Macomb County Prosecutor Peter Lucido may have violated campaign finance act

Macomb County Prosecutor Peter Lucido may have violated the state's Campaign Finance Act when a newsletter from his public email address linked to his campaign website.

However, other allegations of Campaign Finance Act violations made by former Michigan Democratic Party Chairman Mark Brewer in a complaint against Lucido were rejected by the state, according to a letter last Thursday to Lucido and his attorney.

The other allegations included Lucido sending happy notes, congratulatory letters and tributes, which are not campaign materials under the act, per the letter, which added: "No evidence was provided that suggests that county employees were conducting campaign activities while working on county time."

"From the beginning, this entire matter was nothing more than a desperate attempt by Mr. Brewer to weaponize the State's campaign finance regulations for generating negative media coverage about my re-election campaign," Lucido said in a statement Tuesday, adding he was pleased the state "firmly rejected the frivolous allegations."

Lucido wrote that he asked his attorney to clarify a statement in the Department of State's letter pertaining to a county employee, who is not himself and who on one occasion several years ago when he was not running for office "accidentally, and unknowingly, sent out an electronic newsletter for the Macomb County Prosecutor's Office that included one image with a non-visible link to my campaign website."

Lucido wrote the state "found no evidence that this communication was deliberately used for campaign purposes, but apparently the department wants more information about this matter which I am glad to provide. I am confident we will be able to provide the information necessary to reach a full and final resolution of this matter."

In a news release, Brewer touted the letter as a "victory" for county taxpayers, saying they "shouldn't have to subsidize Lucido's political campaigns." Brewer added: "This decision also prevents a major loophole from being opened up in the law: If he had been allowed to do this, any elected official could include a link to her or his campaign websites in every email they sent."

Brewer also cites a paragraph from the letter: "While the monetary cost of comingling public and campaign emails may be minimal the impact can be a significant advantage for campaign purposes. Additionally, public resources are used to maintain an email list and contact individuals that may not be on the email list for Pete Lucido's campaign."

The letter indicates the state is beginning the informal resolution process. If, after 90 business days, the secretary of state is unable to correct or prevent further violation by these informal methods, the letter states, the secretary of state either will refer the matter to the attorney general for enforcement of any criminal penalty or commence a hearing for enforcement of any civil violation.

According to the letter, Lucido's attorney, Andrea Hansen, responded to the complaint claiming the link to Lucido's campaign website was inadvertently included in the newsletter and that it has since been corrected. Hansen also contended there was no ascertainable value to a hidden link in a newsletter and "categorically denied that public resources were used in these circumstances."

In addition to the state complaint, Brewer filed two complaints with the county's ethics board against Lucido earlier this year.

The ethics board dismissed one of the complaints and voted to forward the other to a public hearing. The remaining complaint alleges Lucido used county property, buildings and offices to create a photo of himself for political campaign purposes. Lucido's attorney in that matter has disputed the allegation.

The public hearing has not been held and the matter has ended up in court. Lucido filed a lawsuit in June against the county's top attorney and ethics board to stay the ethics board proceedings against him.

The case morphed in August when Lucido asked Macomb County Circuit Judge James Maceroni to disqualify himself from presiding over the lawsuit because Maceroni contributed $100 to the campaign of Lucido's election opponent, Christina Hines, on Nov. 15, 2023. Hines, a Democrat, is challenging Lucido, a Republican, for prosecutor in the November election. Lucido stated in his motion to disqualify that Brewer is the leader and/or adviser for Hines' political campaign.

Maceroni did not disqualify himself, and the matter was reviewed by the county's chief circuit judge, who did disqualify himself from the motion.

The case was reassigned to Oakland County's chief circuit judge, who ruled earlier this month that there was no cause for a finding that the disqualification of Maceroni is warranted, and Lucido's motion to disqualify him was denied.

A hearing on several motions, including a motion to stay filed Oct. 15 by Lucido's attorney, is scheduled for Nov. 4 before Maceroni, per Macomb County Circuit Court online records.

Contact Christina Hall: [email protected]. Follow her on X, formerly Twitter: @challreporter.

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This article originally appeared on Detroit Free Press: Peter Lucido may have violated state campaign finance act