“This letter serves as notice of the complaints, a recommendation to cease any campaign activities in the name of your office, and an offer to act as legal counsel to the [election commission] to remove any further appearance of impartiality in the upcoming election,” Pai told Buckingham in his Sept. 3, letter.
The public auditor told Buckingham that OPA is undertaking an investigation into the complaints.
“Please provide your response, if any, no later than Sept. 10, 2010,” Pai told Buckingham.
According to Pai, “Without addressing the substance of the complaints, the media exposure of the [‘meet and greet’ gathering] alone has created an appearance of impropriety and called the [Attorney General’s Office] ability to provide impartial and objective legal advice and oversight in question.”
“With free and fair elections an essential component of a democratic society, public confidence is paramount,” Pai added.
“In an effort to restore public confidence in the election process,” Pai told Buckingham that “OPA is willing, if delegated by [the AGO], to provide legal counsel to [the election commission] during the upcoming election and will provide election monitoring at polling places as our staff numbers will allow.”
Pai said while OPA is aware that the AGO invited the U.S. Department of Justice to observe the election, “there has been no delegation of the authority to render legal advice or represent [the election commission] in an election dispute. Without such delegation, the appearance of impartiality by the [AGO] will not be removed.”
Pai told Buckingham that “each complaint alleges that a party hosted by you and the [AGO] on behalf of Joseph N. Camacho, a candidate for delegate to the United States House of Representatives, violated both the Election and Ethics Acts.”
Buckingham, who said he did not violate any law, has recused himself from any involvement in the November election.
Gov. Benigno R. Fitial has appointed Assistant Attorney General Meaghan Hassel-Shearer to oversee the election as recommended by Buckingham.
