State Supreme Court: Omaha councilman didn't break law

An Omaha city councilman did not break the law when filming part of a campaign advertisement in his office, the Nebraska Supreme Court has ruled.

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An Omaha city councilman did not break the law when filming part of a campaign advertisement in his office, the Nebraska Supreme Court has ruled.

Councilman Jim Vokal had spent at least $23,000 overturning the Nebraska Accountability and Disclosure Commission’s $100 fine for an alleged campaign violation. When Vokal, a Republican, sought re-election in 2005, about seven seconds of a 30-second television advertisement were recorded in his city office. The state Democratic Party executive director at the time, Barry Rubin, filed a complaint.

State election law bars public officials from using public property, workers, resources or money to campaign.

A Lancaster County District Court judge agreed with Vokal, saying that because the prohibited conduct didn’t result in measurable cost to the city subdivision or taxpayers, it wasn’t illegal. The commission appealed.

In its appeal, the commission had argued to the high court that there didn’t need to be a public cost for the law to be violated.

But the high court applied a narrower definition of the word “used.”

“We simply find nothing in the statute indicating that we should stretch the meaning of the word ’use’ to its broadest possible application — to a case where nothing was ’consumed’ and the actions did not create any impression of a conflict of interest,” Judge Michael McCormack wrote in the opinion for the court.

Vokal said on Friday that he was thrilled with the decision.

“The message here is when you know you’re in the right, it’s important to fight,” Vokal said. He said he would make a court filing to try to recoup his legal fees.

Frank Daley, executive director of the Accountability and Disclosure Commission, said the commission respectfully disagreed with the court ruling but that it will guide future administration and enforcement of the state’s campaign law.

Daley said the complaint against Vokal was the first such challenge of an official’s office use since the law was passed about eight years ago.

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