COLUMBIA - A nonprofit political group pushing for private school vouchers could be forced to detail its financial backers after a State Ethics Commission ruling Wednesday.

The advisory opinion issued by the commission's board states that any group trying to influence elections by supporting, attacking or opposing candidates within 45 days an election must disclose its financial activities.

Last week, South Carolinians for Responsible Government failed to report its contributions and expenditures after buying a series of radio ads that attacked an incumbent Republican lawmaker.

The group has refused to file disclosure forms required by the state's campaign finance laws because they say that the ads were not intended to influence the June primary elections.

The group had a different take the ruling, and said it will keep trying to

"inform voters" on the issues.

Rep. Bill Cotty, R-Columbia, requested a formal ethics commission opinion after he was targeted by the radio ads. He faces Sheri Few, a strong school choice supporter, in the upcoming GOP primary.

The radio spots asked listeners to call Cotty's office and urge him to support a plan to give parents $1,000 tax credits to send their children to private school.

By wading into the contentious issue, the ethics commission is putting itself in the center of a dispute that could have major ramifications on the parameters of political activity in South Carolina.

The decision lays the groundwork for a formal investigation, and possible civil and criminal charges if the group doesn't comply, said Cotty's lawyer Charlie Condon, a former state attorney general.

"It makes it crystal clear ... that being an IRS nonprofit doesn't obviate the need to comply with state law," Condon said.

The next step is filing a formal complaint that would trigger an investigation, but Condon said he is considering a lawsuit against the group. An ethics law violation is a criminal charge that carries maximum penalties of one year in prison or a $5,000 fine, he said.

"There are a range of options and we certainly intend to explore all of them," he said.

The nonprofit group interpreted the decision differently.

"We really don't have a reaction because from what we understand, they really just reiterated what the law is," said spokesman Denver Merrill. "We agree about the law. We haven't done anything that would be defined as influencing the outcome of the election."

Even though the commission took testimony from attorneys on both sides of the dispute, Merrill noted that the opinion doesn't specifically mention his group.

"We expected them to be more specific," he said. "It was a general ruling ... with no legal, binding authority on us."

Gov. Mark Sanford has proposed a school choice voucher system for the state. So far, the Legislature has rebuffed the attempts.

Merrill said the group is going to keep doing what it has always done, which means more ads and mailings could be on the way.

"We're in the process of deciding what issues we want to inform voters about," he said.

 

The Senate bill

Highlights of immigration and border security bill that is now before the Senate:

Authorizes 370 miles of new triple-layered fencing plus 500 miles of vehicle barriers along the U.S.-Mexico border.

Allows illegal immigrants who have been in the country five years or more to remain, continue working and eventually become legal permanent residents and citizens after paying fines, back taxes and learning English.

Requires illegal immigrants in the U.S. between two and five years to go to a point of entry at the border and apply to return. Requires those in the country less than two years to leave.

Illegal immigrants convicted of a felony or three misdemeanors would be deported no matter how long they have been in the U.S.

Creates a guest worker program for an estimated 1.5 million farm workers, who could also earn legal permanent residency. Provides 200,000 new temporary 'guest worker' visas a year.

Requires employers and subcontractors to use an electronic system within 18 months to verify new hires are legal. Increases maximum fines to employers for hiring illegal workers to $20,000 for each worker and imposes jail time for repeat offenders.

Delays by 17 months a requirement now in law that Americans re-entering the U.S. after cruises or short visits to Canada and Mexico show a passport or high-tech identification card.

 

Reach John Frank at jbfrank@postandcourier.com or (803) 799-9051.

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