Sen. Robert Hurt, R-Chatham, has not ruled out the possibility that he would raise campaign contributions during the upcoming General Assembly session - prompting accusations that he is circumventing the intent of state ethics laws.
Hurt is one of seven Republicans running in a June 8 primary election to pick a nominee to challenge U.S. Rep. Tom Perriello, D-Ivy.
Virginia law bans legislators from accepting contributions for state campaigns during the legislative session. The law, enacted in 1997, is intended to stop lobbyists and special interests from improperly influencing lawmakers as they are considering specific legislation.
The law, however, would not apply to Hurt, as he is seeking federal office.
(The ban on fundraising during the session) applies only to state offices," said David Allen, manager of the Virginia State Board of Elections' campaign finance office.
Chris LaCivita, strategist for Hurt, said Hurt has not yet made up his mind about fundraising during the session.
Hurt's campaign believes he can fundraise legally during the session but is double-checking first with legal counsel, LaCivita said. "We are being intentionally deliberative about this process," he said.
LaCivita added that if Hurt chooses to fundraise during the session, it would not be out of the ordinary. Del. Bob Marshall, R-Manassas, he pointed out, accepted campaign contributions during the 2008 General Assembly session while running for the U.S. Senate.
Campaign finance reports filed with the Federal Election Commission show that Marshall accepted 29 contributions during that session totaling nearly $25,000.
Campaign staffers working for Laurence Verga, another candidate in the 5th District GOP primary, argue that federal fundraising by a sitting member of the General Assembly during the session might be legal but is certainly not ethical.
"Does anyone think that a lobbyist in Richmond wouldn't give Hurt a donation to his federal campaign in an attempt to influence him?" said Matt Mackowiak, a Verga consultant. "It might be legal under the letter of the law, but not the spirit of the law."
Larry J. Sabato, director of the Center for Politics at the University of Virginia, said Hurt may have little choice but to raise money in a competitive and expensive seven-way GOP primary that is only five months away.
"It's a calculated risk for Hurt," Sabato said. "He'll get criticism for violating the spirit of the rule if he raises the money. But it takes millions to run a primary and general election campaign for the U.S. House these days, and Hurt may not be able to forgo a couple months for fundraising."
Hurt is one of two elected officials running in the GOP primary. The other candidate, Albemarle County Supervisor Kenneth C. Boyd, is also not restricted from fundraising.
Also in the race are Campbell County resident Ron Ferrin; Jim McKelvey, a Franklin County real estate developer; Michael McPadden, a North Garden resident and commercial airline pilot; and Feda Kidd Morton, a Fluvanna County biology teacher and GOP activist.
The winner of the June 8 GOP primary will face Perriello, a freshman Democrat who narrowly unseated six-term incumbent Virgil H. Goode Jr. in 2008.
McNeill is a staff writer for The Daily Progress in Charlottesville.
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