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Commission finds county registrar used public equipment for campaign flyers; $750 fine set, reduced to $200 if paid within 30 days
Summary
The commission found a county register of deeds candidate used county copier and paper to produce campaign materials, concluding a violation of KSA 25-41-69 and imposing a $750 fine with a reduction if paid promptly.
The Kansas Governmental Ethics Commission found respondent Irma Alaniz liable for using public equipment to produce campaign materials and imposed a civil fine at its Jan. 22 meeting.
Commission counsel presented a sworn proffer and evidence the respondent, then a county registrar of deeds candidate, used a Mead County copier and paper to copy campaign flyers that included the phrase "Reelect Irma Alaniz," language the agency treats as express advocacy. Caitlin Bull Steward, appearing for the complainant, said Alaniz admitted using county equipment in a probable-cause statement and signed certified-mail receipts for notices from the commission.
No representative for Alaniz appeared at the hearing; staff told commissioners the respondent had not responded to repeated contacts since mid-September. Commissioners found the respondent liable for violating KSA 25-41-69, which prohibits use of public funds, supplies or equipment for express campaign advocacy by a government employee.
Commissioners debated the appropriate penalty. Staff reviewed prior enforcement history and recommended a range between $500 and $1,000; after discussion the body voted to impose a $750 civil fine, reduced to $200 if paid within 30 days. Commissioners also authorized counsel to draft a proposed report and order reflecting the finding and penalty.
Why it matters: State statute bars government employees from using government supplies or equipment to advocate for or against candidates. The commission said its decision reinforces that prohibition and noted prior guidance and enforcement examples when public equipment was used for campaign communications.
What the record shows: Commission staff relied on Alaniz's own probable-cause statement that she used county equipment to copy campaign flyers and on the text of the flyers, which include explicit electoral advocacy language. Alaniz did not appear at the hearing to contest the allegations.
