The Oklahoma Education Department’s website has been scrubbed of social media links for the Democratic gubernatorial nominee’s campaign following a Washington Examiner report quoting legal experts who said the links could violate state law.
Joy Hofmeister, Oklahoma’s superintendent of public instruction, who is running against Republican Gov. Kevin Stitt, may have run afoul of ethics laws, as her government website linked to her campaign’s social media accounts, campaign finance lawyers told the Washington Examiner Thursday. The fact that the department’s Twitter has retweeted her campaign and tagged her campaign could also violate state law, the lawyers said.
But following the Washington Examiner story published Thursday afternoon, the website for the Education Department changed. Hofmeister’s page no longer links to her campaign’s Twitter and Facebook accounts. A review of the internet archive provides proof that the links were on the government website prior to the Washington Examiner’s story being published.
DEMOCRATIC NOMINEE FOR OKLAHOMA GOVERNOR APPEARS TO HAVE ‘VIOLATED’ STATE LAWS, EXPERTS SAY
A person in Oklahoma cannot campaign with “the use of public funds, property or time to engage in activities designed to influence the results of an election for state office or a state question.” Officials are also barred from engaging in activities “designed to influence the results of an election for state office” on public time or posting “materials that advocate for the election or defeat of a clearly identified candidate,” according to the Oklahoma Ethics Commission.
“Secretary Hofmeister has likely violated Oklahoma’s ethics laws by using her official, state-funded biography webpage to promote her election campaign,” Curtis Schube, a lawyer at the Dhillon Law Group who specializes in election law, had told the Washington Examiner.
“Specifically, her bio page includes links to her campaign social media account and her campaign website, which are dedicated to advancing her candidacy for office,” said Schube.
Chris Winkelman, a lawyer at Holtzman Vogel who also specializes in election law, previously told the Washington Examiner that Hofmeister’s social media account links “could also run afoul of Oklahoma criminal law.”
Oklahoma public officials cannot “directly or indirectly coerce, attempt to coerce, command, advise, or direct any state employees” to pay or contribute “to any party, committee, organization, agency or person for political purposes.”
“These laws are in place not only to protect taxpayer funds from being misappropriated but also to protect state employees from feeling pressured into providing political support for their boss,” said Winkelman, who previously was general counsel for the National Republican Congressional Committee.
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In addition to the links, cases in which the Oklahoma Education Department’s Twitter account has retweeted Hofmeister’s campaign account and tagged her could spell trouble for the candidate. The Washington Examiner documented at least 19 combined cases of this occurring.
The actions could violate an Oklahoma law holding that officials cannot use newsletters or informational materials to advocate the election or defeat of a clearly identified candidate or candidates, said the lawyers.
“Cross-promotion of these campaign social media accounts from official channels gives the impression that the weight of her entire government agency itself is behind her candidacy,” said Winkelman.
Hofmeister’s campaign did not respond to a request for comment.
“It’s no surprise and likely more where that came from, as the Democrat State Superintendent has been bankrolled by at least $25 million in dark money special interest during her campaign,” Donelle Harder, the campaign manager for Stitt, told the Washington Examiner.
