Editorial

Hergert case deserves law's full attention

Monday, November 15, 2004

Rightfully so, the Nebraska Accountability and Disclosure Commission is focusing full attention on regent-elect Dave Hergert's failure to report that he contracted for thousands of dollars in radio and television ads on Oct. 18.

If Hergert, a Mitchell businessman, had done so within five days -- as required by law -- "it would have triggered the release of $15,000 to his opponent, Don Blank, under the state's campaign finance law," reported Matthew Hansen of the Lincoln Journal-Star in Friday's edition. Hansen is among a number of Nebraska journalists and public officials calling upon Hergert to answer to his failure to report campaign spending in a timely manner.

Hergert's report, which he claimed he sent on Oct. 29, has not been received by the accountability commission even though the election took place 13 days ago.

This led the Omaha World-Herald to comment in Saturday's lead editorial, " ... what exactly about a level playing field did Hergert want to avoid? The result was unfair to the voters, who didn't get the reply the law entitled Blank to receive financing to help make."

The World-Herald goes on to say, "If the letter Hergert said he sent had arrived, or if it had seen sent earlier in accordance with the campaign finance law, $15,000 in public money would have been made available to Blank. That would have provided equal footing."

Further, the World-Herald declared, "It seems that a document of such importance should have been sent by certified mail, which could have helped with questions now being raised."

These are legitimate questions which need to be answered. Blank, a McCook dentist, served the University Board of Regents with distinction for 18 years. For him to be unseated by questionable and quite possibly illegal tactics is a low point for Nebraska elections. Frank Daley, director of the accountability commission, told Hansen of the Lincoln Journal-Star, that, "I don't believe the commission has ever issued any orders finding an intentional false filing."

The Hergert case could be the first. Nebraska Common Cause has already filed one complaint and could file more. For sure, the Nebraska Accountability and Disclosure Commission needs to launch a full investigation with the aim of determining whether Hergert intentionally hampered the campaign finance law.

If Hergert did, he will face misdemeanor or Class IV felony charges. It's a serious situation and should be pursued to the full extent of the law.

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