlights a statement made by Don Turner, Republican House Minority Leader, about bipartisan success during last year’s legislative session.
Turner’s quote reads: “We really appreciate the effort of the majority leadership, and the Speaker, to allow us to work with them to obtain a reasonable resolution to the redistricting puzzle. We’re thankful that we were able to work together.”
But Turner, who had no idea his name was mentioned in the mailing until asked about it, said that quote doesn’t paint a full picture of the situation in the Statehouse.
“It’s disappointing that they try to distract voters from this dangerous path we’re heading down of a one-party governance,” he said about the Democrats. “I stand behind my statement on that issue, but that’s one issue of the hundreds we dealt with. On that one particular issue, we did work together because there was active discussion … but there were numerous issues where there was no debate, like on health care and energy issues. There was no discussion and no compromise. It is one party rule.”
Furthermore, Turner says that the omission of his name under “Candidate(s) mentioned” on the mass media filing form is a violation of Vermont campaign finance law.
When Charyk was asked about the issue, he said at first that he would file an amended notice. But after talking with his lawyer, he changed his mind. Since the mailing wasn’t sent out to Turner’s district, and it doesn’t promote or oppose a candidate for office, he says an amendment may not be necessary.
“I make no mention of his candidacy and didn’t mail it to anyone who can vote for him as a candidate,” said Charyk.
Secretary of State Condos said that while he encourages the Democrats to submit an amended mass media filing, the root of the issue stems from a legislative gray area.
He pointed to the campaign finance statute, and said that a filing for “electioneering communication” should mention a candidate if it “refers to a clearly identified candidate for office and … promotes or supports a candidate for that office, or attacks or opposes a candidate for that office, regardless of whether the communication expressly advocates a vote for or against a candidate,” as Title 17 of the statutes reads.
“It’s kind of a gray area,” said Condos, “because it’s not going after (Turner), but he is a candidate, and we always err on the side of caution … We would recommend that Don should have been included. It’s up to (the Democrats) to make that decision, but if it were up to us we would say he should have listed the name … This is getting pretty petty between both sides.”
While mass political mailings and radio ads have been used for decades, Condos said the Legislature should clarify such campaign finance laws and bring others up to speed.
“Clearly the Legislature needs to clarify the language that is in the (campaign finance) statute,” he said. “A lot of these statutes were done prior to a lot of the technology we have available to us today, so (the Legislature) needs to catch up.”
