Legality of Stewart mailer questioned

The Potomac News ^ | 10/12/2007 | Keith Walker

[ReagansRaiders]

Prince William Commonwealth's Attorney Paul Ebert has questions about a mailer Supervisor Chairman Corey A. Stewart sent out this week.

"It doesn't smell good," Ebert said of the mailer notifying residents that the Prince William Board of County Supervisors will vote Tuesday on its policy to crackdown on illegal immigration and to cut off taxpayer-funded services to illegal immigrants.

Ebert said Friday that he will appoint a special prosecutor to look into the mailer that was delivered to area mailboxes Thursday.

Stewart, R-at large, said that he paid $30,937 out of his discretionary funds to mail the white, 8 x 5 cards which stopped short of asking residents to encourage the board to pass the resolution.

The chairman receives $27,500 in discretionary funds annually from the county's general fund to spend in any way he sees fit. Supervisors receive $47,500 annually.

The illegal immigration issue has been the cornerstone of Stewart's campaign for the chairman's seat.

Ebert said the investigation will determine if the mailers crossed into the realm of politics.

"You can't use taxpayer money for political purposes to start with, and then there are potential violations of election laws," Ebert said. "That's all got to be investigated and sorted out."

Stewart said Ebert, who is a Democrat, is politically motivated.

Stewart said he had questions that he would ask the U.S. Department of Justice.

"I'm going to ask whether or not it's lawful for the county prosecutor to try to intimidate an elected official for doing his official duties by using the threat of a prosecution," Stewart said. "I think that's disgusting."

Stewart mailed roughly 128,000 of the cards to every household in the county for informational purposes after getting three bids for the project, he said.

"Not everybody reads the newspaper and I believe that it is critical that all constituents are informed about the issue," Stewart said.

Supervisor Maureen S. Caddigan, R-Dumfries, said the mailer was superfluous.

"Why was this mailing necessary, as it's already been on TV and the print media," Caddigan said. "What's with these theatrics? This is a piece of political literature to benefit him just before the election."

Supervisor Hilda M. Barg, D-Woodbridge, called Stewart "unethical" for sending out a mailing that looked so much like a campaign piece just weeks before the election.

The cost of the mailing bothered Barg as well.

"This is misleading the public. This is spending almost $31,000 of taxpayers' money when he's standing up here talking about how we've got to cut costs," she said.

Barg was also incensed that Stewart didn't check with the other board members, as is the custom before they spend discretionary funds.

"Not one board member knew this was coming out," Barg said.

Supervisor Michael C. May had minimal discomfort over the mailer since Stewart sent it to every home in the county.

"It did let people know there's a vote coming up," May said.

Supervisor W.S. "Wally" Covington, R-Brentsville, said he wouldn't have sent the mailer.

"Mailers are traditionally campaign techniques and that aspect of it probably bothers me," Covington said. "It might be legal, but it wouldn't be the course of action I would take. He's bold."

Still, Covington said that Stewart would "get an awful lot of

benefit" with the mailer.

Dennis Stewart, a Prince William County resident and no relation to the supervisor, drove from the Harbors of Newport near Leesylvania State Park to the Potomac News on Smoketown Road to talk about the mailer.

The Democrat, a Prince William County school board member

between 1992 and 1996, said he initially thought the card he got in his mailbox was a campaign piece.

"I think it's horrible. The fact is he used taxpayer money to get publicity for his candidacy," he said.

Dennis Stewart scoffed at Corey Stewart's contention that he sent the mailer for informational purposes only.

"A person would have to have his head stuck in the dirt for the last year not to know this was going on," said Dennis Stewart, who added that he would have rather seen the money spent at the homeless shelter.

Stewart's opponent in the November election for county chairman, Sharon E. Pandak, said, " I'm just amazed at the arrogance and lack of any respect for use of public money that Corey Stewart has demonstrated."

[ReagansRaiders]

"It doesn't smell good," Ebert said of the mailer notifying residents that the Prince William Board of County Supervisors will vote Tuesday on its policy to crackdown on illegal immigration and to cut off taxpayer-funded services to illegal immigrants.

Well, it doesn't "smell good" that Ebert announced this publicly 3 weeks before an election in which he has financially supported the opposing candidate.

I am an attorney whose field of expertise is both election law and lobbying. It is clear to me that this mailer, while politically advantageous to Chairman Stewart, was well within the bounds. Consider: 1) it was sent out to every home, not select residences with registered voters or voters who participated in certain elections; and 2) the mailer announced the vote, but did not advocate a position on the issue. These neutral factors place it well within the law. Under the law, there was no electioneering and there was no lobbying. Paul Ebert should know better. Support Ham Sandwich for PWC Commonwealth's Attorney!!!

[crazyshrink]

its policy to crackdown on illegal immigration and to cut off taxpayer-funded services to illegal immigrants.
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Good post.
It seems to me that the Supervisor is informing the County voters on an issue that the Dims don’t want overtly publicized lest they face voter reprisal? Yup...politics goes both ways.

[crazyshrink]

Oh yeah, nice ad for the ham sandwich too!! Got my vote.