What is seemingly a matter of common sense--not to use government resources to promote political fundraisers--has become more complicated of an issue in the world of Internet-based social media networking.
The New Jersey Law Journal reports that an action brought by Bergen County Republican Sheriff candidate Michael Saudino, citing a violation of campaign finance laws prohibiting the use of public funds for political campaigns, has resulted in the entry of a consent order banning Bergen County Sheriff Leo McGuire from advertising for political fundraisers through a Tweeter feed on the Sheriff's official taxpayer-funded website.
According to the Sheriff's spokesperson, Sean Darcy, the entire incident was just an innocent mishap. Specifically, the New Jersey Law Journal reports that:
the series of events that led to the suit was set in motion when McGuire's campaign posted the information about the fund-raiser on his personal Facebook account. From there, according to Darcy, the sheriff's account on LinkedIn, another social networking site, "grabbed that entry." Subsequently, Darcy says, McGuire's Twitter account "grabbed" the information from his LinkedIn page. This movement of information among sites took place without the knowledge of the sheriff or his campaign staff, says Darcy.
The relevant provisions of the New Jersey Campaign Contributions and Expenditures Reporting Act provide that "[a] public agency shall not pay or make any contribution of money or other thing of value, whether out of public funds or any other funds which the public agency may control, to any candidate . . . and no such candidate or committee shall accept such contribution." N.J.S.A. 19:44A-11.9. Any willful or intentional violation of this provision can result in significant penalties under the Act. N.J.S.A. 19:44A-22.
In sum, keep this in mind next time you Tweet or link a government website to your facebook page.
