Rick Nolte accused of campaign-finance violations in School Board race
Rick Nolte, newly elected to the Polk County School Board, faces a complaint that he violated a state campaign-finance law with cash contributions made by himself and supporters.
Billy Townsend of Lakeland, a former School Board member, submitted a complaint this week to the Florida Elections Commission. Townsend cited Nolte’s campaign-finance disclosures, in which he reported a $5,200 cash loan to his campaign and a series of 10 cash donations of $100 each from others.
A Florida statute covering campaign finance limits contributions made to a candidate in cash or by cashier’s checks to $50 per election. The law states that anyone who makes or accepts a contribution in excess of that amount commits a first-degree misdemeanor.
Willfully making or accepting a cash contribution of more than $5,000 is a third-degree felony, the law says. In his complaint, Townsend accuses Nolte of both misdemeanor and felony offenses.
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Donna Ann Malphurs, an agency clerk with the Florida Elections Commission, said that complaints and related documents are confidential until after the agency makes a probable cause determination. She said she could not confirm if the commission had received Townsend's complaint.
Townsend shared a receipt showing the letter was delivered through UPS on Tuesday.
Malphurs also said by email that the commission “is not authorized to provide or render legal advice, give guidance and or make an interpretation of the elections code.”
Malphurs referred a reporter to the Florida Division of Elections for interpretations of state law. Mark Ard, a spokesperson for the Department of State, which oversees the Division of Elections, acknowledged receipt of an email sent Friday morning and said he would be in touch.
A call to Nolte’s cell phone Friday morning was not answered and didn’t go to voicemail. Nolte did not respond to a text message or an email. He has not responded to any previous interview requests from The Ledger.
In a campaign treasurer’s report posted by the Polk County Supervisor of Elections, Nolte disclosed a loan of $5,200 to his campaign on March 10. It is described as cash under the heading “contribution type.”
Nolte reported repaying the $5,200 loan to himself on May 26.
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In another report covering Aug. 6 through Aug. 18, Nolte reported 10 contributions of $100 each from separate individuals. Each is described as “cash.”
In addition to the loan, Nolte reported three contributions to his own campaign totaling $15,200. The source for each is labeled as a check.
Nolte acknowledged an error in a letter sent to the Supervisor of Elections office and dated Aug. 26. The letter reads (in unedited form):
“I did not realize that the cash maximum contribution to my campaign was $50 cash per person. I thought it was $100. After reporting the 10 $100 donations it was brought to my attention. I have now, since realizing this mistake returned $50 cash to each of the 10 donors. Please accept my apologies for this mistake and let me know if there is anything further, I should do to correct my error.”
The letter does not mention Nolte’s self-reported cash loan of $5,200. The Supervisor of Elections office is not responsible for enforcing state election laws.
Supervisor of Elections Lori Edwards said that Nolte can report any final financial activity by his campaign in a "termination report," which is due to her office by Nov. 21.
Told of Nolte’s letter, Townsend said in a text message: “I assume the relevant authorities will be asking for the appropriate verifications and receipts. It seems very strange that he acknowledges 10 ‘accidental’ misdemeanors, but has nothing to say about loaning himself $5,200 in cash, which certainly looks like a felony in the statute.”
A document Nolte submitted to the Supervisor of Elections office last November listed Dennis Elliott of Mulberry as his campaign treasurer.
The Ledger left voicemail messages for two of the supporters listed as making $100 cash contributions to Nolte in August. Neither had responded by Friday afternoon.
Nolte, a retired physical education teacher and Mulberry resident, ousted incumbent School Board member Sarah Fortney in the Aug. 23 election for District 3, capturing just under 51% of the vote. He will take office in November.
Nolte reported total campaign receipts of $44,409, compared with $38,181 for Fortney.
Nolte was one of four candidates endorsed and promoted by the Polk County Republican Party in the nonpartisan elections. He signed Gov. Ron DeSantis’ “Education Agenda” pledge, which included promises to avoid school closures, “keep woke gender ideology out of schools” and reject Critical Race Theory, which is not taught in any public schools in Polk County.
Nolte was the only candidate to receive an endorsement from DeSantis, who gave his support to 30 candidates statewide. Fortney received an endorsement from the Polk County Democratic Party.
Townsend served on the Polk County School Board from 2016 to 2020 and now writes a digital newsletter focused on education and politics. He regularly criticized Nolte and two other conservative School Board candidates during the campaign.
Gary White can be reached at gary.white@theledger.com or 863-802-7518. Follow on Twitter @garywhite13.
This article originally appeared on The Ledger: Nolte violated finance laws in Polk County School Board campaign | Complaint
