State Sen. Jeff Klein and the state Independence Party created an illegal fundraising committee that was used to circumvent contribution and spending limits, a state judge ruled on Thursday.
Albany Supreme Court Justice Kimberly O’Connor said the scheme allowed for the formation of the Senate Independence Campaign Committee within the Independence Party specifically to help elect Democrats in the state Senate allied with both Republicans and the third party.
Klein formerly headed the eight-member Independent Democratic Conference, which disbanded in April after the rogue Democrats abandoned their alliance with the GOP majority.
The committee and related accounts had a combined $1.4 million balance as of January, campaign records show.
Klein, in an agreement with Independence Party chairman Frank McCay controlled the party’s subsidiary, the Senate Independence Campaign Committee.
O’Connor agreed with state chief Board of Elections enforcement counsel Risa Surgarman, who brought the suit, that the committee violated election law and invited quid pro quo deals.
”To allow the Independence Party to turn over a party committee to members of the IDC, enrolled Democrats would open the door to political parties allowing other independent bodies or special interest groups, regardless of party affiliation, to control party committees, have their own housekeeping accounts, and receive benefits solely to party and constituted committees under Election Law. Such a result was clearly not intended by the Legislature, and would the render the contribution limits, among other things, meaningless.” O’Connor wrote in the 38-page ruling.
Sugarman applauded the ruling.
“We’re very pleased with the decision. We’re reviewing the decision to see what our next action will be,” Sugarman said.
Lawrence Mandelker, the attorney for Klein and the Independence Party responded, “My clients respectfully disagree with Justice O’Connor’s analysis, but will follow her directive to bring SICC into full compliance by filing an amended registration reflecting SICC’s status as a Party Committee.”
McKay took over the suspect committee after the IDC disbanded.