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Boley, Deem continue fight against campaign bill

Jody Murphy
POSTED: June 26, 2008

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PARKERSBURG - Two local Republican senators say it's a lost cause, but they will continue to fight Democrat efforts to pass an election advertising disclosure law during the special session.

Sens. Frank Deem, R-Wood, and Donna Boley, R-Pleasants, both say the rush to pass the bill is a thinly-veiled attempt to get Democrats elected to office.

"The real thrust behind the bill is people, liberal Democrats, who are afraid we will get another Brent Benjamin on the state Supreme Court," Deem said. "The main thrust is too keep a more conservative person from getting elected to the Supreme Court."

Lawmakers are in Charleston for a special session called by Gov. Joe Manchin to address the campaign legislation and a delay of the gasoline tax increase in January, among other bills.

The bill responds to a federal judges ruling that exempts an array of non-broadcast advertising from the 2005 disclosure law. The law had mandated spending reports for ads referring "to a clearly identified candidate" close to an election. It does not apply to candidates, political parties or political action committees already governed by disclosure requirements.

The Virginia-based Center for Individual Freedom filed the federal challenge while seeking to run ads in West Virginia's Supreme Court race without identifying donors or spending.

"It might cause some people not to campaign as they would have otherwise and there are some groups who feel the same way; that this is just an effort to control the election," Deem said. "The Democrats are doing everything they can to keep that from happening again because they want to control the court."

Boley said the issue is split along party lines. She said House Judiciary Committee Chairwoman Carrie Webster, D-Kanawha, is pushing the bill to help get Attorney General Darrell McGraw re-elected,

"I am told some of her law partners do contract work for McGraw, plus her husband works for McGraw. It appears she has a real conflict of interest," Boley said.

"As much as it might be exciting to portray this as a political issue, we think it's a good government issue," Senate Minority Leader Don Caruth, R-Mercer, told the Associated Press. Caruth advises further study in anticipation of legislation in next year's regular session.

"Someone will file a lawsuit when this bill is passed," Caruth said. "We could be in a situation where we have an injunction against one law and another injunction against this law."

House Majority Whip Mike Caputo, D-Marion, questioned that argument.

"The issue is, should the public know where they money is coming from behind these election ads?" Caputo told the AP. "If we go home without this, that means I helped to put up a veil for people to hide behind."

Senate Republicans voted in caucus not to suspend legislative rules requiring a bill be read on three separate days. By not suspending the rules, legislators would either have to quash the bill or remain in session through at least Friday.

"(Webster) said she is going to get that bill passed no matter how long we have to stay here," Boley said. "We think it needs a little more time."

Both Boley and Deem admit Republicans are fighting for a lost cause.

They have the votes, Deem said.

"It will pass, but not with the help of the Republicans," Boley said. "Sometimes you have to take a stand and this is one we are going to stand against."

Member Comments
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WVPatriot
06-27-08 4:46 PM
Considering that the story of Brent Benjamin's election should be an embarrassment to anyone who truly believes in democracy, I fail to understand why anyone claiming to represent the public good would oppose an effort to keep such a mockery from occurring again. Benjamin was blatantly pushed into office by coal money that comes from an industry that wants you to believe that a barbaric practice like mountain top removal mining is good for the state, and that providing a few short term jobs is well worth the systematic rape and irrevocable destruction of West Virginia's scenic beauty. If you help hide that money trail, you are helping turn our state into a barren wasteland. But if you enjoy the beauty of the mountains, clear streams and the life that springs forth from them, and if you represent the people of West Virginia, you should support putting the short sighted coal interests in plain view.

If you are opposed to that disclosure, what are you hiding?

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