Lawyer: New Golisano PAC Can Spend Whatever it Wants
I just spoke with Tom Golisano's lawyer, Henry Berger, who told me that Golisano, through the new political action committee that he formally launched today, "can spend whatever he wants" in this fall's legislative races.
Speaking by phone from his Manhattan office, Berger said Golisano's committee won't breach any state spending limits because it won't be donating directly to any candidates. Instead, the PAC will only be making "independent expenditures" to support or oppose candidates of Golisano's choosing. This way, Berger said, the PAC's activities are protected by Golisano's right to free speech.
"Golisano can spend as much money as he wishes as long as it's not coordinated" with any campaign, said Berger, who was in the news earlier this year when he helped David Paterson address some campaign finance-related questions that were raised when he became Governor. This means that Golisano can ask candidates about their positions on issues but not ask questions about their campaign resources or strategy, the lawyer explained.
"This is not an easy area of the election law," he said.
For the record, Berger declined to say if he himself is involved with any legislative campaign this year.
- Poll
- Obama (D)
- McCain(R)
- Spread
- RCP Average
- 46.6
- 44.2
- Obama +2.4
- Candidate
- Favorable
- Unfavorable
- Spread
- Obama
- 55.8
- 35.8
- +20.0
- McCain
- 54.8
- 36.6
- +18.2
Facts on Tom Golisano’s Political Action Committee (“PAC”):
I. Tom Golisano Cannot Contribute More Than $150,000 to his “PAC”:
The Election Law 14-116
8. Except as may otherwise be provided for a candidate and his family, no person may contribute, loan or guarantee in excess of one hundred fifty thousand dollars within the state in connection with the nomination or election of persons to state and local public offices and party positions within the state of New York in any one calendar year. For the purposes of this subdivision “loan” or “guarantee” shall mean a loan or guarantee which is not repaid or discharged in the calendar year in which it is made.
II. Tom Golisano may not spend more than $6,000 in the primary on behalf of Joe Mesi either individually or in coordination between Golisano’s “PAC” and Mesi’s Campaign:
The Election Law 14-100
9. “contribution” means:
(3) any payment, by any person other than a candidate or a political committee authorized by the candidate, made in connection with the nomination for election or election of any candidate, or any payment made to promote the success or defeat of a political party or principle, or of any ballot proposal including but not limited to compensation for the personal services of any individual which are rendered in connection with a candidate’s election or nomination without charge; provided however, that none of the foregoing shall be deemed a contribution if it is made, taken or performed by a candidate or his spouse or by a person or a political committee independent of the candidate or his agents or authorized political committees. For purposes of this article, the term “independent of the candidate or his agents or authorized political committees” shall mean that the candidate or his agents or authorized political committees did not authorize, request, suggest, foster or cooperate in any such activity; and provided further, that the term contribution shall not include:
III. Steve Pigeon, a Golisano confidant, is an Agent of candidate Joe Mesi:
“Mesi, who is famous for his boxing career, is close to Pigeon, who is playing a major behind the scenes role in the Mesi campaign.” –The Capitol 7/1/2008
“Given that Mesi is championed by former Erie County Democratic Chairman Steve Pigeon…” – Buffalo News 4/6/2008
“Mesi is connected to former Erie County Democratic Chair Steve Pigeon…” – The Capitol 3/10/2008
“[F]ormer Chairman Steve Pigeon burst onto the crucial State Senate scene with a famous candidate like boxer Baby Joe Mesi…” –Buffalo News 3/9/2008
“If Mesi makes the move, he brings instant name recognition and the network of former Erie County Democratic Chairman Steve Pigeon, his political godfather.” –Buffalo News 2/17/2008
“Mesi said he has been encouraged by former county Democratic Chairman G. Steven Pigeon, a close family friend who has often mentioned the boxer as a future candidate for office. ‘Through Steve, I've talked to all the big players in Albany,’ said Mesi, adding that he has also discussed his candidacy with local minor party leaders.” – Buffalo News 2/14/2008
IV. Steve Pigeon has authorized, requested, suggested, fostered and cooperated in the activities of the “PAC”:
“Steve Pigeon, who will be running the operation funded by Golisano…” –Capitol Confidential 7/7/2008
V. Did candidate Joe Mesi authorize, request, suggest, foster or cooperate in any way with Tom Golisano?
“[Golisano]’s spoken with Kathy Konst, “Baby Joe” Mesi, and Rick Dollinger…” – Capitol Confidential 7/8/2008
VI. Because Golisano’s “PAC” will not be independent of candidate Joe Mesi, it must comply with the contribution limits for a State Senate race:
The Election Law Section 14-114 and section 6214.0 Rules and Regulations, for 2008 limit such contributions as follows:
State Senate Primary $6,000
State Senate General $9,500
The above commenter is correct. If Mr. Berger actually said that this activity would not be violating state law, then he is wrong. If Mr. Berger believes that the state law, as applied to this situation, is unconstitutional, then he may have a claim.