Campaign watchdog sees evidence of abuses but lacks the funding to prosecute

Oklahoma’s campaign watchdog agency has the evidence needed to prosecute multiple violations of the state’s campaign finance laws, including from out-of-state actors engaged in “dark money” spending.

But the Legislature has not given it the money needed to pursue those cases, said Ashley Kemp, executive director of the Oklahoma Ethics Commission.

“We have been treading water consistently for several years, just trying to keep our heads above water, but our arms are tired and we need assistance,” Kemp told lawmakers this week during an agency budget hearing.

The 2022 election cycle saw more than $75 million spent on campaigns, and more than $33 million from “dark money" groups, nearly triple the amount spent in 2018, according to the Oklahoma Ethics Commission.

Unlike candidate committees and political action committees, which are required to reveal their donors, some political organizations set up specific types of nonprofits that are shielded from revealing their donors, a practice that is often referred to as "dark money."

The Ethics Commission also oversees lobbying expenditures.

Kemp said the state's ethics rules are fairly strong, as highlighted by the Coalition for Public Integrity, which recently ranked Oklahoma No. 12 in its strength of ethics laws.

“Thankfully they did not look at our funding and our actual ability to enforce," Kemp said.

Last year, the Legislature appropriated $688,000 for the Ethics Commission, which was 16% lower than the 2018 budget cycle.

The Ethics Commission can seek civil penalties in district court, but taking a case to trial can be costly.

Just one trial case can cost one-third of the agency's budget, Kemp said.

The commission should determine which cases to pursue based on the facts, “it should not be whether or not we have the funding to adequately litigate,” Kemp said.

House and Senate appropriations subcommittees are in the process of hearing from state agencies before spending the next few months crafting a state budget.

More:Dozens of state agencies line up to make budget requests at Capitol

Kemp presented her budget request Tuesday before the Senate appropriation subcommittee on government and transportation.

At least one member of the committee expressed concern over Kemp’s presentation, acknowledging her agency’s budget was not keeping up.

“This is probably one of the most alarming presentations I have heard as a senator,” said Sen. Darrell Weaver, R-Moore. “You and your agency are a watchdog to make sure the playing field is level in elections ... but if we lose that in Oklahoma we are in trouble.”

The Oklahoma Ethics Commission has consistently requested more funding, but state lawmakers have not shown an interest in increasing the agency's budget.

Kemp is asking for a nearly $400,000 increase for the 2024 Fiscal Year budget, which begins in July. The increase would provide enough money to restore recent cuts, add a senior staff position and fund an office that monitors local elections, such as municipal races.

"That fund has been zero," said Kemp, referring to the office for local election monitoring. "We ask for funding every year. No money is ever appropriated for it."

This article originally appeared on Oklahoman: Oklahoma Ethics Commission lacks the funds to prosecute