Tuesday, November 24, 2009
Ware fined $500 over Web site violation
The Roanoke delegate said he was never told about a missing "paid for by" disclaimer.
The Roanoke Times
File June Del. Onzlee Ware told the board of elections that a newspaper reporter told him about the violation.
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RICHMOND -- The state board of elections fined Roanoke Del. Onzlee Ware $500 Monday for failing to attach a disclaimer to his campaign Web site, a violation Ware said he knew nothing about until last week.
Ware, a Democrat, acknowledged that he failed to attach the legally required disclaimer to his Web page (delegateonzleeware.com) before last week, when he learned that he faced a potential fine. The violation stems from an August allegation made by Mark Powell, the campaign manager for Ware's June Democratic primary opponent, Martin Jeffrey.
Powell also has filed complaints about Ware's campaign expenditures, but none resulted in any penalties from the elections board.
Ware, who was elected to a fourth term earlier this month, insisted the board never notified him of the Web site violation. David Allen, the board's campaign finance manager, said a letter was sent to Ware on Aug. 21, the same day the staff received an e-mail from Powell complaining about the Web site. Ware told the board he never received the letter and would have fixed the problem immediately.
"Why wouldn't I take 90 seconds to put that tag on it?" said Ware, whose site now carries the disclaimer "Paid for and authorized by Onzlee Ware for Delegate."
Virginia law effectively treats campaign Web sites the same as print media advertisements, requiring them to include a disclosure statement indicating that they were paid for by a candidate or campaign committee. Ware faced a maximum penalty of $1,000 for failing to have such a disclosure on his site.
Ware told the board he learned of the violation and possible penalties just last week when he was asked about the matter by a Roanoke Times reporter. He postponed a planned vacation trip to appear before the board Monday at the state Capitol, where he argued that a $1,000 fine would be excessive.
"The only reason I came [is] had I had notice on August 21st, it would have been changed," Ware said.
Board Chairwoman Jean Cunningham voiced little sympathy for Ware.
"Delegate Ware, when you step up to the plate and decide you're going to be a delegate, don't you think you're held to the responsibility of doing the things you're supposed to do?" Cunningham said.
"You have to dot your I's and cross your T's twice, because you're a politician," Cunningham said. "You don't want it to appear in the paper that you didn't do something you were supposed to do."
The board voted 2-to-1 to impose the $500 fine. Cunningham and Nancy Rodrigues, the board's secretary and also a member, voted for the fine. Harold Pyon, the only Republican member of the board, voted against it. It was not clear if Pyon wanted a higher fine or none it all.
Ware said he would pay the penalty and take responsibility for the violation, admitting that he failed to take note of the fact that his Web site had no disclaimer. But Ware also argued that the board should improve its process for notifying candidates about such allegations.
"I never received an August 21st letter," he said. "I never received a letter telling me to come here."
