A Washington, D.C.-based watchdog group has filed a complaint against one of the candidates running for New York’s 19th congressional district, alleging violations of the federal election law.
Nonprofit group Campaign for Accountability has filed a complaint with the Federal Election Commission requesting an investigation into alleged illegal coordination between the campaign of Republican Andrew Heaney and a super PAC, the New York Jobs Council. Anne Weisman is CfA executive director.
“I think all the evidence suggests that companies that he controls he pressured to make contributions to his campaign, which is not permitted,” says Weisman. “The Federal Election Campaign Act is very clear that a candidate, among other things, cannot solicit or receive funds from an entity that a candidate controls, directly or indirectly.”
CfA’s complaint alleges that by directing his corporation to make a contribution to the super PAC to attack his opponent Republican John Faso, Heaney, CEO of fuel oil dealer Heaney Energy Corporation, appears to have made a prohibited corporate contribution and an excessive campaign contribution. Again, Weisman.
“It appears that he received, his campaign received excessive and illegal in-kind contributions so, again, a violation of the Federal Election Campaign Act,” Weisman says.
David Catalfamo is spokesman for Heaney.
“It’s baseless and it’s without merit and it’s a desperate effort by our opponent, who’s a failed politician and lobbyist, to shift the conversation,” says Catalfamo. “But we’re going to continue talking about what Andrew is committed to, which is bringing jobs and opportunity back to the region.”
Faso, a former state assembly minority leader, says, though he has raised the issue of alleged illegal coordination, he has nothing to do with CfA’s complaint.
“Well, it’s nonsense, They’re trying to change the topic. A serious organization down in Washington that I don’t have any connection to has pointed out what many people have pointed out, that the vast majority of funds that originally went into this super PAC came from Heaney’s own corporations and corporations owned by his sister. So he’s clearly coordinating between his campaign and the super PAC in violation of federal law,” says Faso. “He’s been caught red-handed. This complaint indicates that and the only thing they can come up with is they think I’m behind it which, of course, is not true.”
Again, Catalfamo.
“These are the same things that our opponent John Faso has been saying and no surprise that he found some group in Washington to carry his water,” says Catalfamo. “But at the end of the day what’s mostly important is this complaint is baseless. There’s no merit to it, and we’re 100 percent confident in that.”
And here’s CfA’s Weisman on whether Faso is behind her organization’s complaint.
“Categorically, I can tell you that is not true,” says Weisman.
She says the matter came to her attention by monitoring quarterly FEC filings and the like. CfA’s complaint does include speculative terminology, such as “reason to believe” and “almost certainly” in portions of its complaint.
According to the Center for Responsive Politics, as of February 8, the New York Jobs Council had spent more than $24,000 in direct mail and a TV media buy against Faso. Heaney will face Faso in a primary in the 19th congressional district, a seat currently held by Republican Chris Gibson, who is not seeking a fourth term. Gibson announced Monday that he has formed an exploratory committee to run for New York governor in 2018.
An FEC spokeswoman says Commission officials do not comment on pending enforcement matters.
