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Friday, May 23, 2003

Fletcher can spend money


Nunn tried to block use of funds

By Joe Biesk
The Associated Press

FRANKFORT - Days after winning the Republican nomination for governor, Ernie Fletcher notched another victory Thursday as the Registry of Election Finance dismissed a complaint seeking to preclude him from spending some of his campaign money.

The complaint arose from rival candidate Steve Nunn's attempt to have Fletcher disqualified.

An attorney for Nunn, Michael Karem of Louisville, filed the complaint in April, contending Fletcher's campaign should be barred from spending money it took in before March 26 - the day a judge ruled that Fletcher's original running mate, Hunter Bates, did not meet eligibility requirements set out in the Kentucky Constitution. Fletcher later selected former U.S Attorney Steve Pence as a replacement.

Neither Nunn nor anyone representing his campaign appeared before the panel Thursday.

In dismissing the complaint, the registry board relied on the Kentucky Supreme Court's ruling that the Fletcher slate was legitimate even after Bates' removal.

Rosemary Center, the registry's general counsel, told the panel that money contributed to a Fletcher-Bates slate now belonged to the Fletcher-Pence organization.

"The slate is a slate is a slate, and it stays intact," Center said. "If one member of it is taken off, it stays intact."

There was not probable cause to find that Fletcher or his campaign, Friends of Ernie Fletcher, violated any campaign finance laws, according to a staff report Center signed.

An Oldham County judge ordered Bates off the ticket because he had lived for most of the last six years in Alexandria, Va., while working in a Washington law firm and on the staff of U.S. Sen. Mitch McConnell.

The constitution requires candidates for governor and lieutenant governor to be citizens and residents of Kentucky for the six years prior to election.

The issue of whether Fletcher should then remain on the Republican primary ballot wound its way to the Supreme Court, which ruled in Fletcher's favor.

Fletcher's attorney, Jason Underwood, said contributors had not asked for refunds since Bates' removal from the slate. In addition, contributions were written to the campaign committee, not to any specific person, Underwood said.

Fletcher had amassed $1.4 million and spent $475,000 as of March 25, according to campaign finance records filed with the registry.




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