Judge Finds Byrne in Violation of Campaign Finance Law

By Holly Crocco

Putnam County Supreme Court Judge Victor Grossman last week found that County Executive Kevin Byrne’s campaign violated New York campaign finance law, and ordered it to refund $21,526.11 in contributions that were accepted in excess of the legal limit.

State law prohibits campaigns for the office of county executive from receiving contributions that exceed 5 cents multiplied by the total number of active, registered voters in the county, from any one contributor. This means the most a single person or entity can contribute to a campaign for this office is $3,639.

Five residents last month filed a lawsuit alleging that Byrne accepted contributions above the maximum permitted.

Grossman issued an injunction prohibiting the Byrne campaign from accepting any further over-limit contributions and from soliciting contributions that would exceed the campaign contribution limit. The court further ordered that any refunded monies not accepted by contributors must be turned over to the State Comptroller’s Office within 20 days.

“Today the judge found that Kevin Byrne violated the law, and attempted to wield undue influence over our local elections,” said Democrat Brett Yarris, who is challenging the Republican incumbent in the November election. “I first called this out in July, and at that time, Kevin Byrne chose, seemingly, to mislead the people of Putnam County. But there is no escaping accountability before the law.” 

Byrne’s Campaign Manager Alex Mathis called the lawsuit “a politically motivated attack and misuse of the courts by Brett Yarris and his allies targeting County Executive Kevin Byrne, his supporters, labor organizations, and respected community philanthropists.”

He said the campaign was provided updated guidance by the NYS Board of Elections and complied with it. Certain contributions were returned proactively and the most recent filing reflects that, making the practical issues raised in this lawsuit moot, according to Mathis.

“The campaign is contracted with a compliance firm tasked with interpreting and applying the guidance available,” he said. “It has also reassessed the responsibilities of the firm and its personnel to make appropriate changes to strengthen oversight.”

Even with this money returned, the Byrne campaign has more than $120,000 on hand, continued Mathis.

In July, the Yarris campaign reported more than $92,700 raised in the most recent filing period.

“The bitter activists and failed politicians coordinating with the Yarris campaign should be ashamed of using the legal system to advance their personal political agendas,” said Mathis. “They cannot compete with Kevin Byrne’s record, broad coalition of support, or vision for Putnam County, so they have resorted to attacking the people and organizations that support him. In the end, Byrne’s biggest problem is that he has so much support that his campaign actually has to turn money away.”

Yarris doesn’t see it that way.

“It’s time for leadership that obeys the law,” he said. “It’s time for leadership that puts Putnam County residents first.”

Those who contributed over the limit include the Taxpayer Action Network, Roemer Wallens Gold & Mineaux, Paul Guillaro, NYS Laborers Political Action, Minuta Architecture PLLC, Laborers Local 60 Pac Fund, Ken Kearney, Teamster Local Union No. 456, George Whipple, and Elq Industries.

Disclosure: The Putnam County Press/Times is published under The Putnam County Press & Times LLC, which is a subsidiary of the Whipple Foundation for the Preservation of Putnam County, Inc., a nonprofit 501(c)(3) organization.