CHARLESTON – A Charleston credit union potentially is violating federal election rules by displaying an election sign endorsing its CEO for a House of Delegates seat.
Element Federal Credit Union is displaying a banner under its business sign along MacCorkle Avenue in Kanawha City endorsing Linda Bodie for the House of Delegates’ 55th District. Bodie is the chief executive officer of Element FCU.
“This endorsement by an FCU raises significant concerns, especially when it involves the institution’s own CEO as a candidate,” an election law complaint sent to the West Virginia Secretary of State’s office says. “As a tax-exempt 501(c)(1) entity, Element FCU must comply with regulations that restrict political activities. Federal law and National Credit Union Administration (NCUA) guidelines prohibit federal credit unions from participating in political campaigns to ensure they remain focused on serving members’ financial needs regardless of individual political affiliations.
Akers
| File photo
“Political endorsements conducted on FCU-owned property can lead to penalties from the NCUA and threaten the FCU’s tax-exempt status, ultimately harming its members.”
The complaint says Element Federal Credit Union should remove the political sign endorsing Bodie.
In an October 7 email response to the complaint, the West Virginia Secretary of State's Director of Investigations concurred with that analysis and said the sign could be a Federal Election Commission violation.
“Unfortunately, since it’s an FEC violation, our office doesn’t have the authority to pursue,” Kimberly S. Mason wrote in the email. “There isn’t a comparable violation under Chapter 3 on the state level.”
Mason’s email also includes a link for the unidentified complainant, whose name is redacted on copies of the correspondence supplied to The West Virginia Record, to file a complaint with the FEC.
State candidates are not subject to FEC or other federal election regulations. So any actual violation would be brought against the credit union, not a candidate.
Bodie, a Democrat, is seeking the House seat currently held by Republican J.B. Akers, who was appointed to the seat earlier this year by Gov. Jim Justice after Moore Capito resigned to focus on his unsuccessful gubernatorial campaign. Akers is seeking to retain the seat.
When reached for comment, Bodie said she didn’t know a complaint had been filed and hadn’t seen a copy of it.
“So, it's difficult to comment,” she told The Record. “However, I'm surprised this is even an issue — businesses and individuals have long exercised their right to free speech, including displaying signs.
“This fundamental right is central to our values here in West Virginia and across the United States. Once I’ve seen the complaint, I’ll be able to respond more specifically.”
Akers said he doesn’t know who filed the complaint with the Secretary of State’s office.
“I didn’t have any desire to make any negative statements about her or her business,” Akers told The Record. “But she made those negative comments about me and my business first.
“I will say that a credit union, which is tax exempt, probably shouldn’t be putting political advertising on its premises. She’s the CEO, so that makes her responsible for it. If I were the board, I’d be asking her why she made that decision.”
Last month, Bodie and the state Democratic Party criticized Akers for serving as legal counsel for a conservative podcaster it called “extremist” in a lawsuit against Kamala Harris’ presidential campaign. Akers said his client, Tim Pool, has a legitimate claim in civil court, which is “part of our normal democratic process.”