Kansas ethics commission hearing on late campaign report ends with dismissal of complaints

The Kansas Governmental Ethics Commission on Jan. 22 closed a contested hearing into two complaints that alleged a candidate and his treasurer failed to file a July 29, 2024 receipts and expenditures report by the election deadline.

Earl Glenn, the hearing officer, presided over a combined proceeding of complaints 7-86 and 7-87 brought by Executive Director Mark Scoglin. Complainant counsel argued the commission's fax activity log did not show that the commission received a four-page report from the telephone number the respondents supplied; the commission's records showed the report was received on Aug. 9, 2024, three days after the Aug. 5 primary, which the complainant said deprived the public of election-sensitive disclosure.

Respondents Christopher Carrico and Melissa Stout testified they sent the report from a business/home fax line that produced an "OK" receipt and provided a fax journal printout indicating a successful transmission from (316) 260-4605 at about 4:15 p.m. on the deadline. The executive director testified that the commission's fax activity report contained no corresponding record for that date and time and that the secretary of state's office also had no record of a timely fax. Scoglin said the commission's activity log contained other faxes that day with different durations and originating area codes that did not match the respondents' submitted journal.

Respondents acknowledged they re-submitted the report after being notified it had not been received; staff record shows the agency received the report on Aug. 9, 2024. Stout told the commission she believed the original transmission had succeeded because her machine reported "OK," and later contacted the fax manufacturer and learned that some machine settings or line issues can cause false "OK" receipts.

After testimony and argument, commissioners deliberated and voted that the complainant had not met the commission's required burden of proof — clear and convincing evidence — on the key factual question whether the ethics commission received the report by the deadline. By vote, the commission dismissed complaints 7-86 and 7-87. Commissioners also authorized counsel to prepare an order memorializing the dismissal.

The record notes a separate $400 civil penalty previously assessed against the candidate remains in place; commission staff said a waiver request for that civil penalty may be filed and considered separately.

Why it matters: The case turned on conflicting machine logs and the reliability of fax transmission records. The commission required clear and convincing evidence to find a statutory violation; on the record before it, commissioners concluded that burden was not met. The decision resolves three-year-old administrative enforcement that had been awaiting final action.

What commissioners said: Hearing officer Earl Glenn described procedural rules for the hearing; Executive Director Mark Scoglin testified about the commission's fax logs. Respondent Melissa Stout said she believed the original transmission had gone through and later learned electronic "OK" receipts can be misleading.