Sebelius fined $1,500

Topeka Capital-Journal, The, Apr 28, 2006 by Chris Moon

By Chris Moon

THE CAPITAL-JOURNAL

Gov. Kathleen Sebelius on Thursday was fined $1,500 by the state ethics commission for violating campaign finance law.

The Kansas Governmental Ethics Commission said the governor's campaign committee erred in sending an e-mail to at least 16 registered lobbyists on April 12. State law prohibits fundraising solicitations from lobbyists during the legislative session.

The e-mail offered two links to readers to donate money to the Sebelius campaign. The ethics commission issued the fine on a 7-0 ruling.

Sebelius didn't object.

"As a former member of the ethics commission and a strong supporter of campaign finance laws, I respect this ruling and will take immediate action to make sure nothing like this mistake occurs again," the governor said in a statement.

A campaign staffer immediately paid the fine using funds from the Sebelius committee. The governor didn't attend the hearing.

It was the first time a candidate was fined under the lobbyist solicitation law while using e-mail. The ethics commission this summer is expected to lay down guidelines about how to use e-mail and not violate the law.

Sebelius said that would be helpful.

"This technology is becoming more widely used to communicate with voters," she said.

The fine was identical to one levied against Attorney General Phill Kline last month when an invitation to a fundraising event reached lobbyists. Kline self-reported his violation.

"We levied a similar fine in a rather similar proceeding," said commissioner Robert Miller, a retired Supreme Court chief justice.

Kline told reporters Thursday, "The commission is doing what it thinks best."

According to campaign staffers who testified before the ethics commission on Thursday, the Sebelius campaign committee tried to eliminate all lobbyists from a vast e-mail list but apparently failed. The message went to 92,000 people, they said.

They said three databases - containing a total of 438,000 names - were merged to form the list.

Campaign staffers then printed off the names of every registered lobbyist in the state, about 500 of them, and sent it to a Florida campaign consultant to be crossed off the mailing list.

The vendor failed to get all the lobbyists removed.

An investigator from the ethics commission, after receiving a copy of the e-mail from a lobbyist, found 39 potential lobbyists on the mailing list. He confirmed that 16 lobbyists received the message.

"The Sebelius committee deeply regrets what has happened with this e-mail," said Gary White, a Topeka attorney who represented the Sebelius campaign during the hearing. "Frankly, even one was probably too much."

The Sebelius campaign also attempted to deflect the seriousness of the offense.

White said the intention of the e-mail wasn't to solicit money. The short message simply noted the House recently had passed a large school funding plan.

"The intention of this when it went out was to be an information piece," he said.

But the message contained two links where readers could go immediately to a page on the governor's campaign Web site to make online donations. The larger button offered: "Make a Contribution."

When pressed by commissioners about whether he thought the e- mail violated the law, White deferred to the commission.

Commissioners seemed sympathetic.

"This doesn't appear to me to be a direct solicitation," said commissioner John Solbach, of Lawrence.

But it still was a solicitation, he said.

The commission on Thursday operated under a cloud of suspicion by some state lawmakers that it is anti-conservative.

Three conservative officeholders, including Kline, have been fined during the past year. Sebelius was the first Democrat to be called to a hearing.

Senate Elections and Local Government Committee Chairman Tim Huelskamp said the fine is too small.

He noted the governor is a high-profile figure with a large campaign staff and knowledge of ethics law.

"I think her fine should have been significantly higher considering she is refusing to admit there was a violation," said Huelskamp, R-Fowler.

Members of the nine-member ethics commission are appointed by the governor, secretary of state, attorney general, Kansas Supreme Court chief justice and legislative leaders. The group consists of both Republicans and Democrats.

But to deflect any appearance of bias, commission chairwoman Sabrina Standifer, an appointee of Sebelius, recused herself from the proceeding. Standifer is a Wichita attorney who served with Sebelius in the House.

She said the commission could do nothing to deflect allegations of bias.

"I don't anticipate those comments will go away," Standifer said.

Sebelius is the second governor in a row to be fined by the commission. In 1999, Republican Gov. Bill Graves was hit with a $1,000 fine for campaign finance report errors.

Chris Moon can be reached at (785) 233-7470 or chris.moon@cjonline.com.