APOC Complaint Against Rep. Bill Thomas Campaign (R-Haines)–The response(s).
Back on October 13th, I posted about the APOC Complaint I had filed against the re-election campaign of Representative Bill Thomas, Jr. (above, on the left, with Sen. Al Kookesh, who appears in several of the ads.) The complaint is in response to a newspaper advertising campaign consisting of 12 ads which ran in the Chilkat Valley News during the weeks leading up to the primary election:
…Upon further research, it was impossible to determine exactly what category of legal contributions these ads were attempting to fit, if any:
James Studley was the one who coordinated the entire ad buy. He provided the photos, drafted the copy, designed the ads and worked with Ms. Evandon on the buy, but directed Chilkat Valley News to bill each business listed on the ads for payment.
James Studley is a Deputy Treasurer for the Thomas campaign:
…because Mr. Studley was one of Thomas’s Deputy Treasurers and he coordinated the entire advertising buy, this did not appear to qualify as an “Independent Expenditure” because AS Sec. 15.13.135. and regulation 2 AAC 50.270 states that Independent Expenditures cannot be coordinated with members of the campaign.
This wasn’t the only “coordination with the campaign” regarding these ads. Per the complaint:
At least three high-ranking members of Representative Bill Thomas, Jr’s re-election campaign staff sit on their Executive Boards of some of the businesses purchasing these ads:
— Haines Real Estate (2 ads): Owned by Alaska Resources Consulting, Inc — James Studley, Deputy Treasurer for the Thomas Campaign, is President of Alaska Resources.
— Alaska Resources Consulting, Inc.(2 ads): James Studley, Deputy Treasurer for the Thomas Campaign, is President.
— Oleruds Inc. (1 ad): Doug Olerud is the Chairperson & Deputy Treasurer of the Thomas Campaign and he is President of Olerud’s, Inc.
— King’s Store Inc.: Gregg Richmond, Deputy Treasurer for the Thomas Campaign, is on the King’s Store Board of Directors as a Secretary/Treasurer.
Realize, I just wanted to file this complaint because it seemed to me to be a particularly flagrant violation of the Regs and Statutes. I have felt that the Citizen’s United ruling has caused some folks to think that “anything goes” and I felt a complaint like this would let people know that is not the case. However, I even expressed that I was understanding of the complexity and even the confusion…to a point. While I could have (and was encouraged to) lodge complaints against ALL of the businesses involved in this ad buy, I chose to only target those at the campaign. I believed they had the far greater burden and responsibility to know the law and I could see how the other businesses would easily trust them to make sure things were above-board.
Alaska Public Radio Network (APRN) did an excellent radio story on the complaint. The Chilkat Valley News, the paper that ran the ads, also did a story and it was the first indication of what the Thomas Campaign’s argument was going to be…via Deputy Treasurer Jim Studley:
But Studley this week said that he contacted APOC previous to running the ads and was told that as long as they were “thank you” ads, no reporting was required. “We really thought we weren’t doing anything wrong. On two of the ads we may have screwed up because we used the word ‘vote.’”
Soon after, Mr. Studley’s response to the complaint was posted on the APOC website. His defense is interesting:
I actually agree with Mr. Studley…the entire thing is VERY confusing. What is most confusing to me is that Mr. Studley, having been involved in previous campaigns, acted unaware of basic election law:
— Independent expenditures were already prohibited from coordination with the campaign…Citizen’s United did not change that.
— Those who do independent expenditures were already required to fill out form 15 – 6…Citizen’s United did not change that.
— If you feel that, “Filling this [required 15-6] form out, even partially is admitting that I have committed some offense…,” you probably have, whether you believe so or not.
It also seems that Mr. Studley’s story changes just a bit, based on to whom he is speaking. To the news media like the Chilkat Valley News, Mr. Studley claims that “He spoke to APOC” and got the response that “no reporting was required.” On a website called “Haines Alaska News and Comment; Conservative News Magazine for Alaskans,” Mr. Studley claimed that he was the one who spoke to APOC:
So, several months ago when Haines Businessman Jim Studley called APOC for advice on the plan to run “Thank you Bill Thomas” ads in the CVN, he acted in accordance with the information he was given, thinking there would be no problem.
It isn’t until his response to the APOC complaint…tucked away among the many PDF documents on the APOC site…that we discover he did not speak to APOC at all:
He was not given the information…it was asked for by and given to the Campaign Treasurer, Joyce Thomas. This is significant because the information was presented to APOC by the only member of the Campaign NOT DIRECTLY INVOLVED in the advertising and seemed to skip over the involvement of the others.
