Potential candidates and incumbents for Little Rock elected positions can start campaign fundraising immediately despite a city ordinance that restricts such money collection until June, City Attorney Tom Carpenter said Tuesday.
Carpenter advised members of the Little Rock Board of Directors, six of whom along with the mayor are up for re-election in November, that they can legally begin collecting funds because of a Pulaski County judge's order in a dismissal of the city's lawsuit, even though Carpenter himself disagrees with the judge.
"Under the judge's ruling under our current ordinance, nobody is a candidate until they actually file," Carpenter said.
Filing for municipal office begins in August.
"If you wish to do so, I think you could start collecting monies now," he said, after also telling the board the judge's order is "erroneous."
A court transcript of Pulaski County Circuit Judge Tim Fox's ruling states that a state law defines a candidate as "any individual who has knowingly and willingly taken affirmative action, including solicitation of funds for the purpose of seeking nomination for or election to any public office."
The city's ordinance applies to "candidates."
Fox later in his order explains the differences between a candidate and an exploratory committee, which collects money to later be given to a candidate. Incumbents cannot create exploratory committees under Arkansas Ethics Commission regulations.
When a reporter asked Carpenter after Tuesday's board meeting for clarification on the discrepancies between what Fox said in his verbal dismissal of the lawsuit and what Carpenter told the board, Carpenter maintained that Fox's order means the incumbents are not candidates until they file for election with the clerk's office.
Many times before Tuesday, Carpenter has advised the board and potential candidates that they must follow the city's ordinance that restricts campaign fundraising until June 1 before a November election.
Challengers to the mayor and board members have gotten around that provision by setting up exploratory committees, which under state law can begin raising money two years out from an election and then transfer that money to a candidate once he formally files.
Mayor Mark Stodola said Tuesday that he still believes it would be illegal for him to collect campaign contributions before June 1 and that he will not do so.
The mayor said in the meeting and afterward that the issue is a conundrum for incumbents because of the new advice going against previous advice.
Reached by phone Tuesday night, campaign officials for Warwick Sabin, who announced in July that he was exploring a bid for Little Rock mayor, issued a statement.
"This total reversal -- after spending taxpayer money to press the opposite argument in a misguided lawsuit -- plainly demonstrates that City Hall will say and do anything to protect incumbents and preserve the status quo," the statement said.
In a statement Tuesday night, Frank Scott Jr., who also announced last year his exploration of running for mayor, said he is glad the "unnecessary ordeal" is over, and he didn't specifically comment on Carpenter's opinion that incumbents can start accepting money.
Ward 6 City Director Doris Wright announced from the dais Tuesday that she will not raise funds until June 1 despite Carpenter's guidance. Her opponent has formed an exploratory committee and already begun accepting donations.
Other board members did not publicly make statements on whether they would start fundraising. Ward 5's Lance Hines asked Carpenter to prepare a memorandum explaining why city directors could start collecting campaign contributions.
The city board decided Tuesday in a split vote to instruct Carpenter to amend the decades-old city ordinance that limits the fundraising time frame for local offices to update its definition of candidate and to reference exploratory committees, as well as any other issues he found.
City Directors Hines, Wright, B.J. Wyrick, Joan Adcock, Gene Fortson and Capi Peck voted in favor. Wyrick made the motion.
City Directors Kathy Webb and Erma Hendrix voted against the motion. Ken Richardson abstained and Dean Kumpuris was absent.
Webb and Hendrix said they didn't see what the rush was to amend the ordinance when, even if amended, it would not affect this year's election. Both preferred that the board take time to thoughtfully amend the ordinance and not rush any research.
Tuesday's discussion started with a conversation on whether the city should appeal Fox's dismissal of the city's lawsuit challenging Sabin and Scott's use of exploratory committees to begin fundraising for a future mayoral campaign.
In Fox's Feb. 27 verbal order dismissing the case, he said the Arkansas General Assembly has never given cities the authority to enact limitations on exploratory committees.
When a reporter asked Carpenter how he could carry out the board's instructions to update the city's fundraising restrictions to include exploratory committees, he raised his voice and said he could do so because Fox's order is wrong.
"The judge doesn't know what he is talking about," Carpenter said.
The board decided not to appeal Fox's decision based on Carpenter's advice.
The city attorney said that while he wants to appeal the ruling, he doesn't think the city should because "in all honesty, I think appealing this matter creates more problems than it solves."
Carpenter said he disagrees with Fox on the definition of a candidate and has opined that a person who creates an exploratory committee and raises funds for a potential campaign is a candidate.
Fox found that not only did the city not have a standing to file the lawsuit, but that Sabin and Scott were following all applicable laws and that they were not candidates.
"Candidates and exploratory committees are completely separate legal entities under the Arkansas election statutory scheme. They have different reporting requirements, different time frames. The mere fact that an exploratory committee is formed doesn't automatically mean that an individual will subsequently become a candidate," Fox said.
Metro on 04/18/2018