Political ad draws suit in race for governor

Daily Record and the Kansas City Daily News-Press, Jun 20, 2008 by Charles Emerick

An independent political group headed by a Kansas City attorney is under fire for a television ad attacking gubernatorial candidate Sarah Steelman.

A lawsuit filed in Independence on Wednesday alleged Americans for a Better America shares a connection with the campaign run by Steelman's opponent, Rep. Kenny Hulshof.

Matt Cleveland is the suit's lone claimant. The filing only states that he lives in Knob Noster.

In a statement, Cleveland's attorney, Caleb Stegall, of The Stegall Law Firm in Perry, Kan., called Americans for a Better America a "front group" for Hulshof's campaign.

Art Fillmore, an attorney with Levy and Craig and president of Americans for a Better America, had not yet been served with the lawsuit on Thursday. But he said the group has done nothing wrong.

"I can tell you there was absolutely no consultation with the Hulshof campaign prior to running that ad," he said.

The ad in question, the lawsuit claimed, was purchased by John Thompson, who owns Thompson Communications and Patrick Media of Marshfield. The petition added that Thompson, who also is a defendant, has made previous purchases on the behalf of Hulshof's campaign at the same southwest Missouri television stations that are airing the ad.

Fillmore said Americans for a Better America formed to support candidates and issues in various state and federal elections. He anticipates the group will support other candidates in the future.

The organization's Web site states it supports conservative candidates.

The ad -- titled "Missouri Values" -- began airing earlier this week on five stations based in Springfield and Joplin.

The 30-second clip goes after Steelman, who is currently state treasurer, for allegedly being untruthful in her own ads. The narrator says Steelman "is in full attack and mislead mode" and that "telling the truth is a Missouri value."

Scott Baker, a spokesman for Hulshof's campaign, said Wednesday was the first time he heard about the television and Americans for a Better America.

A spokesperson for Steelman's campaign could not be reached.

In addition to the claim connecting the group to Thompson, the lawsuit states that Americans for a Better America has yet to file a statement of organization in Missouri. The petition said it formed May 22 and should have filed within 20 days.

The lawsuit went on to say Americans for a Better America and its contributors are conspiring to avoid campaign contribution limits. Stegall, in his release, said it was troubling that Fillmore allegedly claims the organization is not obligated to disclose its donors.

"Federal IRS filings obtained by this office indicate that Americans for a Better America claimed to be a 'qualified state or local political organization' exempt from federal disclosure rules," the release stated. "Such organizations are required by law to report donor information. If Fillmore intends to refuse donor disclosure he may have filed a false IRS filing."

Fillmore said there is no truth to those allegations as Americans for a Better America is registered as a federal 527 independent political group. Its registration was received from the IRS last week, he added.

The petition seeks a temporary restraining order that would prohibit Americans for a Better America from running any ads. The order also seeks to reveal the names of all contributors to the group and all of its expenditures.