Tennessee Attorney General’s Office to election finance office: We’re “not an investigative agency”

The Tennessee Registry of Election Finance meeting on Jan. 23, 2024. (Photo: John Partipilo)

Despite a major funding increase for personnel over two years, Tennessee’s Attorney General’s Office notified the Registry of Election Finance it is “not an investigative agency” and that the agency can find other options if it isn’t satisfied with the length of time it takes to complete probes.

Responding to a Registry member’s public “discontent” on the time it took to look into a complaint about the Sumner County Constitutional Republicans this year, Deputy Attorney General Andrew Coulam said in a letter to the Registry’s chief, the Attorney General’s office is a “law firm with only three investigators” specializing in Medicaid fraud and consumer protection and might not have the staff to do campaign finance investigation in just under three months.

“This office pursues excellence in all its work, and with shared and finite resources — as is certainly the case with our investigators — we may sometimes have to sacrifice speed for a job well done,” Coulam said in a June 28 letter to Bill Young, executive director of the Bureau of Ethics and Campaign Finance. The Lookout obtained the record through a public records request.

Constitutional Republicans face state Registry complaints

Responding to a sworn complaint, the Registry board requested an investigation into whether the Sumner County Constitutional Republicans group has been acting as a political action committee by raising and spending money and supporting candidates without registering with the state.

The Attorney General’s Office completed a report on the case in late June, about five months after the Registry requested the investigation. A state investigator interviewed seven people, six of whom are connected with Sumner County Constitutional Republicans and Tennessee Constitutional Republicans, and all of those denied the groups were acting as a political action committee.

Coulam noted in his letter that the office’s goal is to complete investigations in 90 days and to notify the agency if it needs more time.

He pointed out, though, if the Registry isn’t “satisfied” with the timeline, referrals to its office are “optional, not mandatory,” under state law.

Registry member Tom Lawless, a longtime appointee by the Senate Republican Caucus, said he considers the letter to show the Attorney General’s Office’s work for the Registry is “voluntary,” because the agency’s only other option is to refer investigations to district attorney’s offices. Lawless, a longtime critic of the AG’s Office, questioned its speed in a recent Registry meeting and added this caveat.

“Perhaps, just maybe, some of his resources could be addressed to Tennessee matters,” Lawless said. “I don’t think voter integrity and the integrity of our politicians would be any less important than some of the other issues that he addresses and deals with in other states.”

Attorney General Jonathan Skrmetti’s office frequently joins other conservative state attorneys general in trying to stop policies by Democratic President Joe Biden’s administration. Those have involved new regulations on stoves and refrigerators, mail orders for the abortion drug mifepristone and gender affirming care for minors, among multiple other efforts.

Perhaps, just maybe, some of (Tennessee Attorney General Jonathan Skrmetti's) resources could be addressed to Tennessee matters. I don’t think voter integrity and the integrity of our politicians would be any less important than some of the other issues that he addresses and deals with in other states.

– Tom Lawless, Registry of Election Finance

The Attorney General Office’s payroll hit $53 million this year for more than 363 positions with an average salary of $146,600, including 10 positions the Legislature approved in fiscal 2024 for a special unit that focuses on federal issues as well as consumer protections and corporate activities that “undermine the democratic process.”

Registry member Hank Fincher, a Democratic appointee to the board, said Tuesday he is aware of the letter and the Registry will discuss its response at a late July meeting, most likely in executive session when the board can discuss legal matters such as litigation with its attorney.

“I’m a little confused as to why we’re being lectured about doing something the statute expressly directs us to do,” Fincher said.

The Attorney General’s Office did not respond Tuesday to requests for comment on its letter to the Registry.

The Registry also recently requested an AG Office investigation into a sworn complaint by Sen. Ken Yager for the campaign of Republican challenger Bobby Harshbarger in upper East Tennessee where he is running against incumbent Sen. Jon Lundberg. Yager contends Harshbarger’s campaign is colluding with a political action committee and the campaign of his mother, U.S. Rep. Diana Harshbarger, mainly because they share the same treasurer, Thomas Datwyler.

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