House committee chairman supports federal audit of Shelley

ERICA WERNER

Associated Press

 

WASHINGTON - A House committee chairman who oversees a new voting law recommended a federal audit Monday of how California Secretary of State Kevin Shelley spent money under the law.

A state audit concluded last month that Shelley, a Democrat, mismanaged millions of federal dollars intended for voter education and voting machines. Some of the money went to pay contractors who wrote speeches for him and attended partisan events, the report said.

House Administration Committee Chairman Bob Ney, R-Ohio, said the U.S. Election Assistance Commission should conduct its own audit. The commission is handing out more than $3 billion to states for election reforms under the Help America Vote Act of 2002.

Depending on the Election Assistance Commission's findings, the Help America Vote Act might need to be amended to prevent further problems, Ney said.

"Because of their perspective on it, and since they're working as a commission that works with election process and the implementation of HAVA, I think it'd be good for them to take a look at it," Ney told reporters outside a commission meeting.

"Depending on what they come out with, recommendations, we may then act eventually to modify the law," he said.

"If this really wasn't done in the correct way, and used for political purposes or the direct political benefit of somebody, of either party, it's time to just stop it now."

Ney was one a lead author of the Help America Vote Act and his committee oversees its implementation.

Election Assistance Commission members have been considering whether to audit Shelley's use of the money - something the newly created commission has never undertaken. Members said Monday they've reviewed the state audit and will make a decision in mid-January.

"We cannot at all ignore what was put in writing," said Gracia Hillman, who took over Monday as commission chairwoman. "It does raise some questions."

The commission could try to get California to return some of the $180 million in federal funds it's received to date. The state is eligible for another $170 million, but state officials haven't completed the certification necessary to receive it.

Shelley's press office did not immediately return a call for comment.

State lawmakers have scheduled a Jan. 11 hearing on the state audit. Meanwhile Gov. Arnold Schwarzenegger's administration is looking into taking over control of the federal voting money from Shelley.

House Minority Leader Nancy Pelosi said Monday she opposed that move.

"I think the secretary of state has the role of, again, removing obstacles of participation in the electoral process. If you take the funds away from the mandate you're not going to be able to enforce the law," Pelosi, D-San Francisco, told reporters at the Election Assistance Commission meeting, where she helped swear in new officers.

Last month's report by State Auditor Elaine M. Howle, while scathing, did not accuse Shelley of profiting personally or of violating state or federal law. Pelosi said Shelley could be trusted to administer the money.

"I think that the report that came out indicated that that was the case," she said.