Democrats request investigation of Hyde campaign

The NC Democratic Party requests that the NC Board of Elections investigate the campaign of Jeff Hyde, Republican candidate for NC Senate District 27, related to a raffle held in June by the Hyde campaign in which the winner remains a mystery.

The Democrats want the board of elections to require the Hyde campaign to amend its campaign finance report "to disclose all contributions and expenditures" and "to return any impermissible contributions that have been received."

Alleged violations of campaign finance law, as outlined in the Democrats' complaint:

The winner's name is not disclosed in the second quarter report filed by the Jeff Hyde Committee. In order for the winner's name to be included in the drawing, he or she would have had to made a $100 contribution to Jeff Hyde for Senate. Under North Carolina election law (163-278.11), contributions that aggregate over $50 must be itemized to include the contributor's name, address, employer and occupation. Further, under North Carolina law (163-278.14), contributions in the name of another are prohibited. Therefore, the campaign is in violation of the law for either not disclosing the winner's contribution or the campaign is in violation for allowing another donor to purchase a ticket in the winner's name.

North Carolina law sets individual contribution limits at $4,000 per individual per election cycle. Contributions are defined as "any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, pledge or subscription of money or anything of value whatsoever, to a candidate to support or oppose the nomination or election of one or more clearly identified candidates to a political committee, to a political party, or to a referendum committee, whether or not made in an election year, and any contract, agreement, or other obligation to make a contribution. An expenditure forgiven by a person or entity to whom it is owed shall be reported as a contribution from that person or entity." [Emphasis added.] In opting not to accept the winnings, the winner in fact gifted or conveyed a $5,000 contribution to the Jeff Hyde Committee or forgave a $5,000 obligation owed by the committee, in either case a violation of North Carolina law, as the amount exceeded the $4,000 contribution limit.

Bonus point of interest: Information included in the complaint sourced to the Guarino blog.