Pollina vows to keep disputed contributions
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By Louis Porter and DANIEL BARLOW Vermont Press Bureau - Published: August 20, 2008
MONTPELIER — Progressive turned independent candidate for governor Anthony Pollina will not surrender $27,000 in campaign contributions now in dispute.
Pollina said he does not believe keeping contributions of more than $1,000 from some of the donors who have given to his campaign is a violation of campaign finance law.
"We must be very clear that our campaign has not violated any campaign rules and have received no notice to that effect," Pollina said in a statement.
That is not really accurate, Secretary of State Deborah Markowitz said. Her office has had conversations with Pollina's campaign about the money and that keeping it could be a violation of the state's rules.
"This is pretty surprising," Markowitz said. "Clearly the letter of the law would say that if you are an independent candidate you can only accept $1,000 per election."
After its campaign finance law was struck down by the U.S. Supreme Court the state "reverted" to its previous campaign finance limits. Under those limits major party candidates can accept up to $1,000 per election from each contributor. So a candidate running in the primary and general election could raise $2,000.
But independents do not have primary elections. So under the laws Vermont is now operating under they are at what could be considered a disadvantage in terms of raising money. And when Pollina — who had been running as Progressive, a major party in Vermont — announced he was running without party affiliation on the day primary candidates filed, the finance rules he was operating under changed.
"The interpretation of the law now being suggested discriminates against independent and minor party candidates," Pollina said in his statement.
"It is widely known that as far back as March, I was running in the Progressive primary. In our ongoing effort to broaden our coalition I decided to appear on the ballot as an independent on July 21," Pollina said. "The law says nothing about what happens if you change that party affiliation."
But it doesn't matter if he planned on running as a Progressive, said Markowitz, a Democrat. The fact is that when it came time to file with her office he did not file as a Progressive and therefore did not participate in the primary.
"He never filed a petition for a primary, therefore he has never run in a primary," she said.
For instance someone runs in a primary, raises $2,000 from donors and loses the primary they must return $1,000 of that contribution — since they will not be involved in the general election, said Markowitz.
It is possible someone will object to Pollina's fundraising and take the matter to the Attorney General's office, the next step, Markowitz said.
A new campaign finance bill passed by lawmakers this year would have allowed independent candidates to receive $2,000 per election cycle from individual donors but it was vetoed.
Pollina has some other options besides simply returning the money, according to a conversation with officials in the Secretary of State's office early in the day Tuesday.
Pollina could acquire a bank loan to cover the funds or solicit letters from contributors stating that the excess funds are considered loans to the campaign. The campaign would then have to repay those loans shortly after the general election in November, she explained.
Couples who are married or joined in civil unions that contributed over the $1,000 limit could also send letters to the campaign making it clear that the contributions were from both parties, thereby bringing those funds into compliance with state law.
Meg Brook, Pollina's campaign manager, said the campaign was not planning on considering those donations a loan.
"We haven't violated the campaign laws," she said. "What we are operating under is an interpretation of the law and there are questions about it."
Pull quote
"Clearly the letter of the law would say that if you are an independent candidate you can only accept $1,000 per election."
Secretary of State Deborah Markowitz
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