COLUMBUS, Ohio (AP) - Democrat Nan Whaley is using a re-election campaign fund for Dayton mayor that’s not subject to state contribution limits to raise money for her 2018 bid for Ohio governor.
A notice on Whaley’s campaign website informing potential donors that the mayoral fund is able to accept unlimited contributions was taken down Thursday after The Associated Press inquired about it.
Whaley’s gubernatorial campaign says it is addressing the potentially confusing situation by voluntarily limiting donations from individuals and political action committees to the annual state limit of $12,000.
“Nan is uniquely popular as a mayor and she’s running for the first time in the city’s modern history unopposed - but, since she has announced for governor, we have been voluntarily complying with those (state) campaign requirements,” said spokeswoman Faith Oltman. “We are going to be transparent, open and accountable throughout this campaign.”
Oltman called the reference on the website to the mayoral campaign’s lack of contribution limits “a small oversight.”
The mayoral fund is the only fund Whaley can operate until the mayor’s race concludes this fall. She will need to convert the fund into a statewide campaign account by February when fundraising will be legally restricted by state campaign finance rules.
Under the law, Whaley will be able to transfer up to $200,000 from the mayoral fund into the gubernatorial fund, said Matt McClellan, a spokesman for the Ohio Secretary of State’s office.
Running for mayor and governor simultaneously puts Whaley in a rare situation for campaign fundraising and spending.
Democrat Jennifer Brunner faced the only somewhat similar conundrum in recent years when she was Ohio’s secretary of state. During the 2010 U.S. Senate race, Brunner’s Senate campaign used $15,000 to buy computers and other equipment that came from her defunct secretary of state campaign.
The question was whether the transaction violated a prohibition against money raised for a state campaign benefiting a federal one - a different question than Whaley would face if she folded money from her mayoral campaign into her gubernatorial campaign.
In Brunner’s case, the Federal Election Commission ultimately threw up its hands, calling the transaction too confusing to render a legal opinion.
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