Campaign Watchdog Finds Murphy's Ads Unfair

The Westchester Fair Campaign Practices Committee met Oct. 18 to consider four complaints brought by Peter Harckham, who is challenging Terrence Murphy for the 40th District State Senate seat. The committee found Murphy's ads misleading, false and unfair, including one for which he had been criticized by the committee months before.

Here's what the committee said:

The Westchester County Fair Campaign Practices Committee met on October 18, 2018 to hear the complaints of Democratic Challenger Peter Harckham against incumbent Republican candidate Terrence Murphy in the race for New York State Senate, District 40. Mr. Harckham was represented by TJ Rogers and Barry Caro. Mr. Murphy was represented by Chris Arnold.
COMPLAINT #1: Peter Harckham complains that the Murphy campaign and its affiliates made the false statement that Peter Harckham was hired by New York State because of the “connections with a top state official and fellow South Salem resident recently convicted of bribery, who was also the Governor’s campaign manager” (i.e. Mr. Percoco), thereby making an argument of corruption by association.
FINDING: UNFAIR. The statement made by Mr. Murphy's campaign about Mr. Harckham's attainment of positions is unsubstantiated as it lacks a factual basis. In addition, the statement is misleading. The statement implies corruption by association and is in violation of two of the Committee's principles: “The candidate will not use or condone any campaign material or advertisement that misstates, misrepresents or distorts material fact or any communication that misleads the public” and "The candidate will neither engage in nor be involved with false or misleading attacks upon the character of an opponent…”
COMPLAINT #2: Peter Harckham complains that the Murphy campaign and its affiliates made the false and misleading statement that Peter Harckham had "two full time political patronage jobs at the same time" and “double-dipped” since he “collected more than $311,000 through these two low-show political jobs…”
FINDING: UNFAIR. The statement by Mr. Murphy's campaign that Peter Harckham was "double dipping", holding “two full time, low-show jobs” at the same time is misleading and unsubstantiated.
COMPLAINT #3: Peter Harckham complains that Terrence Murphy, through the New York State Senate Republican Campaign Committee, is repeating an unfair campaign practice that the Fair Campaign Practices Committee had previously found as "Unfair." Specifically, in two Facebook ads dated October 8, 2018, Senator Murphy makes reference to "Pete Harckham who was caught lying by the Fair Campaign Practices Committee" and to "Pete Harckham who the Fair Campaign Practices Committee ruled lied." This mischaracterization of the FCPC's finding had been previously found "unfair" by the FCPC.
FINDING: UNFAIR. This knowing mischaracterization of the finding by the Fair Campaign Practices Committee at its June 18, 2018 meeting remains an unfair campaign practice. As noted previously, the use of the word "lied", instead of the wording from the Committee - "the statement is inaccurate" - is in violation of one of the Committee's principles: "The Committee considers selective quotation or misrepresentation of its findings to be an unfair campaign practice."
COMPLAINT #4: Peter Harckham complains that Senator Murphy falsely alleges that Mr. Harckham "…voted to give millions of taxpayer dollars to Conifer the construction company and A-Home, a non-profit that Harckham previously served as president of." Mr. Harckham complains that Mr. Murphy's statement that A-Home was involved in this project, and his implication of a conflict of interest on the part of Mr. Harckham, is not factual, as well as the statement that "this is just another conflict of interest scandal regarding State Senate candidate Peter Harckham."
FINDING: UNFAIR. Mr. Harckham was president of A-Home, but Allied Community Enterprises, not A-Home, was involved with the Conifer project, and therefore the statement is false. Also, to state that this is "another conflict of interest scandal regarding State Senate candidate Peter Harckham" is not factual. Both statements are in violation of two of the Committee's principles: “The candidate will not use or condone any campaign material or advertisement that misstates, misrepresents or distorts material fact or any communication that misleads the public” and "The candidate will neither engage in nor be involved with false or misleading attacks upon the character of an opponent…”

“These rulings by the FCPC confirm Terrence Murphy’s campaign routinely engaged in unfair campaign practices,” said Harckham, who last week released his tax returns to counter Murphy attacks.

“He deliberately made unsubstantiated allegations and spread falsehoods in an attempt to distract the public from the real issues in this race such as women’s reproductive health, common sense gun safety, adequate school funding, justice for child abuse victims and other topics,” Harckham said, demanding that Murphy’s campaign “cease spreading falsehoods and issue an apology to the voters of this district immediately."

New York State Senate District 40 includes parts of Northern Westchester (Briarcliff Manor, Buchanan, Cortlandt, Croton-on-Hudson, Lewisboro, Mount Kisco, Mount Pleasant, New Castle, North Salem, Peekskill, Pleasantville, Pound Ridge, Sleepy Hollow, Somers, Yorktown) Putnam (Brewster, Carmel, Patterson, Southeast) and Dutchess (Beekman, Pawling).

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