Kilpatrick )
The secretary of state will decide by July 6 whether Kwame Kilpatrick violated state law when he tapped his re-election fund to pay roughly $1 million in legal fees.
The process began last week when Wayne County Clerk Cathy Garrett asked the state for a "declaratory ruling" on whether Kilpatrick followed state law in paying his attorneys.
Should the state decide Kilpatrick shouldn't have used the money, Garrett could order him to return the money or fine him hundreds -- or perhaps -- thousands of dollars.
"This is something the secretary of state could decide very narrowly on," said Rich Robinson, executive director of the nonpartisan Michigan Campaign Finance Network.
He said the current law can be interpreted "broadly" as to what expenses related to holding or running for office can be paid for with campaign finance.
"This could clear that up," he said.
Peter Henning, a Wayne State University law professor and former federal prosecutor, said state lawmakers should consider regulating how campaign money can be spent.
"The law should have some teeth to it," he said.
The state will take public comment until April 24, post a response to Garrett's request by June 12 and collect more public comment for another five days.
The final decision would apply not only to Kilpatrick, but all local and state candidates, said Kelly Chesney, a spokeswoman for the state. She said the process isn't unusual.
Candidates for federal office, which is governed by different rules, are allowed to tap re-election funds for legal expenses.
Campaign finance reports filed this month -- nearly two months late -- show the mayor paid lawyers $980,000 from his re-election committee. It had a balance of $215,384 at the end of 2008, which prosecutors say they'll explore tapping for some $840,000 he still owes the city in restitution.
Kilpatrick pleaded guilty to felonies, went to jail and agreed to pay restitution as part of a deal to end the text-message scandal.
djosar@detnews.com">djosar@detnews.com (313) 222-2073
Join the Conversation
The Detroit News aims to provide a forum that fosters smart, civil discussions on the news and events that we cover. The News will not condone personal attacks, off topic posts or brutish language on our site. If you find a comment that you believe violates these standards, please click the "X" in the upper right corner of the post to report it.