Apr 18, 2008 - Powers cited for paying rent with campaign contributions

Jill Terreri - Staff Writer
Rochester Democrat and Chronicle
Apr 18, 2008

Jon Powers, a Democratic candidate for Congress, said Thursday that he would return funds he received from his campaign to cover his rent.

Powers charged $500 for "office rental reimbursement" on Oct. 4, Nov. 5, Dec. 11 and Jan. 3, according to his campaign finance reports filed with the Federal Election Commission.

Powers, an Iraq war veteran, is running for the congressional seat in the 26th District. Rep. Thomas Reynolds, R-Clarence, Erie County, is retiring.

The $500-a-month payments were a violation of campaign law, even if the candidate was using the residence as a base of campaign operations, as Powers was.

According to the congressional campaign guide published by the FEC, "The campaign may not pay for mortgage, rent or utilities for the personal residence of the candidate or the candidate's family even if part of the residence is being used by the campaign."

The payments were for the fair market value of the space the campaign was using, according to John Gerken, Powers' campaign manager.

"To ensure that he and the campaign are in full compliance with federal election laws, Jon has decided to immediately reimburse the campaign for this expense," Gerken said.

The campaign has since moved into office space and began paying rent for that space in February.

Nick Langworthy, executive director of the Erie County Republican Committee, said a complaint would be filed with the election commission.

"The housing issue is a clear, cut-and-dried violation," Langworthy said.

Republicans are also examining unitemized "reimbursements" made to Powers over the course of the campaign.

Republicans are struggling to find contenders in the district.

Monroe County Republican Chairman Steve Minarik said he would back businessman Christopher Lee from Clarence, while Erie County Executive Christopher Collins is backing Rick Lewis, another Clarence businessman. Retired Army Staff Sgt. David Bellavia, a Republican and an Iraq war veteran, announced earlier this week that he was filing with the FEC to form a campaign committee.

A decision on whether the Republican committees in all seven counties will agree on a candidate they can support is expected to be made within the next week, Langworthy said.

Powers is running in a primary Sept. 9 against industrialist Jack Davis and retired lawyer Alice Kryzan.

Since the start of his campaign in June, Powers has raised nearly $600,000 and has spent nearly $200,000, while Kryzan has raised more than $287,500 and has spent $80,760. Davis plans to spend $3 million of his own fortune on the race; he also ran in 2004 and 2006.

All three Democratic candidates live in Erie County.