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PARKERSBURG – A candidate for the West Virginia House of Delegates on Thursday lodged a complaint over campaign ads from a Washington, D.C., political action committee.
John Kelly, a Republican running for the 10th Delegate District, has been lampooned by Protect West Virginia in mailers which impose his head on a jockey on a horse claiming he’ll send West Virginia health funds to Kentucky, his face on a bucket similar to Kentucky Fried Chicken and the latest with an empty wheelchair again claiming he’ll take health insurance away from West Virginians and send the money to Kentucky.
“It was just downright nasty and this latest one isn’t much better,” Kelly of Parkersburg said.
Spokesmen for Protect West Virginia and the campaign committee were not immediately available for comment. The mailers say the ads are not authorized by any candidates. Under state code the secretary of state cannot publicly acknowledge an investigation. The investigation becomes public if an indictment results.
Generally, the complaint to the secretary of state must be signed and notarized. While the information is confidential, the complainant can discuss it. The secretary of state determines whether it has jurisdiction and would notify the parties involved of an investigation.
The possible outcomes of an investigation are:
* Dismissal if no violation of law is found.
* Instruction and training for persons found to have committed or allowed technical mistakes in the conduct of an election.
* Referral to the local prosecuting attorney for possible criminal charges if serious offenses are determined to have occurred.
The ad cites a questionnaire from the Campaign for Liberty. Kelly said he favors repeal of the Affordable Care Act.
In his complaint, Kelly said the mailers were untrue and exaggerated that he would eliminate health insurance for seniors and veterans.
He asked for an immediate end of the fliers.
Protect West Virginia has the same address as the Democratic Legislative Campaign Committee on K Street in Washington, D.C. According to the latest campaign finance disclosures with the West Virginia Secretary of State, Protect West Virginia for the election cycle has reported campaign contributions of $186,500 and expenditures of $185,940.
Of the contributions, at least $166,000 came from the campaign committee. Protect West Virginia reported paying about $105,000 to Mad Dog Mail of Fernandina Beach, Fla., for direct mailings.
Protect West Virginia, in the mailings, claims, for example “If he had his way, over 150,000 West Virginians including veterans and seniors would lose their health insurance.”
Kelly said the claims are untrue and the last straw was the mailer with the empty wheelchair.
“This stuff has gone on long enough,” said Kelly, who also blames the legislative campaign committee.
“This needs to go away,” he said. “The advertising is not true, misleading, and it’s unethical.”
Kelly has sent the mailer for “John ‘Kentucky’ Kelly’s Kentucky Fried Senior Plan,” which shows a chicken bucket filled with senior citizens, to the Kentucky Fried Chicken corporate headquarters. Copyright infringements may have occurred, he said.
Kelly isn’t the only 10th District candidate targeted.
Grow WV Inc., which listed an address in Elkins, produced a mailer with Democratic incumbent Dan Poling as a superhero for the Sierra Club and anti-coal policies. His head was superimposed on a man wearing tan pants, gray cardigan sweater, purple striped tie and a red cape.
Candidates for the 10th District run against each other for three positions. Also running are Republicans Mike Azinger, the son of Delegate Tom Azinger, and Frank Deem, and Democrats Paul E. Miller and Don Stansberry.
Kelly, a councilman in the City of Parkersburg, drove to Charleston Thursday afternoon to lodge a complaint with the secretary of state. He’s unsure of what satisfaction he may receive; however, “this has gone on long enough,” he said.
“I’d help him if I can,” Poling said.
Poling feels Kelly’s pain, but said he doesn’t know what can be done. The issue goes to back to the Citizens United decision and free speech, but such tactics denigrate the election system and the process of choosing representatives, according to Poling.
“I feel just as bad as Kelly does,” Poling said.