Photo: The Orange County Government Center in Goshen.
TOWN OF NEWBURGH – The ties among Orange County Legislator Stephen Hunter, political services firm Kwill.io LLC and Every Ballot Inc., the nonprofit behind Newburgh Votes, raise questions about potential campaign-finance and tax-law violations, according to a former FBI agent.
David Shapiro, MPA, director of the Inspection and Oversight Program at John Jay College of Criminal Justice in New York City, said the relationships “warrant scrutiny” if evidence shows the entities coordinated their activities to advance a common political purpose. Shapiro added that Hunter’s conduct could amount to an effort to “launder unlawful political campaigning” through an alleged independent nonprofit and its vendors.
Several legal experts said that Every Ballot Inc.’s status as a 501(c)(3) could be subject to review by the Internal Revenue Service (IRS) and/or other federal agencies.
Shapiro, a former Essex County, N.J., prosecutor, said if an investigation were to occur, authorities would examine the entities’ actual operations, coordination, and intended beneficiaries. The questions arise as Town of Newburgh Democratic supervisor candidate Stephen Krasner has acknowledged receiving free campaign services from Kwill owner Joshua Huckabee.
Krasner said Huckabee built his campaign website without charge, paid its hosting costs, and helped design a campaign mailer. Krasner said his campaign treasurer is reviewing how the services should be disclosed.
Shapiro, a frequent contributor to Mid-Hudson News, said donated services can qualify as in-kind campaign contributions subject to reporting requirements, depending on the circumstances. He said late disclosure could still leave a campaign exposed to potential violations.
He said the IRS also could revoke Every Ballot’s tax-exempt status if evidence establishes that the organization violated rules prohibiting 501(c)(3) charities from participating or intervening in political campaigns on behalf of or in opposition to candidates. Federal law prohibits 501(c)(3) organizations from participating in political campaigns in support of or in opposition to any candidate for public office.
Hunter and Huckabee co-own a Town of Newburgh residence that is listed as the address for Kwill and Every Ballot. Every Ballot is a 501(c)(3) nonprofit that operates Newburgh Votes.
Kwill initially listed Hunter as a co-founder on its website. The website was later changed to identify Huckabee as the owner. Hunter has denied having an ownership interest or formal role in Kwill, Every Ballot or Newburgh Votes, and has said he is not involved in their operations.
Newburgh Votes signs have appeared inside Town of Newburgh Democratic Party headquarters, and its voter-information palm cards have reportedly been distributed alongside Democratic candidates’ materials during canvassing. Republican candidates have said they were not contacted by the organization or provided its materials.
Shapiro said Hunter and Huckabee could have reporting obligations under state campaign-finance or federal tax rules, depending on their roles and the activities involved. Every Ballot’s annual IRS Form 990 generally requires disclosure of financial information, including revenue and expenditures.
Hunter has denied a formal role in the organizations.
Stephen R. Rolandi, an adjunct professor in Pace University’s Public Administration Department, said that he would have sought an advisory opinion from New York State prior to initiating any voter activities such as the ones described in Mid-Hudson News’ reports.
“It remains to be seen if any complaints will be filed, perhaps after the county elections are concluded then again, maybe not,” added Rolandi.
