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RELEASE: Common Cause, NYPIRG, LWV, Reinvent Albany filed Board of Elections complaint against for Cuomo for using campaign funds to hire Azzopardi as a spokesman.
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News from Common Cause of New York

For more information contact: Becky Stern, 516 581 5707, becky@pythiapublic.com

Good Govt Groups File BOE Complaint Against Former Gov Cuomo

Common Cause/NY, Reinvent Albany, League of Women Voters of New York State and NY Public Interest Research Group claim Cuomo violated election law by paying staffer w/ campaign funds

NEW YORK, NY (09/09/2021) -- Today, Common Cause/NY, Reinvent Albany, League of Women Voters of New York State and NY Public Interest Research Group filed a complaint with the New York State Board of Elections (NYSBOE) Chief Enforcement Counsel against former Governor Cuomo for using campaign funds to pay a spokesperson.

According to news reports, Cuomo is using his $18 million war chest to pay Rich Azzopardi to smear sexual harassment victims and political foes. This is a clear violation of NY Election Law 14-130 which states that campaign funds "shall not be converted by any person to a personal use which is unrelated to a political campaign or the holding of a public office or party position..." and defines converting for personal use to include "salary payments or other compensation provided to any person for services where such services are not solely for campaign purposes or provided in connection with the execution of the duties of public office or party position." Cuomo no longer holds public office and his top aide said publicly he has no current plans to run for office again.

Full complaint found here.

"Former Governor Cuomo is in clear violation of New York's election law. It is a misuse of campaign funds to keep a former spokesperson on payroll. His donors gave him money to run for public office, not for private purposes. We urge the Board of Elections to open an investigation immediately," said Susan Lerner, Executive Director of Common Cause/NY.

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September 9th, 2021

Michael L. Johnson, Esq.
Chief Enforcement Counsel
New York State Board of Elections

Dear Mr. Johnson,

The undersigned groups write to bring to your attention a potential violation of Election Law Sec. 14-130 by former Governor Andrew Cuomo. NY Election Law Sec. 14-130 (1) provides that campaign funds “shall not be converted by any person to a personal use which is unrelated to a political campaign or the holding of a public office or party position.” EL 14-130(3)(v) provides:

3. For the purposes of this section, contributions “converted by any person to a personal use” are expenditures that are exclusively for the personal benefit of the candidate or any other individual, not in connection with a political campaign or the holding of a public office or party position. “Converted by any person to a personal use”, when meeting the definition in this subdivision, shall include, but not be limited to, expenses for the following: ...

(v) salary payments or other compensation provided to any person for services where such services are not solely for campaign purposes or provided in connection with the execution of the duties of public office or party position;

Recently resigned former Governor Andrew Cuomo left office with a campaign war chest of over $18 million. Almost immediately, he hired a former press aide to be his “spokesman”, apparently paying for those services from his campaign funds. This raises questions about the appropriate use of his campaign funds.[1] News articles point out that the former governor has no current plans to run for office [2] and it is indisputable that he does not currently hold office. Therefore, under the express provisions of E.L. Sec. 14-130(3)(v), former Governor Cuomo cannot legally pay the salary of a spokesman out of his campaign funds.

Accordingly, we ask that you regard this letter as a complaint alleging a potential violation of N.Y. Election Law Sec. 14-130(3)(v) by former Governor Cuomo and request that you investigate and take appropriate enforcement action.

Common Cause/NY
League of Women Voters NYS
NY Public Interest Research Group Reinvent Albany

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[1]https://www.timesunion.com/state/article/Senator-to-Cuomo-donors-Ask-for-your-money-back-16416636.php

[2] https://www.usatoday.com/story/news/politics/2021/08/23/andrew-cuomo-farewell-address/8242149002/

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