Westchester Dems Double Down on Dark Money Transfer into New Rochelle Mayoral Race

NEW ROCHELLE, NY (June 6, 2023) — Top Democrats in Westchester County are chasing their own tail, getting themselves in a tizzy, trying to explain away an unexplained $60,000 direct transfer between the Westchester County Democratic Committee and Friends of Yadira, the Campaign Committee for New Rochelle Mayoral Candidate Yadira Ramos-Herbert.

In a confidential email circulated within the upper echelons of the Westchester County Democratic Party, seen by Talk of the Sound, Westchester County Democratic Committee Chair Suzanne Berger falsely claimed her Committee is not required to file financial disclosure reports until July — as reported by Robert Cox on his Words in Edgewise substack newsletter.

Berger either does not understand basic campaign finance law or is deliberately lying to members of her own party. Regardless, the New York State Board of Elections Handbook could not be more clear: while an individual can give a committee up to a certain large amount — an amount based on a complex formula but well over $100,000 — and a committee can transfer an unlimited amount to a candidate; both the candidate and the Committee must report it on the same schedule.

According to the NYS BOE Campaign Finance Handbook there are campaign financial disclosure reports filed in connection with each election (primary, general and special) as follows: 32-day pre-election; 11-day pre-election; periodic in July and January.

The New York State Campaign Financial Disclosure Calendar for the 2023 Primary Elections has 3 Reporting Periods:

32 Day Pre-Primary (Cut off 5/22, due 5/26)
11 Day Pre-Primary (Cut off 6/12, due 6/16)
July 2023 Periodic (Cut off 7/13, due 7/17)

The NYS BOE Campaign Finance Handbook notes “All other political committees including PACs, Party and Constituted Committees, Independent Expenditure Committees and Ballot Proposition Committees, that support or oppose candidates or ballot proposal in any election must file the applicable campaign financial disclosure reports.

The New York State Board of Elections confirmed our understanding of the campaign finance laws which state that if a Committee is spending money on candidates that have a primary or general election in that election cycle they are required to follow the filing calendar that includes submitting filings for those elections.

There is no question whether the Westchester County Democratic Committee was required to file a campaign financial disclosure report on May 26, 2023. They were and still are; the WCDC has been in violation of the New York State Campaign Finance Laws for the past 11 days and remains so.

In her email, Westchester County Democratic Committee Chair Suzanne Berger wrote:

Party Committees often receive donations from individuals or entities to use to further that mission, i.e. to support various endorsed candidates. Those donations are fully disclosed when the Party makes its bi-annual filings (in January and July). “Dark money” by the way refers to money funded to “super pacs” that is never disclosed.

Suzanne Berger says, “‘Dark money’ refers to money funded to ‘super pacs’ that is never disclosed. That is not remotely accurate. Here are a few definitions of dark money.

Wikipedia: In the politics of the United States, dark money refers to spending to influence elections where the source of the money is not disclosed to voters.

Investopedia: Dark money refers to contributions to political groups that are received from donors whose identities are not disclosed and that are used to influence elections.

Merriam-Webster: money… that is used to fund political campaigns without disclosure of the donors’ identities.

None of these definitions even mention PACs.

Dark Money simply means the source of campaign money is not disclosed to voters.

As the primary election ends on June 27 and the WCDC says it will not file until July, voters in the primary will not know who funded Yadira Ramos-Herbert’s campaign — which is why the $60,000 is dark money.

UPDATE 6/6/23: Statement from Suzanne Berger