Oops, She Did it Again!
In an email to supporters last week, Del. Kathy Afzali [R-Dist.4] said she would not be seeking reelection, but would make an announcement about her political plans after Labor Day. But, if you didn’t scroll down far enough, you missed Afzali’s big red “Donate” button, and her pledge to share those donations with the Middletown Volunteer Fire Department.
"If you donate to my efforts for common sense government, this week I will give 1/2 of all contributions to the Middletown VFD.
They need our support!" Afzali writes.
A seemingly generous gesture, but one that is forbidden by state law. The Maryland Candidacy & Campaign Finance Laws summary says that campaign funds may not be used soley for charitable purposes. “Maryland law requires campaign funds to be used for the purpose of supporting or opposing a candidate, question, or political committee,” the summary reads. “Furthermore, it is important to keep in mind that contributors give to campaign committees for one important reason – they want to support the candidate, question, or political party in an election. When campaign funds are spent for a non-campaign related purpose, it frustrates the intent of the contributor.”
The only time a charitable donation is permissible is when it is used for a campaign purpose, according to election law. “For example, a candidate may permissibly use campaign funds to attend a charitable event since attending the event increases the candidate’s visibility and allows the candidate to network with potential voters and donors.”
Del. Afzali could legally ask donors for money to attend charitable events, for example, to benefit the Middletown Fire Department, but she cannot give campaign donations directly to a charity, according to state law.
The Frederick Extra emailed Jared DeMarinis, director of candidacy and campaign finance for the state board of elections, the link to Afzali’s message, and the relevant language from the summary of campaign finance laws.
“I think the summary guide answers the question on charitable donations there, so if you need something to quote from that’s probably the best [source]," DeMarinis said in a voicemail message in response to phone and email inquiries about Afzali’s request.
After leaving the voicemail message, DeMarinis did not return several calls from The Frederick Extra before heading out on summer vacation. Before leaving however, he did notify Afzali late last week that her pledge to give half her campaign donations to a charity violates election law. As of today, June 28, her page hasn’t changed.
This isn’t the first time that Afzali’s run afoul of campaign finance laws. As a newly minted delegate, Afzali ran against incumbent U.S. Rep. Roscoe Bartlett [R-6th] in 2012. She came under fire when she asked for campaign contributions for her Congressional run via her state delegate email address.
State law prohibits elected state officials from using state email addresses for campaign purposes. From The Frederick Gazette on Feb. 9, 2012: “Afzali said she was aware of the mistake and contacted William Somerville, ethics counsel for the state’s department of legislative services, shortly after sending the announcement.“It won’t happen again,” she said on Wednesday.”
Text and email inquiries to Afzali were unanswered by press time, but The Frederick Extra will update with her response when, and if, it becomes available.
