The American Democracy Legal Fund has filed a complaint with the Senate Select Committee on Ethics to investigate whether Sen. Kelly Ayotte (R-NH) violated Senate rules by using the “@KellyAyotte” Twitter account for both official and campaign purposes.
By posting both official and campaign content on the “@KellyAyotte” Twitter account, Senator Ayotte has clearly mislead the public about whether her Twitter communications are coming from her official Senate office or from her campaign. This is a clear violation of the Rules and warrants an immediate investigation into Sen. Ayotte’s conduct.
The complaint is available below and in full with exhibits here. The American Democracy Legal Fund holds candidates for office accountable for possible ethics and/or legal violations. It was established by David Brock and is run by Brad Woodhouse.
American Democracy Legal Fund
455 Massachusetts Avenue, NW
Washington, DC 20001
March 22, 2016
Deborah Sue Mayer
Chief Counsel and Staff Director
U.S. Senate Select Committee on Ethics
220 Hart Senate Office Building
Washington, D.C. 20510
Re: Request for Investigation into Sen. Kelly Ayotte (R-NH)
Dear Ms. Mayer:
American Democracy Legal Fund (“ADLF”) respectfully requests that the Senate Select Committee on Ethics (the “Committee”) investigate whether Senator Kelly Ayotte (R-NH) violated the U.S. Senate Internet Services and Technology Resources Usage Rules (the “Rules”) using the “@KellyAyotte” Twitter account for both official and campaign purposes.
Facts
Senator Ayotte has a Twitter account under the Twitter handle “@KellyAyotte.” Senator Ayotte uses this Twitter account to post information related to her official position as a United States Senator. For example, Senator Ayotte has posted pictures of her meeting in her Senate office with numerous individuals including a witness for a hearing, an Executive Branch nominee, and a New Hampshire public official. She also used the Twitter account to post pictures of receiving an award in her Senate office.
At the same time that Senator Ayotte has been using this Twitter account to post information related to her official position as a United States Senator, she has been confusing the public by using the Twitter account to post information related to her campaign. For example, she invited people to follow her on Instagram to see “behind-the-scenes photos from the campaign trail.” She has also posted tweets about campaign advertisements, campaign volunteers, Republican party events in New Hampshire, and her Democratic opponent, Governor Maggie Hassan. Senator Ayotte has also posted information about a sale on her campaign’s online store. Lastly, Senator Ayotte’s campaign website links from the campaign website to the Twitter account, even though the Twitter account contains official information.
The “@KellyAyotte” Twitter account does not appear to be Senator Ayotte’s personal account, which would require that she has personal control of the account and that she is the only individual posting the content on the account. In numerous instances, Senator Ayotte has been filmed speaking on the Senate floor at the exact same time that tweets were sent from the “@KellyAyotte” Twitter account. Thus, it is impossible for Senator Ayotte to be controlling the “@KellyAyotte” Twitter account and be the only person posting content on it. For example, Senator Ayotte spoke on the Senate floor from 1:51 pm to 2:05 pm on March 2, 2016, and during that time frame, three separate tweets were posted to the “@KellyAyotte” Twitter account. On March 1, 2016, Senator Ayotte spoke on the Senate floor from 11:33 am to 11:51 am and during that same time frame, twenty-three separate tweets were posted to the “@KellyAyotte” Twitter account. On February 23, 2016, Senator Ayotte spoke on the Senate floor from 11:19 am to 11:34 am and during that same time frame, fifteen separate tweets were posted to the “@KellyAyotte” Twitter account.
Legal Application
The Rules are designed to ensure that Members do not mix official work with campaign work and that the public knows which communications are coming from a Senator’s official Senate office and which are coming from a Senator’s campaign. The Rules require that information provided on or through an official website, including an official third-party website of a Senator, must relate to activities and duties directly connected with the official and representational business of the Senate. Thus, official content should only be posted on official pages and campaign content should be limited to campaign pages. An official third-party website includes the official Twitter account of a Senator.
Further, under the Rules, a Senator’s official third-party website may not link or post to a Senator’s campaign or personal website. Likewise, a Senator’s campaign website may not link to a Senator’s official website. Thus, a Senator’s official Twitter account may not link or post to a Senator’s campaign or personal website and a Senator’s campaign website may not link to a Senator’s official website, including a Senator’s official Twitter account.
There is a narrow exception to these restrictions for a Senator’s personal social media account. Specifically, a Senator may use a personal media account for multiple purposes including official Senate business, campaign purposes, and personal matters if the Senator has personal control of the account and the Senator is the only individual posting the content on the account.
Senate Ayotte’s activity is in blatant violation of the Rules. As documented above and in the attached exhibits, the content posted on the “@KellyAyotte” Twitter account is both official and campaign in nature. There are numerous tweets regarding Senator Ayotte’s official position, including pictures of Senator Ayotte in her Senate office meeting with various individuals in her capacity as a United States Senator. Yet, there are also numerous tweets related to Senator Ayotte’s re-election campaign. Further, Senator Ayotte’s campaign website links directly to the “@KellyAyotte” Twitter account. This is not only misleading and confusing to the general public, but is blatantly impermissible under the Rules.
The narrow exception that could allow the “@KellyAyotte” Twitter account to contain both official and campaign content does not apply here. That exception only applies if the “@KellyAyotte” account is Senator Ayotte’s personal Twitter account, she has personal control of the account and she is the only individual posting the content on the account. However, as noted above and in the attached exhibits, it was impossible for Senator Ayotte to be the only individual posting content on the “@KellyAyotte” Twitter account. On several occasions, numerous tweets were posted on the “@KellyAyotte” Twitter account when Senator Ayotte was actually speaking on the Senate floor. Because Senator Ayotte is not the only individual posting content on the “@KellyAyotte” Twitter account, the narrow exception for posting official and campaign content on a Senator’s personal Twitter account does not apply.
By posting both official and campaign content on the “@KellyAyotte” Twitter account, Senator Ayotte has clearly mislead the public about whether her Twitter communications are coming from her official Senate office or from her campaign. This is a clear violation of the Rules and warrants an immediate investigation into Sen. Ayotte’s conduct.