Rhode Island Speaker of the House Nicholas Mattiello and Republican challenger Steve Frias may be heading towards a rematch in House District 15 this November, following Frias’ narrow 86 vote defeat by mail ballots in 2016, but the Rhode Island Board of Elections voted Thursday night to continue to look into the issue of the payment — and coordination — of a mailer paid for and sent by one-time Republican candidate Shawna Lawton in support of Mattiello during the 2016 election.
VIDEO: Watch Board of Elections Hearing BELOW
Lawyers for then-Mattiello operatives Jeff Britt and Matt Jerzyk — who most recently has served as legal counsel for House Majority Leader Joe Shekarchi — and alleged donor Teresa Graham appeared before the Board of Elections on Thursday evening, and while the Board of Elections dismissed Jerzyk’s role, lawyers for Britt and Graham were ordered to meet with Board of Elections counsel to achieve a resolution shortly.
“The board is authorized to compel by subpoena production of goods and documents…and any person disobeying any subpoena should be considered as in contempt — and the board may punish any contempt, as could be punished by any court, which can be imposed by fine or imprisonment or both,” said Board of Elections Vice Chair Steve Erickson.
After statements were delivered by the lawyers as to their non-compliance with the recent subpoena request, Erickson remained firm.
BoE Enforcement
“I don’t think we’re trying to impose some draconian penalty here — what we’re trying to do in my mind is establish the board’s credibility as an independent agency, that has the subpoena power, that has the investigative power — and we’re going to follow that, we’re going to do that — and if we issue an order we expect it to be followed,” said Erickson.
“I'm not individually personal about any one of your clients, it’s about the authority of the board, and the fact that we continue to get campaign finance violation complaints [and] we may be doing more vigorous investigations in the future,” said Erickson, addressing the lawyers. “Last year we held somebody for the first time in contempt - and we eventually resolved that matter — but we [want people to know] when we issue and order, we’re serious about it.”
“If there’s a need for a future discussion about how to resolve this, I think we can do this,” said Erickson.
Erikson, however, immediately moved to dismiss Jerzyk.
“Your client is in a slightly different position,” Erickson then said to lawyer Timothy Dodd — who responded.
“I filed a motion to dismiss — I feel Mr. Jerzyk is differently situated — I’ve been quite candid his compliance was late, and quite candid it was late that he was of the understanding that there was a global resolution that was in the works,” said Dodd. “When a decision was made regarding Speaker Mattiello and the board still had an interest in getting compliance — I think within 24-28 hours we complied — our compliance was before any show-case order.”
“I agree with you — in the sense that — if you don’t mind I’m going to read some of it for the record because it seemed to me Mr. Jerzyk did in fact acknowledge the authority of the board and make contrition for it,” said Erickson. “He basically said, that he had never talked with or communicated with Shawna Lawton, or had knowledge of who donated money — and retrospect this is very important, that this be on the record — that we’re aware of what he said.”
“I was very impressed with — that he said they way this mailer happened was sloppy, and I take responsibility for my part in this and strive to take professional and ethical obligations from the lessons that I learned from this unfortunate event,” said Erickson. “I could not have put it better myself — it’s a good statement - although we may want to negotiation in the other cases, I think Mr. Jeryk’s case is ripe for dismissal.”
Erickson put forth a dismal proposal — which as then approved.
The motion to dismiss Britt — and Graham’s — lack of response to the Board of Elections subpoenas, as denied however.
“We’ve been sued so many times recently we can’t keep track,” quipped Erickson in an aside.
Related Slideshow: Mattiello and Frias - June 2016
When asked about presumptive Republican Presidential candidate Donald Trump — or what he thought of the Democrat sit-in on the U.S. House of Representatives floor this week to bring about a vote on gun control, Frias was mum.
“My focus is on the state house, and my focus is on this race,” said Frias on Thursday.
Frias is not the first Republican candidate in Rhode Island to side-step the Trump question; former Democratic State Rep turned Republican Congressional candidate Karen MacBeth — who ultimately dropped out of the race — refused to weigh in on the controversial Presidential candidate.
As for Frias’ incumbent Democratic opponent?
“What I’ll say about Trump is I'm glad he's a Republican,” said Mattiello.
Frias is Anti-Gambling, Has No Position on Tiverton Casino
With gaming being the third largest source of revenue in Rhode Island — and a ballot question this November to build a new casino Tiverton after repeated efforts failed in Newport, Frias said he is not a gambling proponent.
“I understand that we need to compete, but we need to get off our addiction of gambling,” said Frias.
When asked if he would support the Tiverton casino question this year on the ballo, Frias said that he believed it’s “up to the voters” to decide. “I’ll need more information before I make a decision,” said Frias.
