MARCH 3, 2005

Two state lawmakers are being referred for possible prosecution due to alleged violations of election and campaign finance laws, Secretary of State Terri Lynn Land announced today.

Land's action marks the first time that referrals have been made to the state attorney general because candidates allegedly falsified their postelection campaign finance compliance statements. Signing a compliance statement means candidates assert under oath that they filed every campaign finance disclosure document and paid all late fees that were outstanding at the time of signing.

The referrals cite state Reps. George Cushingberry, Lamar Lemmons III and their campaign committees for repeatedly failing to file required campaign documents, and for

submitting postelection campaign finance compliance statements declaring that they are meeting Michigan Campaign Finance Act requirements.

"Openness and accountability are the foundation of a healthy political process," said Land, Michigan's chief election officer. "We will not let that foundation be eroded by disregard for our election and campaign finance laws. Our system depends on all participants playing by the rules. I hope the department's action sends an unmistakable message that no candidate is above the law. Compliance is not optional."

Cushingberry has filed no reports for the entire 2004 election cycle. Lemmons filed a pre-primary campaign statement in July 2004 but submitted none of the remaining required reports until January 2005, avoiding all mandated disclosure after July 2004.

The department offers training and support to all candidates. In addition, helpdesk support is available to assist filers with issues related to electronic filing. Cushingberry and Lemmons ignored several communications from the Bureau of Elections requesting compliance.

The Campaign Finance Act says that a candidate who fails to file two or more finance reports for more than 30 days is guilty of a misdemeanor. In addition, making a false declaration on a postelection campaign finance compliance statement is perjury under state election law, and is punishable by a fine or imprisonment.

While the Department of State always refers unresolved failure-to-file violations to the attorney general, these two referrals are the first involving falsified postelection campaign finance compliance statements.

Regarding Cushingberry and his campaign committee, the Friends of George Cushingberry, the department alleges that the following campaign statements have not been filed:

• Annual campaign statement due Feb. 2, 2004
• Pre-primary campaign statement due July 23, 2004
• Post-primary campaign statement due Sept. 2, 2004
• Pre-general campaign statement due Oct. 22, 2004
• Post-general campaign statement due Dec. 2, 2004
• Annual campaign statement due Jan. 31, 2005

Cushingberry owes the state $4,500 for these outstanding obligations.

The department also is requesting an administrative hearing to determine whether Cushingberry committed civil violations of the Campaign Finance Act and if penalties should

be assessed. Those penalties would be in addition to the late filing fees already imposed by the department.

According to the department, Lemmons III and his campaign committee, the Committee to Return Lamar Lemmons, have not properly filed the:

• Pre-general campaign statement due Oct. 22, 2004
• Post-general campaign statement due Dec. 2, 2004
• Annual campaign statement due Jan. 31, 2005

Lemmons still owes the state $867. Due to the lesser extent of violations, the department will not pursue additional action against Lemmons other than the referral to the attorney general.

Land said that the vast majority of candidates do their best to comply with election and campaign finance laws. The compliance rate for campaign filings is about 93 percent.

"We're always ready to work with those who are doing their best to comply," Land said. "But disregard for the law cannot be tolerated."