AI Legalese Decoder: Streamlining the Analysis of Finance Reports for Election Board, Prioritizing Concerns for Somerset DA’s Office
- September 13, 2023
- Posted by: legaleseblogger
- Category: Related News
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SOMERSET, Pa. ÔÇô Concerns about possible campaign finance violations by two Republican candidates for Somerset County commissioner are being directed to the Somerset County District Attorney to investigate. Election Board members Dave Flowers and Lois Caton made the recommendation in a 2-0 vote after a Somerset County resident raised a long list of concerns about Republicans Brian Fochtman and Irv KimmelÔÇÖs reports.
Diann Troutman, who made the complaint, said there were multiple instances where she ÔÇ£couldnÔÇÖt follow the trailÔÇØ of how certain donations were shared or recorded after it appeared the pair were spending significantly more than they collected in donations this summer. In at least one case, separate filings by Kimmel or Fochtman ÔÇô as well as their ÔÇ£friends ofÔÇØ committees ÔÇô highlighted that information was missing from another of those reports, such as a donation to the ÔÇ£teamÔÇØ that was only reported by one candidate.
In another instance, she said one campaign mailer or ÔÇ£brochureÔÇØ did not clearly identify who paid for the ad ÔÇô other than a Falls Church, Virginia, mailing address. Troutman said there was no documentation on any of the finance reports about the ad either. ÔÇ£(FochtmanÔÇÖs report) doesnÔÇÖt even list which position he was running for,ÔÇØ she said, referencing an eight-page Post-Primary report where Fochtman left the ÔÇ£office soughtÔÇØ box blank. ÔÇ£This isnÔÇÖt his first rodeo,ÔÇØ she said, noting heÔÇÖs currently the elected prothonotary. ÔÇ£When they signed this, they swore an oath to be truthful.ÔÇØ
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Fochtman and Kimmel did not attend the public meeting. In separate telephone interviews afterward, they said they werenÔÇÖt aware there were allegations against them. ÔÇ£My finance reports were filled out to the best of my knowledge ÔÇô and if something is wrong, IÔÇÖm sure we can rectify it,ÔÇØ said Fochtman, saying that if there were errors they were unintentional. ÔÇ£I donÔÇÖt have a bunch of accountants and lawyers to do my books. ItÔÇÖs me and my campaign treasurer.ÔÇØ ÔÇ£My finances are down to the penny. This is the first IÔÇÖve heard of this,ÔÇØ Kimmel told The Tribune-Democrat when contacted after the meeting.
Fochtman and Kimmel won the May primary, defeating incumbents Gerald Walker and Colleen Dawson. Troutman sometimes attends Somerset County commissioners meetings, and has clashed with Treasurer Anthony DeLuca during what has become a heated campaign season. DeLuca has been a steadfast supporter of FochtmanÔÇÖs and KimmelÔÇÖs efforts to unseat the current board and is listed among KimmelÔÇÖs contributors, a $900 contribution on campaign finance documents shows.
According to Election Director Tina Pritts, this is the first time in at least 20 years that finance reform allegations have been forwarded to the district attorney to review. According to the Election BoardÔÇÖs solicitor, violations could result in fines and criminal misdemeanor charges if violations are proven willful. But that in itself wouldnÔÇÖt block a candidate from staying on the ballot and ascending to a county office seat ÔÇô in this case, as a county commissioner, Solicitor Christopher Furman said. Candidates are required to file corrected finance reports before being sworn into office, Furman said.
Troutman also raised concerns about what she called ÔÇ£darkÔÇØ out-of-state money paying for at least two pro-Kimmel and Fochtman ads. She argued Virginia-based Political Action Committee Resolute RepublicÔÇÖs ads also should have been documented on both campaign forms as contributions. Pritts said the organization filed its own forms with the county office. Newspaper stories across Pennsylvania indicated the organization paid for campaign mailers for candidates in other races statewide not related to the Somerset County race.
Kimmel and Fochtman said they werenÔÇÖt aware of the ads until they started seeing them reach local voters. Both men said they had nothing to do with them. ÔÇ£I guess they had ads in Fulton County also ÔÇô but how can I document something I donÔÇÖt really know anything about?ÔÇØ Kimmel said. ÔÇ£We didnÔÇÖt pay for it.ÔÇØ
Somerset County Acting District Attorney Molly Metzgar said she will await information about the boardÔÇÖs summary and the allegations before beginning an investigation. Troutman said she had been filing letters to the Somerset Election Office since July 24 to get the matter looked at ÔÇô before it was weighed by the board Tuesday. The board credited her for a ÔÇ£thoroughÔÇØ review, although Flowers noted itÔÇÖs not the boardÔÇÖs job to confirm if deficiencies are valid, correctable or criminal. A third member, attorney Matthew Zatko, abstained from voting, citing that he has represented the Fochtman family for more than a decade in legal matters and viewed it as a conflict of interest. Caton said her husband is a first cousin to FochtmanÔÇÖs family, but said she did not know him to the point it would create a conflict.
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