Q&A
CFB's authority over pre-election payments and consideration of past election cycles
0:51:07
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124 sec
Council Member Restler and Paul Seamus Ryan discuss the CFB's authority over pre-election payments and how past election cycles are considered when making eligibility determinations.
- The CFB rules grant the board additional authority over pre-election payments, including the ability to withhold funds for failure to respond to audit requests
- Some eligibility requirements apply only to the current election cycle, while others may consider facts from past cycles
- Ryan explains that the interpretation of rules can vary depending on whether they fall under 'pre-election' or 'post-election' categories
- The discussion highlights the complexity of applying rules across different election cycles and the board's discretion in interpreting them
Lincoln Restler
0:51:07
The CFB rules grant the board additional authority over pre election payments.
0:51:13
Chapter 7, section 1 of the rules notes that failure to respond to a request for audit documentation or information by the board may be a basis for a non payment determination, quote, unquote.
0:51:23
This gives the board authority to fully withhold funds from a campaign that hasn't responded to a request for information.
0:51:29
I think we've gone over this, but I just wanna affirm again on the record that that's correct.
0:51:33
Yes, chairman.
0:51:36
How does the board consider past election cycles for the same candidate when making a determination of this eligibility provision?
Paul Seamus Ryan
0:51:44
Some of the eligibility requirements apply only to the election cycle with, for which the campaign is seeking public funds, and some are susceptible to, although there hasn't been much history or practice at the agency, susceptible to being applied to fact patterns that exist across election cycles.
0:52:01
So, within the rules themselves, for example, some of the rules are in a section under the preface of pre election, and then other of the, eligibility or ineligibility rules are under the sub section of pre election or post election.
0:52:17
And those that are under the pre within the pre election framework have historically been interpreted by the commission to apply only to violations of those types relevant to or within the election cycle for which the campaign is seeking public funds and the board is determining eligibility for public funds.
0:52:36
In other words, those that are in the pre election category are have historically been interpreted as not crossing election cycles, because right now, anything with respect to a 2021 election, for example, that would be a postelection determination of eligibility.
Lincoln Restler
0:52:52
Right.
0:52:52
But we're not yet at the postelection because we haven't completed the audit.
0:52:56
Can you confirm, despite the you know, being 3 and a half years after the the election 3 years after the November election, excuse me.
0:53:06
Can you confirm if the Adams campaign submitted their audit response as they were required to do so on Friday, November 29th?