Mattiello was staunch in his support of the measure when asked on Thursday. “It’s our third largest source of revenue, it reduces our tax burden from other sources and reduces the burden on taxpayers -- I've alway been supportive of their revenue to fund our central state needs and put the burden off the taxpayer,” said Mattiello.
“They've been a good operator, and I will tell you I fully support Twin River and the new casino," said Mattiello. "It will provide revenue and jobs -- if someone's not sure, sometimes you have to make a decision and be counted. It's hard to make decisions. Everyone knows where I stand. You can't make everyone happy, but that's the job. If someone doesn't support that revenue source, then what's their plan about where they're getting it from instead.”
Frias said that he “isn’t a fan” and “wouldn’t support” marijuana legalization.
When former Speaker of the House Gordon Fox was arrested and stepped down, and Mattiello took over, proponents of legalizing marijuana were concerned the new more conservative, pro-business Speaker would put the brakes on marijuana legalization. And so far, that has been the case.
With legalization on the horizon in Massachusetts, the prospect of marijuana legalization in Rhode Island will no doubt come up again in the near future.
The Republican candidate wants so repeal RhodeWorks legislation (and truck tolls) if elected — despite the fact that multiple RI GOP efforts to do so last session failed.
Speaker of the House Mattiello had publicly ousted Democrats from key committee positions who didn’t fall in line with leadership and voted against the measure.
“If there is a new Speaker, I think the current Speaker being defeated on a fiscally conservative government reform agenda, I think that's a signal that's what more people want, where its tolls, or a whole host business initiatives,” said Frias.
Frias is an associate at Keegan Werlin LLP, where he specializes in public utility, energy and regulatory, telecommunications, and administrative law
Before that, Frias served as Senior Legal Counsel to the Rhode Island Public Utilities Commission, and then as Executive Counsel at the PUC and Legal Counsel to the Rhode Island Energy Facility Siting Board for six years.
Currently, Frias’ wife works at the PUC.
“With my wife being [there], if there was anything involving the PUC, I’d probably recuse myself,” said Frias of how he’d address the issue.
Frias Wants Legislative Grant reform, Line-Item Veto
Frias said in his announcement that he supports reform of the legislative grant program — and putting the spending officially in the budget, as well as a line-item veto for the Governor.
Speaker Mattiello, who oversaw the abolition of the controversial community service grant program this session, spoke to both of the proposals.
“Legislative grants are small and there voluminous -- there would just be a long list and people would get blurry eyed,” said Mattiello. “You don't always know what the comm needs are -- you'd have to consider every Little League and high rise -- everyone who has a need would have to get in before the budget passes. To put them in the budget lacks the flexibility it needs -- its impractical. It’s a nice political soundbite, butI would suggest that he doesn't understand the enormity of that task.
Mattiello also weighed in on the line-time veto.
“I know in 2015 I said it a lot of issues that were ‘distractions’ at that time -- we had a change in leadership and we had an economy that needed jump staring desperately, which I think we succeeded at to some extent,” said Mattiello. “It’s clear from this past session we've moved to a reform agenda, which has been robust. The line-item veto is a government structure issue. My understanding is the states that have it don't have it to the extent that they want here. So we’re going to study it this fall, what should be considered, and we'll address it early next year.”
While Frias refused to talk about the gun-control sit-in that occurred on the U.S. House of Representatives floor this week, he said he is “staunchly pro-2nd Amendment.”
Speaker Mattiello has consistently received an “A” rating from the NRA.
What the difference between the two candidates on this issue is yet to be seen.
Frias Wants to Prohibit Fundraising During GA Session
Frias wants to ban fundraising by General Assembly members during session.
“It’s something I’ve seen that other states do,” said Frias.
Mattiello said that he did not think the idea would be practical.
“I’m not sure when you'd do fundraising then. We're in session most of the winter months, in the sumer people want to spend time with their family and that includes those who engage in the political process,” said Mattiello.
“And I don't think it would make a difference in fundraising. If you're a good candidate and good fundraiser you'll raise money, if not, then not — the legal structure won't change that," said Mattiello. "There could be a first amendment issue, in that it limits how people can express themselves the way they want.”
Frias ran twice unsuccessfully for office — State Senate — while he was a student.
In 1992, Frias lost in Providence in Senate District 2 to Democrat Myrth York. Frias got 1,183 votes; York, 4,101. (A third party candidate got 411).
In 1994, when York ran for Governor and lost against Almond, Frias lost in District 2 to Democrat John Roney. Frias got 1,251 votes; Roney got 2,786.
“Back in college and law school I was living in Providence, when I was 20 and 22, that was in the early 90s, I ran for the State Senate as a republican. You could say I was spending more time focusing on school back then.”