This is reflected in the communication from APOC, included in Studley’s response:
The key phrase: “If businesses are simply running the ads to thank him for his service and are not campaign related, they would not require disclosure.”
— I don’t believe there is any way to claim, when 3 of the individuals involved work for the campaign and one (Mr. Olerud) is even the Campaign Chair, that these ads are not “campaign related.”
— These ads were coordinated to appear weekly until the primary, and then more ads (at least 8 of them, not included in the APOC complaint) were set up to run weekly before the election:
–These ads CANNOT be taken as individual advertising, since they were created and organized by the same person (did I mention he was the Deputy Treasurer?) It was a coordinated ad campaign, with either the name or the picture of the candidate on every single one. Legitimate “advertisements of gratitude” would be organized by the individuals who are allegedly thankful and therefore seperate from the thankee, not folks whose job it is to get him re-elected.
–Mr. Studley did get past his fear of filling out a form 15-6, I assume to try and legalize the ad he placed on behalf of his own business, Haines Real Estate. I commend him for taking that step towards legality. However, he is still in violation of AS 15.13.135 forbidding “coordination with the campaign” since he had to coordinate it with himself.
There is one final aspect of Mr. Studley’s response I felt I should address:
First off, I have been unable to fathom what article Mr. Studley could possibly be talking about regarding “10 people to attack,” unless he completely misread this one…from The Democratic Legislative Campaign Committee:
For the next few weeks, we’ll be accepting nominations from the public for 10 additional state legislative races to be added to our 2010 “Essential Races” list.
It’s basically asking people to vote for the campaigns folks want to support…gee, yeah, that’s exactly the same thing. *eyeroll*
Secondly, there was no “malicious attack on his character.” Mr. Studley is personalizing my recounting of the intimidation some folks in the Southeast have felt and expressed. It wasn’t directed at him. However, perhaps Mr. Studley is personalizing it for a reason. It’s clear he doesn’t understand that weekly advertising coordinated by the campaign of a powerful, corporately-well-funded Legislator by utilizing the most successful businesses in Haines is extremely intimidating to anyone who may disagree…especially in a small town. That’s why these rules exist in the first place. That’s why this “activist, Liberal, Democrat(ic) blogger from Anchorage” decided to provide a little support, and I won’t hesitate to do it again if someone else is flagrantly breaking the rules.
(Note: The APOC hearing will be the third week of November.)
FYI–It seems that the Haines “Conservative News” site is down. Did someone make some comments over there that they didn’t like? Tsk, tsk (LOL).
The site’s not down anymore and the only comment they have up is from Studley himself. Will our friends here please go to the site and tell them how important it is to obey campaign disclosure and reporting regulations? http://hainesnews.net/2010/10/27/apoc-complaint-targets-haines-business-community-apoc-violation-or-political-hit-job/
Thank you!
Excellent Linda; this kind of pressure is so important. Unfortunately, our experience with APOC is so bad and the example given above about Berkowitz’s filing makes it crystal clear what to expect in this case also. The Haines ads are illegal on their face and an egregious abuse of the system. It’s so amateurish of the Thomas campaign not to solicit legal advice before responding to your complaint. It seems to assume that there is no legal standing in your filing and it’s not worth employing legal talent to rebut. In any other system they’d get their a$$es kicked for such shoddy responses in addition to the original offense, but in Alaska, they’ll probably go out for drinks together after the ruling.
In spite of all that, I admire you tremendously for taking on these causes. You are a role model for us all.
I hope APOC takes these ads seriously and in total. Haines has been deceived into thinking these ads were spontaneous expressions of thanks and gratitude – what hogwash! The ads have in all likelihood influenced the election. I hope they are fined heavily so they won’t think about doing something so illegal or trusting Studley ever again.
Thank you Linda!
APOC was also slow to do anything about Lindauer in ’98.
Thanks for getting the ball rolling on this discussion, Linda. Ethics is a key issue in this year’s elections in Alaska. And you are our perpetual conscience.
Not just ethics in general, how about work ethics too?
*winks & wiggles*
Reposting that quote above for more accurate attribution for association with Parnell. My error, it wasn’t APOC it said this, it was, perhaps even worse, it was Parnell’s campaign manager. Got to wonder if there is too close association with APOC and Parnell and Alaska’s Republicans in power? Kind of like the Div. of Elections and Alaska’s Republicans in power? I’m sure there are ethical Republicans out there in the public, but not so sure about those currently in public office.
