Tennessee election finance board to subpoena members of Constitutional Republicans

The Tennessee Registry of Election Finance the Registry of Election Finance is set to subpoena members of two Constitutional Republican groups to answer questions about operating as a PAC. (Photo: John Partipilo)

Dissatisfied with a Tennessee Attorney General’s investigation, the Registry of Election Finance is set to subpoena members of two Constitutional Republican groups to have them explain how they operate without registering as a political action committee.

The registry board voted Tuesday to order members of the Tennessee and Sumner County Constitutional Republicans to answer questions about their political activity at an upcoming “show-cause” hearing. A sworn complaint filed by Goodlettsville businessman Wes Duenkel in November 2023 accuses the groups of acting like a PAC by making expenditures for candidates or issues but refusing to register with the state.

Five people spoke to the state investigator, but three others declined.

Registry board Chairman Hank Fincher said Tuesday, “If they’re not going to talk to us, they’re going to have to assert the Fifth Amendment,” the right to avoid self-incrimination.

Registry board members requested the Attorney General’s Office to investigate the matter in February and in late June received the results. The report amounted to short interviews in which four members denied raising or spending money for candidates. The investigation did show the group’s Facebook page at one point offered a link to donate money. The group also vetted and supported candidates for local and state elections, in addition to holding breakfasts and other political gatherings.

Co-founder Chris Spencer, who is challenging Republican Sen. Ferrell Haile in the Aug. 1 primary, caught the ire of some board members because he told the AG’s Office investigator, after being asked about monthly meetings and refreshments, “I am done with questions. This is such a waste of time.”

Spencer declined to comment after Tuesday’s meeting.

Kurt Riley, another co-founder, claimed in his interview that breakfasts were free and that the sale of Tennessee Constitutional Republicans merchandise did not benefit candidates or the group’s platform. He also said the group was formed to pay for his travel and expertise.

The Attorney General Office’s investigation was accompanied by a letter from the deputy attorney general saying the office is not an “investigative agency” and doesn’t have the resources to conduct full-scale probes for the Registry. The letter also said the Registry, based on a new state law, could use other options for investigations if it is unsatisfied with the AG’s Office.

Fincher, a Democrat, said Tuesday he was “surprised” at Attorney General Jonathan Skrmetti’s “abdication” of statutory duties to investigate campaign finance issues. He noted the Registry board opted to investigate matters itself and added that the board will be seeking more funding from the Legislature to hire investigators.

Registry member Tom Lawless, who previously questioned the length of time it took the AG’s Office to produce the report, challenged the quality of the investigation and called the AG’s action “repugnant” and “reprehensible.”

If subpoenaed members of the Constitutional Republicans decline to testify before the board, it could take “corrective actions,” Lawless said.

“Nobody is above the law, and they’re required to do certain things. And if they don’t do it, we’ll assist them with the maximum ability that we can,” Lawless added.

The Attorney General’s Office has declined to respond to questions about the letter it sent to the Registry with its investigation.

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