Former Federal Election Commission Chair Ann Ravel filed a complaint on Saturday against state Assemblymember Evan Low’s congressional campaign, alleging he failed to report the use of a nonprofit’s email server and contact list as an in-kind contribution.
The FEC complaint is the latest development in the contentious Congressional District 16 race between Low and former San Jose Mayor Sam Liccardo. The two Democrats have raised nearly $7 million as the vie to replace U.S. Rep. Anna Eshoo, who announced she would not seek re-election late last year after more than three decades in Congress.
Ravel, who was appointed to the FEC by President Barack Obama in 2013, has endorsed Liccardo, but contends the complaint doesn’t have anything to do with her support for the former mayor.
“For me, it’s more about how I think it’s so important for people who are in public service and run for office to follow the law,” she told The Mercury News.
In February, Ravel said she became aware of an email sent by Low’s campaign about his “pro-choice voting record.” She said the email had an unsubscribe link at the bottom that directed the user to a website hosted by a nonprofit called Stand With Asian Americans.
“This indicates that Mr. Low and his committee were using a web platform hosted by SWAA, and that, apparently, they sent this email to SWAA’s email list,” Ravel wrote in the complaint.
Low’s campaign didn’t report any in-kind, or non-monetary, contributions from the nonprofit and didn’t report any payments to the organization for its email list or web server, the complaint alledged. The Federal Election Campaign Act of 1971 requires candidates to report contributions or “anything of value” that they’ve received.
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Because Stand With Asian Americans is a nonprofit, or tax-exempt organization, Ravel said that they are also barred from making any kind of contributions to a political campaign in the first place.
Low’s campaign refuted the allegations in the complaint.
“Sam Liccardo is once again deploying his supporters to make false accusations against our campaign and distract his own shady conduct,” Low campaign spokesperson Lam Nguyen said in a statement. “This is simply a case of a volunteer working in their personal capacity using the wrong hyperlink. The email list was purchased from the county registrar and reported by the campaign.”
Low’s opponent, Liccardo, is the subject of two FEC complaints filed earlier this year that deal with the primary recount of votes after Low tied for second with Santa Clara County Supervisor Joe Simitian. The recount was requested by Jonathan Padilla, a former Liccardo mayoral campaign staffer, which sparked accusations of collusion. In a July op-ed, Ravel blasted the two complaints and said they were “filed with absolutely no evidence” and were a “crass political ploy to mislead voters.”
This is a breaking news story. Check back for updates.
