Candidates' campaign finance reports due Monday

COEUR d'ALENE - The 2009 general election is over, but finances raised and spent in 2010 should still be reported to Coeur d'Alene City Hall by Monday.

While 2010 wasn't an election year for a city seat, the previous year's election turned into a yearlong court case, meaning two former Seat 2 candidates were still accepting and spending money in 2010 tied to the 2009 campaign.

But those two candidates differ on how finances for the court case were tied to the actual election, and whether they have to file financial disclosure reports.

Seat 2 incumbent Mike Kennedy said he plans to file his disclosure by 5 p.m. Monday. He raised and spent about $9,500 in 2010 to help cover his costs.

Not a part of his disclosure is the roughly $70,000 the city spent to cover Kennedy's legal fees. That was a tort claim filed by Kennedy, and settled by the city.

Challenger Jim Brannon closed out his finance report in February.

His attorney, Starr Kelso, notified the city in April that the election officially ended, despite the ongoing litigation, when the city installed the 2009 winners in January 2010.

That meant Brannon was no longer a candidate and donated finances were no longer for candidacy; rather they were to help pay for Kelso's legal fees.

The city's legal team requested an opinion in February from the Idaho Secretary of State's Office to clarify.

A letter from Secretary of State Ben Ysursa said that the finances for the post-election challenge should be considered valid campaign expenditures.

"Would the expenses exist 'but for' the conduct of the campaign?" the letter asked. "As in this case, an election challenge would likely not exist without a candidacy."

A $50 a day fine may be imposed for not filing, according to city clerk Susan Weathers.

City attorney Mike Gridley and deputy attorney Warren Wilson were out of the office and could not be reached for comment Friday.