“The Parnell campaign was not listed as a party in the complaint. Campaign manager Michelle Toohey nonetheless applauded the decision and said Berkowitz had tried to drag Parnell “through the mud.”
“I hope this finding is a clear message to the Berkowitz campaign that the Alaska Public Offices Commission is not a vehicle to make wild or false accusations about their opponents,” she said in a statement.”
Linda-
THANK YOU!! We need people like you to help us in our smaller towns and villages when it comes to doing what is right and lawful.
Too often people do as they please as they figure they can get away with it, and they do.
Hopefully this will also bring more clarification to the laws so we can get it right.
If the OT comments were reposted on the very current Open Thread, others would be more encouraged to respond. 🙂
Thank you Linda – folks in Haines think “it’s just Haines” and need reminding that change begins at home. We can’t change Alaska if we don’t change the petty corruption in our own backyards.
Seems like a pretty slippery slope, APOC. That “thank you” ads for incumbents during a campaign season would not be considered political ads.
APOC ruled quickly that RGA (Republican Governors Assoc.) spending against Ethan Berkowitz are not illegal (even though RGA was not registered as a group with APOC). They have put off the ruling on Thomas ads until after the elections.
Furthermore APOC said in the Fairbanks News-Miner on October 26, “I hope this finding is a clear message to the Berkowitz campaign that the Alaska Public Offices Commission is not a vehicle to make wild or false accusations about their opponents,” she said in a statement.
Can we trust APOC any more than the Div. of Elections?
This is the year that Alaskans must return ethics to state and federal government. The Republican incumbents–Parnell/Campbell/Sullivan and their appointees must go.
McAdams is the Senator we need to move Alaska into the 21st century.
Here’s the link on the News-Miner story with that quote:
http://www.newsminer.com/view/full_story/10052156/article-Alaska-board-rejects-Berkowitz-attack-ad-complaint-?instance=politics_news
Heard the Quitter on CNN this morning, knocking Mukowski . Wonder if she watched Larry King Live last night—-most of the guests threw the quitter under the bus.
Go, Linda, go!
off topic – Liza Mukowski could have avoided subverting Alaska’s election law by printing voter guides. Business cards with the word vote, a filled in oval and the correct spelling of the candidate’s name could be easily printed on any pc. They could leave these cards at willing businesses, community centers, libraries …. People who are unable to spell McKowski after seeing it on a ballot for decades could slip that nifty little card into their pockets and take it, and a black pen, into the voting booth. The population of Alaska is less than 700,000. Half of those people don’t vote, half of those will surely not want to vote for Lima. Presumably of the remaining 175,000 there are a few who can spell her name – so they’d only have to print about 174,956 to make this plan work.
And Palin’s “Operation Chaos” !!! she really has no shame. She’s a long time former government employee and is doing all she can to thwart the efficient functioning of goverment. We know she’s nuts, but this is beyond dirty tricks – it’s treason. Maybe she’ll get eaten by a bear when she’s off hunting moose. (okay – I’m a city kid)
Linda, it’s too bad that trying to keep Alaska honest isn’t a paying job! If it were, you’d be in the money.
Seriously O/T… but important- Halcro supports Ethan for Governor.
http://www.andrewhalcro.com/ethan_berkowitz_for_governor
Linda,
I SO admire your honesty, intelligence, integrity, good character, and tenacity to hold arrogant people accountable when they cross the line. You are amazin’! Alaska is a better place because of you.
Linda-
Thank you neighbor!
It is difficult to tease the mechanics of intimidation out of many small town political activities but you have done an excellent job here.
Mr Studley would be wise to sit back a moment and think through his own varied responses to the APOC complaint. He’s not speaking to his own next door neighbors anymore, he’s speaking to all of us here in Alaska. We are watching.
Co-ordinated action , even in the form of so-called thank you ads, has the flavor of campaigning when it flows from those on the re-election committee whether the businesses pay for the ads themselves or not. He fails to address that.
Instead, as you point out, he personalizes it towards you and waves the old freedom of speech flag.
The latter is becoming tattered and muddy from all the abuse folks have put it through in recent years.
I am so glad that you do this. I admire your diligence and your work ethics(you are not following the example set by Twitter Queen or Joe miller!)
Thanks again!