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Spitzer could spend $3M campaign chest on defense

BY ZACHARY R. DOWDY | zachary.dowdy@newsday.com

The nearly $3 million worth of spoils left in Gov. Eliot Spitzer's campaign war chest could support a charity, a candidate, or a political party -- even a legal defense.

State officials said there is no automatic prohibition even against Spitzer using the money for what may be some considerable new legal bills related to defending himself against charges stemming from his involvement with prostitution.

But that possibility upsets "good government" groups who said he should put the money to a good use that could help him atone for misdeeds that got the man who once referred to himself as a " -- -- steamroller" into hot political waters.

"Certainly, the first option is to give it back to whomever gave it, if that's possible," said Barbara Bartoletti, legislative director of the League of Women Voters in Albany. "The next option is to give it to charities."

Bartoletti said a fitting recipient would be the charity that Spitzer cofounded with his wife, Silda: the Children for Children Foundation, a New York City not-for-profit designed to get young people interested in community involvement and social responsibility.

"Donors gave to help elect the governor and my guess is they also understood that it might also be used to elect political allies," said Richard Kirsch, executive director of Citizen Action of New York. "It shouldn't be used for personal use for a legal defense fund."

Bob Brehm, a spokesman for the state Board of Elections, said the agency offers opinions on whether campaign finances may be used for legal defense, but state laws don't specifically prohibit the use of money in this way.

"There's a case-by-case review," Brehm said, citing the agency's 1989 legal opinion on the use of campaign funds, which said: ". . . expenses incurred in the legal defense of a criminal matter are related to the political campaign or the holding of a public office. . . if the criminal matter arises out of the campaign or the holding of the public office."

But Russ Haven, legislative counsel for the New York Public Interest Research Group, in Albany, said the Board of Elections has too liberal a position on the matter.

"This is the area of what's known as personal use of campaign funds, and it's an area where the Board of Elections has given an incredibly lax interpretation of the law, essentially allowing just about anything short of pocketing the money," Haven said. "Based on the allegations that have been made public, I don't see how there's any basis to allow that money to be used for legal defense."