Sen. Gaughran boosts colleagues with taxpayer mailing before leaving office

                                                                      
                                                                   

Got to hand it to State Sen. James Gaughran, a Democrat from Northport.

He knows how to squeak past State Senate rules before he leaves office at the end of this year while providing taxpayer-paid publicity to his Democratic colleagues.

See above the mailer that arrived at a constituent's house on Monday. 

While the cause may be worthwhile, the most prominent part of the message appears to be the photos of Gaughran, State Sen. Anna Kaplan of Great Neck  and State Sen. John Brooks of Seaford, underneath their names printed in boldface type.

Also note that it came from Gaughran's senate office.

Gaughran is not running for re-election. He was redistricted out of his District 5 Senate seat and moved into District 2. Though he originally planned to run in his new district, Nassau and state Democratic chairman Jay Jacobs apparently talked him out of it.

In comparison, both Brooks and Kaplan are running again this year, .

Because of redistricting, some of Gaughran's Nassau North Shore constituents landed in  Kaplan's Senate District 7.

Brooks was redistricted out of his South Shore Senate District 8 and relocated into the newly configured District 5.

Brooks first said he would not seek re-election. But, again after apparent nudging by Jacobs, Brooks said he would run for the District 5 seat.

Even though Gaughran is now a lame duck, that didn't stop him from using his senate office mail budget to promote  both Kaplan and Brooks.

But here's the catch.

Kaplan has a primary.  Progressive Democrat Jeremy Joseph is challenging her for the party's nomination in the Aug. 23 primary.

Like the state Assembly, the State Senate has a blackout period banning mass mailing 30 days before a primary election.

Of course, no incumbent is supposed to use taxpayer money to send out campaign pieces. But incumbents of both parties always say their mailings, in which their photos and name are prominently displayed-- are not political but simply provide important information to their constituents. 

The Assembly recognized this and its rules are very clear:

"The use of legislative printing and mail facilities for newsletters and other forms of mass mailings which bear the name or likeness of a candidate in a local, special, primary or general election shall be prohibited within thirty days of such local, special, or primary election and be prohibited within sixty days of such general election. Members may not utilize other forms of Assembly-funded mass communication media during such thirty day and sixty day periods, respectively."

The Senate guidelines are more murky, but mass mailings by a candidate 30 days before a primary election are not allowed, according to a Senate memo put out in May:

"The following restrictions will be in place thirty (30) days prior to any member in a contested
special, primary or general election:
• Bulk Mail delivery is prohibited during the thirty (30) day blackout

• First Class Mail is deliverable during the thirty (30) day blackout period as long as the total amount during the period does not exceed five hundred pieces. An accounting of First Class Mailing during the period can be requested from the Senate Post Office at (518) 455-2191. 

First Class Mail includes direct responses to constituents and correspondence with legislators, agencies, and other government officials. Registered, certified, overnight and other special services will be charged against a Member’s First Class Mail Allocation.

Electronic mass mailings (e-mail, fax messages or text messages) are prohibited during the blackout period for each respective contest."

So Kaplan didn't have to use her office's mail budget to put out literature featuring her likeness and name before her primary; Gaughran did it for her.

And he may have just squeaked past the mailing deadline.

The above postcard was received July 25 by the Locust valley Constitutent, which is within the 30-day blackout period.

But the postcard was likely put into the mail right before the blackout deadline.

Here is what the State Senate memo says: 

                                        Important Dates:
                                        o Primary Election, Tuesday, August 23, 2022
                                        ▪ Blackout begins, Sunday, July 24, 2022
                                        ▪ All mail must be at the US Post Office by Friday, July   22, 2022  

Clever.