On special election eve, Wheeler campaign violates Kentucky Constitution

Wheeler campaign sends illegal mailers to patients of family medical practice, violating campaign finance law and the medical code of conduct

With less than 11 hours until polls open, Eastern Kentucky voters wait for apology or clarification from Wheeler

PIKEVILLE, KY — On the eve of the Kentucky Senate District 31 Special Election, Republican Phillip Wheeler appears to have committed a serious breach of campaign finance law, if not also of medical code of conduct. With less than 11 hours until polls open Wheeler, a lawyer himself, has limited time to explain the blunder.

This afternoon, several patients of Mountain Eye Care reported receiving political mailers, paid for by Phillip Wheeler for State Senate. The mailers utilized patient names and mailing addresses, along with the letterhead and branding of Mountain Eye Care. Such use of corporate assets, to advance a political campaign, is clearly barred in Section 150 of the Kentucky Constitution ("Corporation not to use money or other thing of value to influence election" - full text copied at bottom.).

Moreover, the letters appear to have been generated using patient information, addressing the recipient as a patient ("many of my patients, like you") in the first paragraph. Such use of patient information is frowned upon within the medical profession, and in certain cases is illegal.

Democrat Darrell Pugh expressed disappointment but not surprise at the blatant violation of Kentucky law by his opponent. "I was surprised to learn that my opponent has been illegally using corporate assets to help his political campaign, violating Section 150 of the Kentucky Constitution. As a lawyer, I would think he could follow the law." Pugh continued: "I am calling on him to immediately issue an apology to the voters of Eastern Kentucky. If Phillip Wheeler can’t be trusted to follow the law and not cheat in an election, how can we expect him to represent us in Frankfort?"

Darrell Pugh is the Democratic nominee to succeed Ray Jones in representing Kentucky State Senate District 31 in Frankfort. He is running against Republican Phillip Wheeler. The special election will be held on Tuesday, March 5.

For reference:

Section 150 of the Kentucky Constitution: Disqualification from office for using money or property to secure or influence election -- Corporation not to use money or other thing of value to influence election -- Exclusion from office for conviction of felony or high misdemeanor -- Laws to regulate elections.

Every person shall be disqualified from holding any office of trust or profit for the term for which he shall have been elected who shall be convicted of having given, or consented to the giving, offer or promise of any money or other thing of value, to procure his election, or to influence the vote of any voter at such election; and if any corporation shall, directly or indirectly, offer, promise or give, or shall authorize, directly or indirectly, any person to offer, promise or give any money or any thing of value to influence the result of any election in this State, or the vote of any voter authorized to vote therein, or who shall afterward reimburse or compensate, in any manner whatever, any person who shall have offered, promised or given any money or other thing of value to influence the result of any election or the vote of any such voter, such corporation, if organized under the laws of this Commonwealth, shall, on conviction thereof, forfeit its charter and all rights, privileges and immunities thereunder; and if chartered by another State and doing business in this State, whether by license, or upon mere sufferance, such corporation, upon conviction of either of the offenses aforesaid, shall forfeit all right to carry on any business in this State; and it shall be the duty of the General Assembly to provide for the enforcement of the provisions of this section. All persons shall be excluded from office who have been, or shall hereafter be, convicted of a felony, or of such high misdemeanor as may be prescribed by law, but such disability may be removed by pardon of the Governor. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult or other improper practices.