Vermont Business Magazine The Vermont Attorney General’s Office has concluded that the facts presented in a complaint which merely suggested the general possibility of a Vermont campaign finance law violation were not sufficient to trigger a civil investigation. The complaint theorized that three video advertisements run by A Stronger Vermont, an independent-expenditure-only political committee, featuring film footage of gubernatorial candidate Phil Scott were unlikely to have been made without coordination with Lieutenant Governor Scott. The complaint did not provide evidence of prearrangement or coordination between A Stronger Vermont and the Scott campaign.
“By statute, in order for this Office to commence an investigation of a campaign finance complaint, we must have ‘reason to believe’ a person is in violation of the campaign finance laws,” said Attorney General Sorrell. “This legal threshold requires more than mere speculation as to a violation.” Under Vermont law, an expenditure will be treated as “related” and a contribution to a candidate only if it is “intentionally facilitated by, solicited by, or approved by the candidate or the candidate’s committee.” To be considered a “related expenditure” under this law, the candidate must have some knowledge that his actions will be used in connection with the campaign expenditure, or be willfully blind to this fact. In addition, federal precedent holds that the First Amendment permits the treatment of “related expenditures” as contributions to a candidate only where the facilitation involves some “prearrangement or coordination.”
In contrast to other complaints received by the Attorney General’s Office, the instant complaint did not offer any evidence that the political committee’s advertising expenditure was intentionally facilitated, solicited, or approved by the candidate. The video footage of Lt. Gov. Scott appears to have been filmed at public venues, such as parades and restaurants, and at locations that were publicly advertised on his campaign website. “Such activity, standing alone and in the absence of any indication of coordination or prearrangement, is insufficient to cause the Attorney General’s Office to open an investigation,” explained General Sorrell.
Source: Vermont AG, Sept 29, 2016