Posted by Steven Glazer, UTN on June 02, 2003 at 21:45:55:
UNCLE HARVEY–BOUGHT AND PAID FOR BY HCDO: $250K Steven Glazer -email: sglazer@urbantimesnews.com Jersey City—If there was any doubt where Harvey Smith’s loyalty lies, recent campaign finance reports filed with the State of New Jersey Election Law Enforcement Commission dispel any that might remain. Reports filed by “L. Harvey Smith for Senate Campaign Committee” clearly show that the Hudson County Democratic Organization has paid $251, 367.91 for Harvey Smith’s entire negative campaign against Jersey City Mayor Glenn D. Cunningham. Former Hudson County Executive Bob Janizewski, now testifying at the corruption trial of Freeholder Nidia Davila Colon, was head of the HCDO until his indictment in late 2000. All but $18,100.00 came from HCDO direct contributions and $7,000 that came from the account of “Campaign Committee for Smith,” remaining from Harvey’s municipal campaign funds. Legal sources familiar with current campaign finance law say that the transfer of funds from a municipal campaign account to a different campaign is clearly in violation of the law. Nevertheless, those attorneys say the issue is whether contributors who would donate to a campaign for a municipal office like city council would make a contribution to the same candidate if the candidate were running for a different office. “Those contributors might feel the candidate were qualified for one office but not for the other. Or they might like the candidate but prefer a different candidate for the other office. The intent of the law is clearly that the transfer of funds in this fashion deprives the contributor of a choice. It is a type of fraud,” Ironically, Smith’s running mate, Joe “Fat Joe” Doria of Bayonne requested and received an advisory opinion on the legality of exactly this type of transfer of funds. Doria wanted to use funds from his Bayonne Mayoral campaign for his State Assembly seat. The New Jersey Election Law Enforcement Commission told Doria at the time that such a transfer was flatly prohibited. Smith was not available for comment. The balance of Smith’s campaign expenditures, roughly $225,000, came directly in the form of “in kind” contributions from the Hudson County Democratic Organization. A contribution of $43,000 was reported to the NJELEC on May 5, 2003 and $182, 042.91 was reported May 30, 2003, totaling $225, 042.91. The contributions were made not in cash but “in kind” meaning that the HCDO picked up the tab directly for campaign expenses incurred on Harvey’s behalf and charging his campaign for the outlays, rather than putting that much cash in the candidate’s own hands directly. A spokesman for the Cunningham campaign said that while it was a considerable amount to expend for a primary, far more than Cunningham, Smith had run an entirely negative campaign aimed a bringing down Cunningham’s high popularity and approval ratings. “They have nothing good to say about their candidate so all they can do is sling mud at Glenn. They cannot even find any good mud—there is none. They just burned up a great deal of money for a destructive purpose. The voters are not easily fooled. If they had anything of substance to say they would have said it explicitly and not implied, and used innuendo. But what can they say about Harvey? Can they talk about all his achievements? Can they talk about his record? Can they talk about his character? All they can do is try to degrade Glenn Cunningham.” The primary campaign comes to its conclusion just as the corruption trial heats up with Janizewski naming names and detailing how the scheme of institutionalized corruption worked. The only thing different now is that Janizewski is cooperating with the prosecution in return for a lighter sentence for himself.
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