Arkansas congressional candidate's filing lists barred gift from corporation

Rev. Randall Duane “Randy” Caldwell is shown in this photo.
Rev. Randall Duane “Randy” Caldwell is shown in this photo.

WASHINGTON -- The campaign of Republican congressional candidate Randy Caldwell accepted $2,000 from a corporation in December, despite a federal bar on corporate giving, campaign records show.

The donation, which was listed in the campaign's recent Federal Election Commission filing, is an impermissible contribution, according to Alex Baumgart of the Center for Responsive Politics, a nonpartisan group that tracks money in politics.

A Federal Election Commission official, while unable to discuss particular campaigns or individuals, said corporate gifts are barred.

"The Federal Election Campaign Act specifically prohibits corporations from contributing to federal candidates," election commission spokesman Myles Martin wrote in an email.

The donation, from Fort Smith-based Holmes Erection Inc., was listed with the campaign's Report of Receipts and Disbursements.

The filing deadline for the report was April 15; the Caldwell campaign mailed partially completed paperwork to the Federal Election Commission on May 1 after the Arkansas Democrat-Gazette asked about the overdue data.

Campaign treasurer Aubrey L. Jayroe, who submitted the handwritten form, reported that the campaign raised $25,100 from 17 donors between Nov. 30 and April 21.

The paperwork didn't include Schedule A, which would have listed the campaign's "itemized receipts," or Schedule B, its list of "itemized disbursements."

Instead, the campaign created its own form that didn't include donors' addresses, occupations and employers. The submitted paperwork didn't explain how the money had been spent.

In an email, a Federal Election Commission spokesman said campaigns are supposed to reveal specific information about donors.

"A campaign committee is required to use its best efforts to obtain, maintain and report the name, address, occupation, and employer of each individual who contributes more than $200 in an election cycle to that campaign," he wrote. "If a campaign does not receive the information from the donor, it must make at least one follow-up request within 30 days to the individual to attempt to obtain the required information."

Fourteen of Caldwell's 17 donors gave more than $200; the campaign didn't submit addresses, occupations or employers for any of them.

Specific information must also be disclosed about campaign expenditures, including the purpose of the disbursements and the recipients of the money; the information was omitted from Caldwell's report.

Jayroe, a Forrest City tax preparer and adviser, did not respond to telephone calls Tuesday and Wednesday. An employee at Jayroe & Co. said Jayroe was aware that the reporter was trying to reach him.

Caldwell, who announced in February that he had moved from Texas to Hot Springs Village and had filed to run for Congress, did not respond to emails Tuesday and Wednesday requesting comment. A phone call to his campaign Wednesday was not returned.

Officials with Holmes Erection Inc. did not respond to a request for comment.

U.S. Rep. Bruce Westerman of Hot Springs, Caldwell's opponent in the May 22 primary, said he's committed to complying with federal election requirements.

"We do our campaign reports on time," Westerman said. "I think if you're going to step to the plate and run in a federal campaign, you need to follow federal election laws."

In an email, Baumgart said the Caldwell campaign's report has "major issues."

"Reporting identifying info for donors and expenditures are legal requirements so expect the FEC to send the committee an RFAI (Request for Additional Information) that will layout what needs to be fixed and the deadlines for doing so," Baumgart wrote. "If the committee fails to fix the issues, the FEC could fine them."

Caldwell had to amend his statement of candidacy in April after telling the Federal Election Commission, erroneously, that he would be a candidate for office in 1918.

Caldwell also failed to file a statement of organization with the Federal Election Commission as required by law. He did so in April after the Arkansas Democrat-Gazette asked about the omission.

Between Jan. 1 and March 31, the Caldwell campaign had total contributions of $14,450.00 and operating expenditures of $15,452.24, finishing the period with cash on hand of $4,847.76 according to the Federal Election Commission filing.

Metro on 05/10/2018

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