Dana at Delaware Watch brings up a good point about Thurman Adams’ Campaign Funds. Is there a conflict of interest in Polly Adams Mervine (his daughter and candidate to replace him in the State Senate) being his campaign treasurer and controlling the disbursement of his $40,000 leftover campaign funds (according to the News Journal)?
Delaware election law does not specifically cover the death of a candidate, but here is the rule on “Leftover Funds”:
Any funds remaining in any political committee which has completed its activities and paid all its creditors shall be paid to a successor committee or committees without being subject to the contribution limits set forth in this chapter or shall be donated to any religious, charitable, educational or scientific organization exempt from Delaware income tax under § 1902(b)(2) of Title 30 or to any volunteer fire company, and to no other person, except that an amount not in excess of the amount listed in § 8011 of this title may be given to the political party eligible to be listed on any general election ballot under § 3001 of this title. For purposes of this section, the term “successor committee” shall include any political committee, or committees, as that term is defined by § 8002(13) of this title; provided, however, that where the successor committee is one other than a candidate committee formed to promote the election of the same candidate to a different office than that for which the candidate’s original candidate committee was formed, the contribution limits set forth in this chapter shall apply.
It doesn’t sound like she can give the money back to the original contributors. She could give up to $5,000 to the Delaware Democrats. And it sounds like she could give as much as she wants (no $600 limit) to her campaign committee, other committees, or non-profits.
But it doesn’t seem to matter since the responsibility falls on the candidate:
(a) … A candidate shall be responsible for the lawful operation of the candidate’s own candidate committee and all subcommittees thereof.
…
(e) A candidate shall designate an individual as treasurer of that candidate’s candidate committee, in order to assist with the duties under this chapter, but nothing shall relieve the candidate from the responsibility for keeping the records and filing the reports required by this chapter.
What I take from this is that she can do whatever she wants to with the money and the state will have to prosecute a dead man if they don’t like it?
[…] Resolute Determination CR thinks Polly controlling her late father’s campaign funds is a conflict of interest. […]