$1.8 Million in Campaign Violation Fines is Owed to RI Board of Elections

Robert Faria - Fined over $60,000 - 9 From EP on List:

As of June 30, 2014, the Rhode Island State Board of Elections (BOE) is owed a minimum of $1,794,594.00. These unpaid fines were assessed to local and state candidates and some organizations as well. According to RI state law campaigns must file finance reports at ninety (90) day intervals starting on the date on which the individual or group first becomes a candidate. The reports shall include the name and address and place of employment of each person from whom contributions in excess of a total of one hundred dollars ($100) within a calendar year were received; the amount contributed by each person; the name and address of each person to whom expenditures in excess of one hundred dollars ($100) were made; and the amount and purpose of each expenditure. As of June 30, 2014, dozens of current and former politicians have been fined for either filing late or not filing reports at all. Collectively the fines are reaching the $1.8 Million mark. Among this list are nine (9) from East Providence. Their names and fine amounts are: Robert M Faria $62,872.00; Brian Castro $23,018.00; Stephen A Furtado $6,629.00; Stephen M. Costa $5,644.00; Thomas A Rose $1,666.00; David J Sullivan $577.00; East Providence; Ward 4 Democratic City Committee $314.00; East Providence Republican Committee $50.00 and Helder J. Cunha $25.00.

Richard E. Thornton, Director of Campaign Finance for the RI Board of Elections told The Reporter that it is difficult to collect or enforce these fines. In fact, the BOE has tried to get legislative support to help their effort but to no avail. "Collections have been an on-going problem. To assist in collections the Board (BOE) requested a legislative change to prohibit persons with fines pending from seeking office. They have not received legislative support. "Collections remain an ongoing issue," Robert Kando, BOE Executive Director said. Secretary of State, Ralph Mollis deferred all comment through an office spokesperson who stated that, "This would be a question for the Board of Elections. The Board of Elections is a separate entity. We prepare the ballots for the election(s), and educate voters on referenda and voting procedures. However, the BOE handles other matters, including campaign finance violations."

The Reporter contacted most of the East Providence candidates who have been fined by the Board of Elections. The biggest amount owed is $62,872.00 by former school committee member Robert Faria. Faria's violations date back to 2009. "Yeah, I have to straighten that out. I heard my name was on the list," said Faria. "I'm not really sure about it, I'm going to check it out and let you know," Faria said. However Faria hasn't responded back yet. "The entire amount Faria owes is the result of failing to file multiple campaign finance reports," said Thornton. "When a report is not timely received, a $25 fine is assessed. Within a week, a Notice of Non-Compliance is sent to the candidate. If the report is still not filed, a second Notice of Non-Compliance is sent via certified mail. If after this second Notice the report is still not filed, a $2 fee is added to the base $25 fine and the fee accrues daily until the report is filed," said the BOE's Thornton. Consequently, Faria's fine has reached $62,000 and is growing. Faria is the 7th highest name on the BOE list of violations. Patrick T. McDonald of Narragansett is the highest with a fine of $188,000. John Celona is second with a $152,000 fine.

Former school committee member Stephen Furtado has been fined over $6,600. "I let it slip by (the reporting requirement). I just fell behind and have to square it away. Sometimes if you pay back some of the original fine, they will wave some of the total amount. It wasn't intentional," said Furtado. Stephen Costa was an unsuccessful prior candidate for city council and has been fined just over $5,600. Costa said he was unaware of the report. "No, never knew, I took care of that a few years ago," he said. Although Costa's name appears on the latest list from the BOE fines, it lists his 'status' as inactive. "This is the most recent list. Due to priority given to other duties during this election period, the list has not been updated," said the BOE Campaign Finance Director, Thornton. In fact, the fines listed as of this writing will be increased due to the daily tabulations.

Incumbent Ward Three councilman Tom Rose is also on the list, having been fined just over $1,600. "I am aware of the situation," said Rose. "It's mostly a paperwork problem. Rhode Island is the only state that does this reporting like this. I don't have a problem with it, it's very tedious though. I've made some filings, I think it may be down to $900 or so," added Rose.

The campaign treasurer of the candidate, or committee reporting, shall certify to the correctness of each report. Some of the candidates above list themselves as treasurer which is generally accepted by the BOE. Persons can file an appeal if they dispute the fines. It does not seem like anyone in this report has done so yet. RI General Law states that "when the Board of Elections assesses a Filer with a fine for failure to file reports and the Filer is subsequently notified by certified mail of the imposition of the fine, then the Filer may appeal the fine on grounds that the fine was incorrectly imposed within thirty (30) days of receipt of notice...a failure to file a timely appeal shall be deemed an admission." Requests for appeals must be in accordance with the Rules of Practice and Procedure in Adjudicatory Hearings before the Rhode Island Board of Elections.

Most of the persons on this list from East Providence were contacted for comment. Some indicated that they would submit a reply, but after being contacted before the November election, they have not yet responded. We will print any response received on our web site, ReporterToday.com.

The BOE is hoping to address these overdue violations and fines after the upcoming election. "The emphasis at the present time is to oversee compliance with the reporting requirements of candidates and committees in the current election, numbering about 1,500. Sometime after the election a review of candidates with long outstanding fines will be conducted and legal action is a possibility," said the Board of Election's Thornton.