CARMEL – State Supreme Court Judge Victor Grossman ruled Friday that Putnam County Executive Kevin Byrne’s campaign violated New York campaign finance law, ordering it to refund $21,526.11 in contributions illegally accepted above the legal limit. Byrne, a Republican, is seeking reelection next month against challengers Democrat Brett Yarris and Conservative Tatiana Brahimi.
An Enforcement Attorney with the State Board of Elections Division of Election Law Enforcement appeared in court and said the agency had independently verified the identity and quantity of all the plaintiffs’ specified over-limit contributions. The attorney also confirmed that the state’s investigation was ongoing.
Judge Grossman denied Byrne’s attorney’s requests and barred the campaign from accepting or soliciting contributions that exceed the legal limit. He also ordered that any refunds contributors’ decline be turned over to the State Comptroller within 20 days.
The campaign finance enforcement lawsuit was filed by five Putnam voters, one from each party, Republican, Conservative, Democrat and Libertarian, asking a judge to rule that Byrne’s campaign accepted contributions above the legal limit because he did not have contested Republican or Conservative primaries.
The five claimed the campaign received more than $19,000 above the applicable limits from 10 contributors and called on the court to stop further excessive contributions and solicitation before Election Day.
Individual contributions ranged from $4,850 to $7,800.
The petitioners argued that state Election Law limited each contributor to $3,639.80 for Byrne’s general-election campaign. Because Byrne faced no Republican or Conservative primary, they said his campaign was not entitled to accept additional contributions under a separate primary-election limit.
Yarris reacted to the judge’s decision: “Today the judge found that Kevin Byrne violated the law and attempted to wield undue influence over our local elections. I first called this out in July, and at that time, Mr. Byrne chose to mislead the people of Putnam County. But there is no escaping accountability before the law.”
Byrne’s Campaign Manager Alex Mathis responded to the decision, telling MidHudsonNews: “This is a politically motivated attack and misuse of the courts by Brett Yarris and his allies targeting County Executive Byrne, his supporters, labor organizations and respected community philanthropists.”
Mathis said the campaign “received updated guidance from the State Board of Elections and complied with it. It proactively returned certain contributions, as reflected in its most recent filing, rendering the practical issues raised in the lawsuit moot. There was no need to manufacture a courtroom spectacle.”
Mathis went on by saying, “Even with this money returned, the campaign remains a well-funded operation with well over $120,000 on hand.”
Mathis also criticized what he called the “bitter activists and failed politicians coordinating with the Yarris campaign who should be ashamed of using the legal system to advance their personal political agendas. They cannot compete with Kevin’s record, broad coalition of support or vision for Putnam County, so they have resorted to attacking the people and organizations that support him. “
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