As one Little Rock mayoral candidate's exploratory campaign surpasses the $100,000 fundraising mark, a second challenger has almost $30,000.
The incumbent, meanwhile, has a piggy bank holding more than $75,000, but he isn't allowed to accept new donations for another seven months.
State law and city ordinance conflict when it comes to campaign-finance regulations for elected city positions, starting the three candidates off on different playing fields in terms of collecting donations for the 2018 Little Rock mayor's race.
State Rep. Warwick Sabin D-Little Rock, and banker Frank Scott Jr. are following a state law that allows exploratory committees to collect donations two years ahead of an election and then transfer those funds to the candidate's campaign once he files to run.
Mayor Mark Stodola, as the incumbent, must follow the city's code of ethics and a city ordinance that forbids candidates from collecting campaign contributions until six months before an election. That would be June 1 for the Nov. 6, 2018, election.
City Attorney Tom Carpenter argued that both Sabin and Scott should be following the city ordinance as well since state campaign law allows cities to set stricter timelines for collecting funds, but the Arkansas Ethics Commission refused to opine on whether the local ordinance trumps the state code.
The commission said that Sabin and Scott's actions abide by all state regulations, which is the only law under the commission's jurisdiction.
Both men's exploratory committees must file campaign disclosure forms with the county at the end of each month showing revenue and expenses through the prior month.
The October forms, which include contributions and expenditures through September, show Sabin in a clear financial lead over Scott.
Sabin had accepted $91,322 in contributions and spent $16,206 by Sept. 30. An Oct. 23 news release from his campaign said that the exploratory committee had raised $100,000 by that point.
Sabin announced his exploration into running for mayor in July. Scott announced two months later in September.
After the Sabin campaign news release announcing the $100,000 mark had been reached, Scott's campaign began sending out emails soliciting donations.
"If we are going to keep our focus on solutions, we must have the resources to keep our efforts going. Our first financial report is due October 30th and I need your help to ensure we meet our goal," an Oct. 23 email said.
His report shows that his exploratory committee had accepted $28,238 and spent $741 as of Sept. 30.
His only expense was for online services through a campaign collection software company called Raise the Money.
Sabin's expenses included payments to fundraising consultants, campaign software from Campaign Deputy, and two advertisements.
Stodola had $78,412 in his account at the end of last year carried over from his last campaign. The account accrues interest.
Sabin has previously criticized Stodola for his "war chest," saying the city attorney is protecting Stodola by opining that the mayor didn't have to follow the part of a city ordinance that requires officials to pay back or give to charity any leftover campaign funds.
Carpenter issued an opinion in 2010, and again last month, saying that part of the city campaign code is defunct because state law now overrides it and the state doesn't give cities the authority to set more stringent policies in that regard.
Stodola has said he believes both Sabin and Scott are breaking the law by raising funds already.
Sabin also has carry-over funds from his state representative campaign.
The reports show he had $7,223 carried over from his 2016 campaign. The latest report in July shows there is about $1,800 left. His campaign spokesman said Sabin will not use any of that money toward his mayoral campaign. He also had carry-over funds from his 2014 campaign that he used in 2016.
After the Ethics Commission's most recent response about the legality of exploratory committees in the mayor's race, Carpenter said he would draft a memorandum to the city Board of Directors advising them of their options. One option is to seek a declaratory judgment on the matter in Circuit Court.
"The issue is up in the air," Stodola said Wednesday. "If it continues like this, it could be a disadvantage [to my campaign.] We will have to see how this thing plays out."
The salary for the mayor position is $160,000. The mayor directs city board meetings and votes only in the event of a tie. He also has veto power.
That seat and six of the seven ward seats will be on next year's ballot. City directors are paid $18,000 per year and serve four-year terms.
The other ward seat and three at-large positions will be on the ballot in 2020.
The issue of challengers being able to raise funds before incumbents also applies to the city director races, but no one who has announced they are exploring a run has begun collecting money.
Metro on 11/02/2017