Former Arkansas Attorney General Dustin McDaniel says a complaint filed by liberal blogger and attorney Matt Campbell to the state ethics commission could have epic political ramifications.
That complaint took issue with the Arkansas Attorney General and State Treasurer campaigning for then-presidential candidate Mike Huckabee during office hours. The Ethics Commission dismissed the complaint, saying candidates for federal office do not meet the state's definition of a “candidate.”
However, McDaniel says, the Commission did note that the law applies to public servants, like legislators and constitutional officers, campaigning for a state candidate.
He says that's a problem because it's common practice for lawmakers to engage in activities like breakfasts and lunches as fundraisers.
"Now, I think that there's real safety in numbers here because this is something that is essentially done by everybody because of traditional misunderstanding or misinterpretation or disregard for this statute," says McDaniel.
Violation of the statute, known as Ark Code Ann. § 7-1-103, is considered a Class A Misdemeanor punishable by jail time or removal from office.
McDaniel says there is now a need for the legislature to clarify the statute.
"Certainly it would make sense that it needs to be fixed before the next general election in November, because I don't think anybody thinks that political candidates and political office holders are going to stop engaging in politics," added McDaniel.
