Board of Elections Moves Forward on Mattiello Campaign Contempt Proceedings

GoLocalProv News Team and Kate Nagle

Board of Elections Moves Forward on Mattiello Campaign Contempt Proceedings

Mattiello, on election night 2016
Rhode Island Speaker of the House Nicholas Mattiello and Republican challenger Steve Frias may be heading towards a rematch in House District 15 this November, following Frias’ narrow 86 vote defeat by mail ballots in 2016, but the Rhode Island Board of Elections voted Thursday night to continue to look into the issue of the payment — and coordination — of a mailer paid for and sent by one-time Republican candidate Shawna Lawton in support of Mattiello during the 2016 election.

VIDEO: Watch Board of Elections Hearing BELOW 

Lawyers for then-Mattiello operatives Jeff Britt and Matt Jerzyk — who most recently has served as legal counsel for House Majority Leader Joe Shekarchi — and alleged donor Teresa Graham appeared before the Board of Elections on Thursday evening, and while the Board of Elections dismissed Jerzyk’s role, lawyers for Britt and Graham were ordered to meet with Board of Elections counsel to achieve a resolution shortly. 

GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST

“The board is authorized to compel by subpoena production of goods and documents…and any person disobeying any subpoena should be considered as in contempt — and the board may punish any contempt, as could be punished by any court, which can be imposed by fine or imprisonment or both,” said Board of Elections Vice Chair Steve Erickson. 

After statements were delivered by the lawyers as to their non-compliance with the recent subpoena request, Erickson remained firm.

BoE Enforcement

“I don’t think we’re trying to impose some draconian penalty here — what we’re trying to do in my mind is establish the board’s credibility as an independent agency, that has the subpoena power, that has the investigative power — and we’re going to follow that, we’re going to do that — and if we issue an order we expect it to be followed,” said Erickson. 

“I'm not individually personal about any one of your clients, it’s about the authority of the board, and the fact that we continue to get campaign finance violation complaints [and] we may be doing more vigorous investigations in the future,” said Erickson, addressing the lawyers. “Last year we held somebody for the first time in contempt - and we eventually resolved that matter — but we [want people to know] when we issue and order, we’re serious about it.”

“If there’s a need for a future discussion about how to resolve this, I think we can do this,” said Erickson.

Erikson, however, immediately moved to dismiss Jerzyk. 

“Your client is in a slightly different position,” Erickson then said to lawyer Timothy Dodd — who responded. 

Matt Jerzyk
“I filed a motion to dismiss — I feel Mr. Jerzyk is differently situated — I’ve been quite candid his compliance was late, and quite candid it was late that he was of the understanding that there was a global resolution that was in the works,” said Dodd. “When a decision was made regarding Speaker Mattiello and the board still had an interest in getting compliance — I think within 24-28 hours we complied — our compliance was before any show-case order.”

READ: RI GOP Calls on Speaker to “Give Up Gavel” After BOE Orders Mattiello to Repay $72K to PACErickson concurred. 

“I agree with you — in the sense that — if you don’t mind I’m going to read some of it for the record because it seemed to me Mr. Jerzyk did in fact acknowledge the authority of the board and make contrition for it,” said Erickson. “He basically said, that he had never talked with or communicated with Shawna Lawton, or had knowledge of who donated money — and retrospect this is very important, that this be on the record — that we’re aware of what he said.”

“I was very impressed with — that he said they way this mailer happened was sloppy, and I take responsibility for my part in this and strive to take professional and ethical obligations from the lessons that I learned from this unfortunate event,” said Erickson. “I could not have put it better myself — it’s a good statement - although we may want to negotiation in the other cases, I think Mr. Jeryk’s case is ripe for dismissal.”

Erickson put forth a dismal proposal — which as then approved. 

The motion to dismiss Britt — and Graham’s — lack of response to the Board of Elections subpoenas, as denied however. 

“We’ve been sued so many times recently we can’t keep track,” quipped Erickson in an aside. 


Mattiello and Frias - June 2016

Enjoy this post? Share it with others.