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Late campaign finance report traced to state computer glitch

election timeN.C. Sen. Jim Davis, R-Franklin, is inadvertently 43 days late on his latest campaign finance reports due to a computer glitch in the state campaign finance database.

The N.C. Board of Elections is supposed to mail notices to candidates alerting them to upcoming campaign finance reporting deadlines, according to state statute. But Davis was left off the mailing list and never received the notice that went out in late February, and thus wasn’t aware of the March 7 reporting deadline. Election board staff in Raleigh cited an apparent coding error on their end.

This is Davis’ fourth campaign for state Senate, and his campaign treasurer has always relied on the notices to alert him when reports are due.

“I get mailings in advance of when every report is due. They come to both me and Jim. That is the most important piece of correspondence I get. But neither of us got any mailing,” said Don Swanson, Davis’ campaign treasurer.

Swanson was apologetic upon learning of the snafu from a reporter on Monday. However, the call from a reporter was the first he’d heard that a deadline for campaign finance reports had come and gone 43 days ago.

The same glitch that left Davis off the mailing list also meant Davis had not been flagged in the system as being late. In fact, Davis technically isn’t late. 

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State statute requires the election office to notify candidates at least five days in advance of a reporting deadline, but in the absence of that notice, he can’t be considered late, explained Amy Strange, deputy director of campaign finance for the state election board.

“It’s the same concept as you can’t get a speeding ticket unless there’s a posted speed limit sign,” Strange said.

Davis’ opponent, Jane Hipps, was actually the one who noticed Davis’ campaign finance report hadn’t been filed yet, bringing it to the attention of the state election office and the media.

“The people of the 50th District have a right to know who is contributing to the campaigns of their representatives. Especially with a legislative session coming up, we need to know who might be influencing Senator Davis’ votes on key issues,” Hipps, D-Waynesville, said in a press release Monday.

Adding to the confusion, first quarter campaign finance reports were due much earlier than normal this year.

“Normally they are due the following month after the quarter is over,” Swanson said.

Which would be right about now. But this year, first quarter reports were due March 7, due to the earlier-than-normal primary.

Since Davis did not have a primary opponent, his campaign had not really ramped up for the election season yet, however, so Swanson said the accelerated schedule wasn’t on his radar.

“Well, I’ll be darned,” Swanson said upon checking the state election board’s website while on the phone with a reporter. Although the campaign finance reporting schedule is posted online, Swanson said he hadn’t thought to check it, relying instead on the mailed notices.

Davis said he personally has little involvement with his campaign’s finances.

“My treasurer handles all of that. I don’t have anything to do with that side of it. I just send him the checks. He is a retired CPA and keeps everything in tip top shape,” Davis said.

When Davis got a call from a reporter Monday asking why his first quarter campaign finance report was so late, he said it would be unlike Swanson to miss the deadline.

“I will get in touch with my treasurer. He is normally pretty good about that,” Davis said.

Candidates are typically fined up to $50 a day if they fail to file campaign finance reports on time. Davis will not be fined, however, due to the database error, but will be getting a notice soon giving him his own personal deadline for the first quarter reporting.

Swanson said Davis took the mishap in stride.

“He is a very understanding guy,” Swanson said.

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