Lawyer files lawsuit about Vermont campaign finance laws

It looks as though Anthony Pollina may be getting a little help from some friends.

Burlington lawyer, John Franco, filed a lawsuit about the state’s campaign finance laws around 4 p.m. Wednesday with the Federal District Court in Burlington.

Franco filed the suit on behalf of three Vermont residents and supporters of the Independent gubernatorial candidate, who claim the state laws violate their federal civil rights, according to the docket.

The three plaintiffs: Ellen Oxfeld, Robin Lloyd, and Martha Abbott are residents of Middlebury, Burlington, and Underhill respectively. Franco’s clients claim the current funding scheme gives an advantage to major-party candidates, he said.

“His contributors are saying we think the Attorney General’s opinion is wrong and we think it violates our federal civil rights,” Franco said. Yesterday Franco announced he had discussed with Pollina’s supporters about possibly filing the lawsuit in the coming days, as reported by the Associated Press.

Mike McShane, assistant Attorney General, told PolitickerVT.com this afternoon the office had not received direct contact from Franco.

“If the law is challenged, the Attorney General's office will defend the law,” McShane said.

Under current campaign finance law, independent candidates are limited to contributions of $1,000 per donor -- half as much as what candidates running under a party banner can raise during an election cycle. This became an issue when Pollina switched from the Progressive party one month ago as part of a strategic campaign decision.

After reviewing financial reports, the Secretary of State’s Office notified Pollina earlier this month he must return approximately $28,000 in campaign contributions, which may be in violation of the law.

One week ago, a complaint filed by two Vermont residents with the Attorney General’s Office about Pollina’s fundraising prompted them to send a letter to the campaign inquiring about the contributions.

To avoid further distractions away from the campaign, Pollina said he will comply with the law as interpreted by the Secretary of State’s Office and the Attorney General’s Office. The campaign wants to focus on issues that affect Vermonters, Campaign Manager Meg Brook said.

“As a tax payer and resident of Vermont I do think this issue should be resolved and the law should be clear so that anyone who is running for any office clearly knows they are operating within the confines of the system,” Brook said. “There should be a level playing field. I’m happy that people are pursuing this.”

The campaign believes there should be limits to campaign finance laws, Brook said. It is unnecessary for a candidate to spend millions of dollars on a campaign because it doesn’t help Vermont residents she said.