Bruning violating spirit of law?

Nebraska's top prosecutor has found a way to blow past a controversial campaign spending law, drawing fire from critics who say it may be legal but violates the spirit of the law.

Attorney General Jon Bruning agreed to a $215,000 spending limit on his re-election bid this year, but he's already pledged to spend more than $600,000.

He did it by entering into spending contracts ahead of the deadline when the spending limit officially kicks in.

“I did nothing improper,” says Bruning, a Republican.

Jack Gould of Common Cause Nebraska, a government watchdog group, disagreed.

“It's a way to get around the law. It may be legal, but it's not ethical,” Gould said.

At issue is a 1992 campaign finance law that seeks to control campaign spending and level the playing field between opponents.

The idea is that candidates who voluntarily agree to spending limits may receive financial help from the state if their opponents exceed the limits.

Bruning does not have an opponent this year. He did not know that when he entered into his spending agreement last summer.

Critics have long argued that the law is an “incumbent protection” act that is easily circumvented by seasoned politicians.

State Sen. Bill Avery of Lincoln says the law has done a lot to curtail campaign spending in state races. He says it may be need to be modified, but he would oppose any attempt to abolish the law.

“I have talked to some senators who support closing that loophole by saying everything you spend (after a candidate is elected) has to be counted toward your spending limit,” said Avery, a Democrat from Lincoln.

How did Bruning do it?

The law says Bruning, who agreed to a spending limit, could not spend more than $215,000 after July 1, 2009.

But Bruning entered into agreements with political consultants and others, agreeing to spend about $620,000 on his campaign this year. He entered into those agreements in June 2009.

The law says debt or spending commitments before July 1, 2009, do not count toward Bruning's spending limit for the 2010 campaign.

He plans to use the bulk of the money to run television advertisements in the fall.

Bruning said he has fully complied with the law. He noted that others have done the same and, because he has no opponent in this year's election, the issue of whether his spending will affect another candidate is moot.

But did he follow the spirit of the law?

“Who is to determine what the spirit of the law is? The law is what the law is,” Bruning said.

He said he was preparing for a stiff campaign challenge that never emerged.

“From a strategic perspective, and the way the law is written, it behooves an incumbent to prepare early. And that's what I did. Every move I have made has been transparent and disclosed,” Bruning said.

The campaign finance law has proven to be controversial over the years.

Most notably, in 2004, a candidate for the Board of Regents was fined $33,512 for waiting until after the primary election to notify authorities that he had exceeded the spending limit.

David Hergert was later impeached and removed from office but not for campaign finance violations. He was removed for trying to cover up his actions by filing false statements after the election.

Other candidates have raised campaign money before the spending limit takes effect.

For example, State Sen. John Nelson of Omaha reported a $39,900 debt to a campaign consultant on Dec. 31, 2008 — one day before the spending limit kicked in for his race. Nelson has agreed to abide by a $92,000 spending limit this year.

Nelson, a Republican, said he did not enter into the consulting contract to exceed the spending limit. He says he may not spend that money and that he has every intention of abiding by the spending limit.

Democrat Anne Boyle incurred a $44,000 debt to a political firm on June 29, 2007. It did not count toward her $70,000 spending limit in her re-election effort for the Nebraska Public Service Commission the following year.

Contact the writer:

444-1309, robynn.tysver@owh.com

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