Bauer could be experiencing ethics problems

It appears Lt. Gov. André Bauer has used funds from unknown sources and from his lieutenant governor campaign account to promote his bid for governor. If that is the case, it would be a violation of S.C. campaign ethics laws. At the very least, reporters should inquire about the funding source of Bauer’s recent television advertisement and his use of re-election campaign resources to benefit his gubernatorial campaign.

On Feb. 20, Bauer sent out an email to his supporters asking them to contribute to his race for the Republican nomination for governor. The email contained the logo for his gubernatorial campaign and contained a link to the campaign Web site. The only problem is, the email contained the disclosure that it was paid for by “The Committee to Re-Elect Andre Bauer.” That suggests that the email was paid for with money from the lieutenant governor account, which is forbidden by state law.

Specifically, the law in the S.C. Code of Laws is Section 8-13-1350. In part, it reads, “A contribution solicited for or received on behalf of the candidate is considered solicited or received for the candidacy for which the individual is then a candidate if the funds or contributions are solicited or received before the general election for which the candidate is a nominee or is unopposed.”

In plain English, it simply means that money raised for one office cannot be used to further a campaign of the same individual for a different office. Normally, candidates receive permission from contributors and then transfer funds from one committee to another, which is legal.

You may have already seen Bauer’s first advertisement of his gubernatorial effort. Again, it appears that his campaign is playing fast-and-loose with the rules again. An announcer says it was paid for by “Citizens for Andre Bauer.” Yet, according to the State Ethics Commission, no committee of that name is registered with the state. Bauer’s Web site lists “Andre Bauer for Governor” as the committee of record.

Again, it raises the question as to whether Bauer is using money from one committee to benefit another, or whether his campaign is just that incompetent, not keeping up with what the campaign committee is actually named.

The treasurer for “Citizens for Andre Bauer” that was listed on forms submitted for the advertisement to Columbia’s WIS-TV is Hank Page. Interestingly, Page is a state employee who works in the Lieutenant Governor’s Office. While state law is forgiving of what public employees do in their off-hours, if anything involving the campaign happened during work hours that would be a violation of the law, as well.

According to Section 8-13-1346, “A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election.” The only exceptions are ones that are relevant to conducting public business, such as creating informational newsletters, other informational products, setting up public meetings and responding to inquiries from the media concerning a ballot measure.

For more than 10 years, Bauer’s consultant of record has been one of the more colorful figures in S.C. politics, Irmo’s Rod Shealy. For this campaign, Bauer’s been splitting his money between well-known Virginia consultant Chris LaCivita and Columbia lobbyist Larry Marchant’s Black Label Strategy. However, it has been reported that Shealy is still very involved in Bauer’s latest gambit.

While he also publishes community newspapers, Shealy’s claim to fame in this state is what can only be called his circumspect campaign tactics. Perhaps the most well-known of his antics happened in 1990, when he offered to pay an unemployed black fisherman to run for Congress from Charleston as a Republican. By entering a black candidate in the primary, Shealy is alleged to have hoped to scare white voters to the polls in the hopes of helping his sister in her GOP primary bid to become lieutenant governor. The activity spurred a state investigation that led to a fine by the State Ethics Commission. In an interview with Harper’s magazine in October 2007, Shealy called it, “a campaign violation for failing to disclose a candidate I dreamed up.”

But that’s not all.

In 2007, a robo-call with racist overtones was launched in the special election runoff between Randy Bates and Rep. Shannon Erickson for House District 124. Rumors among Beaufort County political insiders implicated Shealy in the move. His son, R.J., was managing Bates’ campaign and denied the campaign was involved.

When Sen. Tom Davis was making his run in 2008, he became engaged in a primary battle against then-Sen. Catherine Ceips, who hired Shealy as her consultant. Over the years, Davis had a house in Beaufort that had rooms for rent, at times to reporters from the Beaufort Gazette. During the period of leaving his position as Gov. Mark Sanford’s chief-of-staff and announcing his campaign, he began renovating the residence with the intention of making it his own.

Reportedly, Bates, who was Ceips’ chief of staff, showed up with a translator to the house and encountered a supposed illegal alien named Josias Mirales Ayala. This came on the heels of Davis’ wife securing contractors with the express intent that everyone working on the house would be legal, documented workers. The man who owned the company painting the house said he never employed anyone by that name.

Bauer knew of Shealy’s reputation when he hired him for his run for state representative in the ‘90s, and kept him on for his special election race for state senate and the 2002 and 2006 lieutenant governor’s races. Needless to say, those decisions cast some light on Bauer’s evaluation of whom he wants close to him and what he is willing to get into for his campaigns.

Starting in summer of 2009 and continuing into this year, South Carolinians have been inundated with more than they would like to know about the personal life and personal shortcomings of the Governor. In addition to everything else resulting from his behavior, the State Ethics Commission launched an investigation into Sanford’s misappropriation of state funds and campaign donations. An exhaustive initial investigation revealed 37 potential ethics violations.

During the discussion of whether the Governor should be impeached, censured or resign, more than a few people expressed concern about Bauer assuming the state’s highest office. Most South Carolinians already know the famous incidents – the plane crash, speeding at over 100 miles-per-hour and the like. But, it also involved his campaign practices.

It wouldn’t make much sense to replace one man with personal behavioral and professional ethics problems with another one.