Friday, October 24, 2008

Update: Kelly Uses Confession To Blast Hincks

Keith Clark Lee County North Carolina GOP
Form Confirms Facts Reported In Previous Post
Commissioner James C. Kelly filed a report today with the local board of elections admitting responsibility for purchasing and disseminating the now infamous red "No Tax-No Hincks" and "No Landfill-No Hincks". The information filed confirmed factual details reported in the e-Lee Dispatch. (click here to download the form) Despite Kelly's efforts to explain away his failure to file the report, the fact remains he did not file a report until detailed facts reported on this blog absolutely confirmed his involvement. State elections law dictates that any election expense totaling more than $100 requires accompanying paperwork to be filed 30 days after the purchase (or 10 days before the election, whichever comes first). According to Kelly's signed finance report, he made the purchase on Sept. 15, or 39 days ago. In simple terms, he did not obey the law. As reported in a previous post (click here), the e-Lee Dispatch fully expected an effort to cover up the Keller-Kelly involvement in the purchase of the signs. This is similar to the denial he made when confronted with an illegal corporate contribution to the Democrat party. (click to see post) One could argue how Kelly expects to manage county matters as chairman of the commission when he cannot apply with existing laws that apply to him. Reportedly, Kelly denies knowing Steve Thomas who filed a similar form yesterday after being convinced to do so by other parties. Thomas, however, expressed dismay at those claims saying he has known the Keller family including James Kelly and Oscar Keller for years. Thomas has reportedly retained Chip Post to represent him in the matter. The case has come to the personal attention of Kim Westbrook Strach, Deputy Director-Campaign Reporting. Although a complaint will need to be filed for a formal investigation, because of the unusual circumstances, she has contacted the Lee County Board of Elections to request copies of the two forms. Strach indicated that knowingly signing a false election report was a serious matter but expressed considerable interest in identifying those who had conspired to file the false report and the reasons for it. The State Board of Elections will refer its findings to the Wake County District Attorney for determination of legal actions to be taken. According to Ms. Strach, cooperating in good faith with an investigation was a factor considered in the determination of legal actions to be taken. In a post in the Sanford Herald, Kelly justified his actions because of his concern over the possibility that Herb Hincks might become chairman of the county commission. One matter Kelly mentioned was problems in the tax department. The facts, however, are that the tax administrator's position remained vacant longer under the current commission controlled by Robert Reives (337 days) than the one chaired by a Republican (130 days). With a vacancy of that length, some turmoil is to be expected. Why didn't the current Democrat commission fill the position much earlier to deal with the turmoil? Other charges are made for which no documentation has ever been provided. Of course, what was going on here was an effort to justify what had been planned as an anonymous attack on Hincks and a failure on Kelly's part to comply with election law. Until further investigation, Kelly's role in the cover up, if any, will not be known but such charges help to distract from Kelly's actions. It appears that Kelly believes that "the means always justifies the ends" especially if it serves his.

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