Republican gubernatorial candidate Jan Morgan said Monday that her campaign has temporarily suspended a "gun giveaway promotion" for contributions and will resolve questions about its legality, a day after former state Rep. Nate Bell of Mena charged that Morgan's campaign was conducting illegal raffles to raise campaign funds.
Bell, whose wife is Republican Gov. Asa Hutchinson aide Phyllis Bell, said Monday he has challenged numerous entities on the illegal use of raffles over the years and "most have decided to obey the law and not do the raffles."
He said Sunday in a Twitter post that Article 19, Section 14, of the Arkansas Constitution bans all lotteries except for certain narrow exemptions, and none of the exemptions allow for a political use to benefit a candidate for elected office.
"This illegal raffle on @JanMorgan_ campaign site follows another illegal raffle that was held Friday night during her dinner cruise fundraiser in Hot Springs," Bell wrote Sunday in another Twitter post.
Morgan's campaign website on Monday suggested that people "donate for a chance to get this Jan Morgan signature engraved Kimber micro 9!"
"A random choosing of participating supporters from this donation campaign will take place on or before May 21, 2018," according to Morgan's website. The primary is May 22.
Morgan said Monday afternoon in a text message to this newspaper that "we are looking into whether any action of my election committee or individuals who have supported [the] Jan Morgan for Governor campaign is prohibited under the laws or rules that [govern] campaign finance.
"The decision to run for governor has been from day one, a grass-roots movement, rather than a sophisticated political machine," said Morgan. "People can and do make mistakes, and if one was made in this instance I can assure you that it was an honest mistake by a volunteer and will be answered for honorably.
"Until this issue has been resolved, my campaign has temporarily suspended the gun giveaway promotion contributions that has sparked the present controversy," Morgan wrote in her text. "If it is determined that any action related to my campaign was improper, it will be dealt with a frank and transparent manner according to the laws and rules that govern campaigns. If that is determined, donations will be made related to that particular promotion will be refunded to the donors as soon as possible."
A spokesman for Hutchinson's campaign, Jamie Barker, said, "We were aware that she held a 'Reverse Drawing' raffle type fundraiser at her event in Hot Springs Friday night.
"This is a matter between Jan and the Ethics Commission and when we heard about this second drawing, we're pleased to see Jan is taking this seriously," Barker said in a written statement.
Graham Sloan, director of the Arkansas Ethics Commission, said the state laws under the jurisdiction of the Arkansas Ethics Commission don't address raffles, and Amendment 84 to the Arkansas Constitution allows for charitable bingo and raffles. If a prohibited raffle was held, it would be up to a prosecutor whether to pursue charges, he said.
Sloan said the donor of the raffled item and its value would have to be disclosed on a candidate's campaign finance reports, and the campaign contributions to purchase the tickets for a chance to get the raffled item would have to be disclosed under state law.
A prosecuting attorney in Garland County could not be reached by telephone for comment at the office late Monday afternoon.
Metro on 05/01/2018