Attorney General Lynn Fitch wants campaign finance reform and stronger enforcement–wait, what?

Attorney General Lynn Fitch’s reluctance last year to investigate and prosecute campaign finance violations prompted other state leaders to call for reforms and stronger enforcement.

Fitch is now calling for – wait for it – campaign finance reform and more enforcement. This appears to be, at least in part, political damage control, trying to get ahead of her in areas where she is being pelted with stones and arrows.

Fitch, whose own campaigns are largely funded by out-of-state special interest groups, said during a brief media tour with conservative news organizations that “states with deep pockets interfere in Mississippi elections.” He said he wanted to put a stop to “outside influencers.”

But strangely, in announcing the move, Fitch offered an open call to out-of-state influencers to spend unlimited amounts of money on Mississippi’s elections.

In a press release announcing the call for reform, Fitch said that contrary to more than 30 years of legal interpretation and practice, there is no limit to the amount that out-of-state companies can donate to candidates in Mississippi. She also put it in italicshighlighted her attempt to override one of Mississippi’s few strict campaign contribution rules.

This is contrary to at least 30 years of legal interpretation and practice. Mississippi candidates and campaigns have operated on the premise that out-of-state businesses face the same $1,000 annual contribution limit as in-state businesses.

In a written campaign finance guide for candidates in Mississippi, the Secretary of State has advised candidates for decades that: Candidate for public office or political committee. ” His 2024 guide for current candidates includes the same language that makes no distinction between out-of-state and in-state businesses.

Fitch’s office did not respond to questions about his new interpretation that such restrictions do not apply to out-of-state companies. Just a few months ago, on August 4, 2023, Fitch itself appeared to believe that the restriction would apply. He said a PAC run by lieutenant gubernatorial candidate Chris McDaniel’s campaign treasurer received out-of-state funds after months of inaction on serious campaign finance complaints. He said his office is investigating whether he tried to “exceed corporate contribution limits” by shuffling through PACs.

But now, Fitch argues, out-of-state companies do not face the state’s $1,000 limit law. This is likely based on the law’s language, which states: “It shall be unlawful for any corporation organized under the laws of this state to make more than $1,000 in contributions to a candidate in any year.” But the law also says it applies to any company “doing business in this state.” This language is liberally interpreted, as is the Corporation Law and other regulations in Mississippi and other states. There are many implications to doing business in this state, including donating to candidates, so out-of-state companies are limited to $1,000 a year, at least in practice.

read more: Chris McDaniel, Lynn Fitch, and the missing $15,000 case

Fitch, the only state agency with explicit authority to investigate and prosecute campaign finance violations, appears to have engaged in several legal distortions to avoid the need to do so. Many political commentators say this is because she likely has higher political ambitions for the governor’s office and doesn’t want to anger the more conservative wing of the Republican Party by strangling her campaign finances. thinking.

Fitch said in a radio interview last week that it “allows outside-of-state influencers to decide and choose who should be candidates within the state…(and) enforcement is also needed.” Told. She said her previous elections were “clearly unethical, clearly immoral…but they were not crimes under our laws.” She said she wants lawmakers to fix that. Fitch’s office has campaign enforcement powers, but some say he is refusing to exercise that power.

Fitch’s calls for reform and limits on out-of-state funding in Mississippi ring a little hollow. Most of Fitch’s own campaign contributions came from out-of-state companies, about $727,000 of his $1.27 million, according to his 2023 financial report.

Fitch also appears to receive significant funding from stakeholders outside of the states with which the firm has contracts. Records show that Mr. Fitch donated more than $300,000 to his campaign last year to an out-of-state law firm (there is no $1,000 limit for law firms and other forms of limited liability companies) and at least Signed nine AG firm contracts.

Secretary of State Michael Watson declined to comment on Fitch’s reform calls and statement that the $1,000 limit does not apply to out-of-state companies. Mr Watson has called for major reforms and appeared to criticize Fitch last summer, saying he did not want more powers for his office.

“But when people don’t do their jobs, I stand in for the people of Mississippi,” he said.

read more: Chris McDaniel and Lynn Fitch show Mississippi is better off without campaign finance laws

Lt. Gov. Delbert Hosemann, who last year filed several campaign finance complaints against his primary opponent, McDaniel, with county officials, is also calling for reform and more enforcement. Hosemann said on the night of the primary that he won, that campaign finance reform would be a top priority for the Senate this Congress.

Calls for campaign finance reform in Mississippi are fairly common, especially during statewide elections. However, actual reform is rare. After more than a year of investigations by the Clarion-Ledger, lawmakers in 2017 investigated the practice of Mississippi politicians spending campaign contributions on personal expenses, a practice known as “legalized bribery.” Passed a law repealing the act.

But otherwise, Mississippi’s weak campaign finance laws have been tweaked and changed only piecemeal over the decades. Currently, the law is a confusing and often contradictory patchwork. For example, new laws regarding the expenditure of personal expenses conflict with some existing laws that remain in place.

And enforcement was almost non-existent.

It’s unclear whether the kind of sweeping reforms Mr. Watson is proposing will be taken up in this Congress. Lawmakers are generally reluctant to police their own campaigns or give other officials more coercive power. Some argue that appointed ethics commissions should be given more authority and enforcement power, since many other states use unelected bodies to police campaign finance.

Fitch’s Democratic challenger in last year’s election, attorney Greta Kemp Martin, unsuccessfully campaigned for reform and enforcement of campaign finance laws.

“It’s interesting to see Attorney General Fitch’s renewed interest in election law,” Martin said last week. “Especially given that there were no obvious concerns until Election Day.” We definitely need stronger penalties, reform, and transparency in campaign finance in Mississippi. However, AG Fitch has not indicated that enforcing even the minimal laws currently in place is a priority for her office…Furthermore, this sudden interest has led AG Fitch to I would be interested to know if you have looked into this, especially in the following cases: That includes donations from out of state. ”

Fitch did not provide many details about her “reform package” in the press release or subsequent interviews. His office did not respond to questions about what specific bills might be introduced or which lawmakers would introduce them.

However, Fitch said it wanted to further increase the transparency and truthfulness of campaign finance reports and proposed adding “perjury charges to all campaign finance reports, with penalties of up to 10 years in prison.” . He also called for improving civil penalties for violations and “empowering the Secretary of State to do his job” of making public campaign finance reports easier to read and search.

Fitch wants to ban “” even though most everyone else already thinks it’s been the law for decades.All corporate donations over $1,000, not just those made by Mississippi corporations, which is current law.” (These italics are hers.)

Fitch said in a press release: “We are working to prevent outside special interests from interfering with our elections and to give Mississippi voters the tools to know who is trying to influence their vote. We have devised a series of reforms to strengthen the law and hold bad actors accountable.”