Finance Reform from Scandal

Appeared first in Detroit Free Press

Two lawmakers predict the actions of former Detroit Mayor Kwame Kilpatrick will lead to the passage of a new campaign finance reform measure.

Reps. Marty Knollenberg, R-Troy, and Pete Lund, R-Shelby Township, told the Free Press on Friday that they expect the state House to pass Knollenberg's proposal to ban elected officials from using campaign funds to defend themselves against lawsuits or criminal charges.

"These campaign accounts shouldn't be used as a secret slush fund for a civil or criminal type of activity," Knollenberg said. "I think that's the concern that the general public has, and certainly I, as a lawmaker, have, with other elected officials using this for not the intended purpose."

Knollenberg's legislation would clear up a dispute over Michigan's campaign finance law, triggered by Kilpatrick's use of about $1 million in campaign funds. Kilpatrick tapped his re-election account to pay the lawyers who defended him against criminal charges stemming from the 2008 text message scandal that drove him from office.

After the Free Press reported on the expenditures, retired Wayne State University law professor Maurice Kelman filed a complaint with the state alleging Kilpatrick violated the state's campaign finance act.

Kilpatrick attorney James Thomas countered that Kilpatrick's use of the money was proper. He argued contributors gave Kilpatrick the money to keep him in office and that, if convicted of felonies accusing him of lying under oath during a whistle-blower lawsuit, Kilpatrick would have been forced out as mayor.

Michigan Secretary of State Ruth Johnson essentially sided with Kelman and state elections bureau chief Chris Thomas. Kilpatrick attorney Thomas (the men are not related) argued the matter before a state administrative law judge on July 19. A decision is pending.

In the meantime, Knollenberg introduced the bill to prevent other elected officials from following Kilpatrick's lead.

"Unfortunately, people are taking this gray area and using money from one account for a purpose that's not justified," Knollenberg said, adding that campaign funds could still be used to hire lawyers to work on election-related matters, such as a recall attempt.

Knollenberg also said elected officials who want to use contributions to defend themselves in disputes can still set up a legal defense fund. He said that way, "you have to make your case with those that want to give that you've got a defensible situation."

If his proposal becomes law, officials found guilty of misusing campaign funds to defend themselves in legal matters would be guilty of a misdemeanor.

The bill has been sent to the House Redistricting and Elections Committee, which Lund chairs.

"I fully expect it to pass quite easily," Lund said. "The issue is pretty much common sense, and all you have to do is look at the abuse of the Kilpatrick fund and say we in the state don't want this to happen again."

If the House approves the measure, it would go to the Senate. If it wins approval there, it would need the governor's signature before becoming law.

No matter what happens with the legislation, it apparently will not affect Wayne County Executive Robert Ficano, who has said he will not use county money to hire a private attorney to represent him in a federal probe of Wayne County government.

Ficano spokeswoman Brooke Blackwell told the Free Press on Thursday that Ficano will use his own money -- and not campaign funds -- to pay his attorney.