[A] group of senators wants to strip the Vermont attorney general of his authority to enforce the state’s campaign finance laws and cede that power to an independent commission.
Currently, Bill Sorrell, the Vermont attorney general, is responsible for prosecuting violations of state election laws.
A prominent Republican last week accused Sorrell of flouting campaign finance statutes and asked Sorrell to hire an independent counsel to investigate the matter. The attorney general refused and deferred to the 14 state’s attorneys who have the authority to conduct a probe. (None has come forward.) The governor could appoint an independent investigator, but he’s said he’s too busy to do so.
In the wake of the allegations against Sorrell, senators are calling for the formation of an independent elections oversight panel. The panel would be responsible for enforcing campaign finance laws. Sen. Joe Benning, R-Caledonia, wants the commission to also have the power to investigate ethics violations.
The Senate Government Operations Committee will hold a hearing on the commission proposal at 1 p.m. Tuesday in the Statehouse. Lawmakers want to discuss the campaign finance enforcement process, not the specific allegations against Sorrell, Benning said.
Brady Toensing, the vice chair of the Vermont Republican Party, filed a four count complaint against Sorrell last week. Toensing alleges that Sorrell violated campaign finance laws in 2012 by coordinating with a super PAC; that he failed to report campaign expenditures on 16 occasions; that he improperly coordinated campaign activities with Dean Corren in 2014; and that he received a large campaign donation from a law firm he later hired.
The Charlotte attorney has demanded that Sorrell appoint independent counsel to investigate the allegations.
Sorrell has denied any wrongdoing and refuses to hire an independent investigator to probe the matter because he says it would be a “waste of taxpayer money.”
The attorney general said in an interview he would be willing to testify, and he doesn’t have any issue with the Legislature creating an independent commission.
“The truth is one of the most thankless parts of my job is campaign finance violations,” Sorrell said. “I try really hard to be even-handed in all this. I’d welcome (Senate Government Operations) asking me to come in and talk about it.”
Sen. Anthony Pollina, D/P-Washington, said events on Monday and Tuesday — when Sorrell was asked to investigate himself and then decided not to — “doesn’t pass the laugh test.”
“I think that really shines a spotlight on what’s wrong with the way we do it now,” Pollina said in an interview. “You can’t have an elected official investigating another elected official, and whether they’re someone from the same party or other parties, you’re going to have it all being in this political context.”
Pollina said the state needs an independent commission to conduct campaign investigations, in order to maintain public confidence and keep partisan politics from undermining ethical standards for campaigns.
“I think the independence would be a big improvement, and I think it would give people more confidence in the process,” Pollina said. “(Without the changes) people will perceive that there is partisanship involved, and I frankly think at times there will be partisanship involved, as much as we would like to rather not admit it.”
Benning said the issue is “a delicate line” and the committee should bear in mind the smallness of Vermont as it considers the scope of the commission’s authority.
“If we conclude that all transactions are naturally suspect, I doubt we’re gonna have people contributing to campaigns if they seriously want to have a good contract with the state,” Benning said. “Or we’re not going to be able to have the best contractors working for the state because they’re blocked for having given a campaign contribution.”
Sen. Jeanette White, D-Windham, chair of Senate Government Operations, said the committee would not be able to tack any campaign finance changes onto the miscellaneous election bill, H.477, this year.
The Toensing allegations have spurred a broader look at election law changes.
Sorrell recently imposed a fine on Dean Corren, a Progressive candidate for lieutenant governor in 2014 that the Vermont Public Interest Research Group and others have said is disproportionate. Corren, whose campaign was publicly financed, was fined $10,000 for an email from the Vermont Democratic Party that Sorrell says is a $255 in-kind donation.
Corren was also required under Vermont law to empty the remaining balance from his campaign finance account, which was $52,000. He received a $10,000 fine for this violation, and must pay the state $72,000 in all.
Benning said he has no political affiliation with Corren, “but the fine to me looks totally inappropriate.”
“Corren is a Prog, but it could be anyone in the Republican Party tomorrow,” Benning said. “It’s not passing the smell test.”
Paul Burns, executive director of VPIRG, said the Legislature should rewrite the law because the Corren penalty doesn’t fit the crime.
“It would prevent a situation where you have a de minimis crime resulting in the death penalty, and I think that’s something where we have to rely on somebody’s good sense to make the penalty fit the crime,” Burns said.
VPIRG is also seeking to broaden an existing law that prohibits the state treasurer from entering into a contract with a campaign donor. The law only applies to donors to the treasurer’s campaign, but Burns said the Legislature could extend it to the governor, attorney general and other statewide officeholders.
Sorrell took donations from a law firm that he eventually hired on behalf of the state, according to an article in Seven Days.
Burns characterized the incident as “pay to play” that has the appearance of a quid pro quo, even if it is not actual corruption. Burns said it’s reasonable to ask someone holding a government contract to stop making campaign donations.
“I think it’s fair to say that once you’ve been awarded a contract, you can’t make additional contributions,” Burns said. “Regardless of what’s being discussed in the news, there is a perception there, and perception is reality to folks.”
