Nevada lawmaker violated campaign contributions rules

CARSON CITY -- The secretary of state's office decided Friday that Assemblywoman Kathy McClain, D-Las Vegas, violated election laws by using campaign contributions last year to make a $7,276 payment to her personal retirement account.

But Deputy Secretary of State Matt Griffin said McClain did not "willfully" violate state law since she reported the expenditure on her campaign contributions and expenditures report.

He added she spoke with her lawyer before using campaign funds to cover her Public Employee Retirement System contribution, but did not contact the secretary of state's office, which oversees election campaign matters.

Under the decision, McClain must request the Public Employees Retirement System return the campaign funds she gave them and then give that money to Safe Nest, a Las Vegas organization that helps victims of domestic violence.

"I am glad it is over so I can go forward with the campaign without this looming over my head," McClain said. "I wasn't trying to hide anything."

Secretary of State Ross Miller said they engaged in a fair negotiation with McClain's lawyer before deciding on the resolution. "We concluded that was a personal expense and she agreed to our decision," he said.

Miller added the allegations against McÇlain were for civil violations and, if they had gone to court, they could have collected a maximum $5,000 in fines for each violation.

But Assemblyman Mark Manendo, a fellow Democrat and her opponent in the coming Senate District 7 primary, was hardly forgiving.

"Ignorance is not a defense.," he said. "Just because Kathy McClain didn't 'mean' to break the law doesn't change the fact that she still broke the law".

Manendo noted that although McClain will make a charitable donation, the secretary of state "admits that Mrs. McClain used her campaign funds for personal gain and that the charges against her would likely hold up in court."

McClain violated laws by using campaign funds for her PERS expenses and to cover a $1,945 payment to Clark County Risk Management, which provides health insurance for county employees. Both violations were lumped together in the secretary of state's decision.

But Miller said the $4,250 in campaign funds that McClain also used to rent a home in Carson City for the legislative session was a legitimate and permitted expense related to her office.

The secretary of state did not consider three other allegations against McClain, dealing with her using campaign funds to cover PERS and health care expenses in 2005 and 2007 because of a two-year statue of limitations.

McClain is prevented by the term-limits constitutional amendment from serving another term in the Assembly. As the result, she and term-limited Manendo face each other in the June 8 Senate District 7 Democratic primary.

Under the campaign contribution law, funds not used on a campaign can be returned to contributors, given to the party or other candidates, donated to charities, used on subsequent campaigns or for payment of expenses related to the public office.