close
close

Formal complaints against Bacon and Vargas • Nebraska Examiner

Formal complaints against Bacon and Vargas • Nebraska Examiner

OMAHA — The latest twist in the race in Nebraska’s 2nd District between Republican U.S. Rep. Don Bacon and Democratic Sen. Tony Vargas includes formal complaints filed against both.

But action on the allegations by the Office of Congressional Ethics or the Federal Election Commission is unlikely before Election Day on Nov. 5.

Voters must weigh the allegations, the motives of the people and groups behind them, and the reactions of the candidates themselves in the final two weeks of the campaign.

Both candidates deny wrongdoing.

Complaint about Bacon’s letter

The most recent is a complaint against Bacon filed by Nancy Meyer of Cedar Bluffs with the House Ethics Office, which reviews and forwards such complaints to the House Ethics Committee.

U.S. Rep. Don Bacon, R-Neb., answers questions after the 2nd District debate on KETV with state Sen. Tony Vargas of Omaha, a Democrat. (Aaron Sanderford/Nebraska Examiner)

Meyer’s complaint alleges that Bacon misused government resources by signing the letter. on official House office letterhead calling on the Nebraska Legislature change how Electoral College votes are distributed.

Bacon’s congressional office said the letter “was organized, drafted and sent” by the office of Republican U.S. Rep. Mike Flood, which Flood’s office later confirmed. The letter was signed by all five members of Nebraska’s congressional delegation.

Meyer argues that Bacon was acting as a candidate, not a congressman, and that he signed the group letter to help himself and former President Donald Trump, the Republican presidential nominee.

Meyer, a registered nonpartisan, said Wednesday that she “objects to my taxpayer money being used for partisan purposes.” She hosted an event for Vice President Kamala Harris on Wednesday.

“He is using the resources of his taxpayer-supported congressional office,” Meyer said. “This is wrong. That’s why I filed a complaint. This is a must see.”

Vargas Scholarship Complaint

Bacon recently spoke about the FEC complaint against the group that paid Vargas, which was filed in March by the right-wing Accountability and Civic Trust Fund, formerly funded by the Koch brothers.

The group argued that a $60,000 scholarship program that Vargas and other candidates participated in between his 2022 and 2024 congressional campaigns should have been reported as a political donation.

State Sen. Tony Vargas of Omaha, a Democrat, answers questions after the 2nd District debate on KETV with U.S. Rep. Don Bacon, a Republican. (Aaron Sanderford/Nebraska Examiner)

Kendra Arnold, executive director of the group that filed the Vargas-related complaint, told the Washington Examiner that a Democratic donor had found a way to pay candidates to keep them fresh between races.

The group’s complaint says participants in the American Institute for Leadership in Major Politics fellowships were paid beyond what is allowed under federal campaign finance law.

The complaint alleges that “the true purpose of the scholarship, to pay people before or after they run for office, is evident in its mission” and aims to “develop and support a talent pool of public servants committed to maintaining democratic norms and sound public policy “

The Foundation for Accountability and Civic Trust did not respond to messages seeking comment this week.

The Leadership Institute told the Washington Examiner that the allegations in the FEC report were unfounded, saying those who received the scholarships were not declared candidates when they were paid, making it legal.

It also states that the scholarship is focused on developing leaders. At least one of the group’s previous partners said the scholarship was an effort to help candidates with less means.

Some local political observers said the program appears to be a nonprofit attempt to imitate the corporate jobs that supporters create for candidates and elected officials, including some members of the Legislature.

Some questioned the dollar amount of the scholarship. One noted that the Federal Election Commission’s complaint does not include the dates on which people were paid or the dates on which they became declared candidates, so it is unlikely that it will be accepted.

Letter sent to Pillen, Arch.

The delegation letter at the heart of Meyer’s complaint was sent to Gov. Jim Pillen and Assembly Speaker John Arch on Sept. 18.

Some who spoke to the Examiner this week said the House Ethics Committee is unlikely to punish members for writing to the governor and speaker of the Legislature, political or not.

Congress is in recess ahead of Election Day. The photo shows the US Capitol on March 14, 2024. (Jennifer Shutt/States Newsroom)

One questioned how a letter supporting Trump’s position would help Bacon in the 2nd Circuit. Several people said members may receive a letter inviting them to use campaign letterhead next time.

Nebraska awards an electoral vote to the winner of the presidential popular vote in each congressional district. Republicans have long called for a return to a statewide system of awarding all five votes to the winner, known as winner-take-all.

Trump has pressured state senators and others to support Nebraska’s move in a special session ahead of the 2024 elections.

“We need a President who will represent us all,” said the letter, titled “United States Congress.” “The state must speak with one voice in the presidential elections.”

Asked why she filed a complaint against only one of the letter’s five signatories, who are all running for office this year, including both senators, Meyer said she was focused on her congressman. And what bothered her was that the letter was written on House’s stationery.

“This is his office,” she said. “That’s why I didn’t raise this issue about the other signatories.”

The letter was signed by Republican U.S. Senators Deb Fischer and Pete Ricketts, as well as Bacon and fellow House Representatives Flood and Adrian Smith.

Bacon, after signing the letter, stated that he would prefer that the rest of the country adopt Nebraska’s method of apportioning electoral votes. Maine is the only state with a split electoral vote.

He complained that Democrats’ chance to recreate the blue dot they won in the 2nd District in 2008 and 2020 had him swimming against the tide against Harris’ ads.

Candidates fight back

Both campaigns sought to discredit the allegations against them as politically motivated and unfounded. Both also noted competing allegations.

Vargas said he did nothing wrong by accepting the paid scholarship and said Bacon was grasping at straws. His campaign declined to comment on the lawsuit against Bacon.

A photo illustration of the 2024 election is shown. (Getty Images)

“Perhaps an illegal donation of $60,000 is much more than a piece of letterhead,” Bacon said.

Meg Mandy, Vargas’ campaign spokeswoman, said: “Bacon will do or say anything to keep his seat in Washington.”

It is unclear whether the allegations against either candidate will prompt a formal investigation. A decision may take more than a year.

The Office of Congressional Ethics refuses to review complaints it receives until the office refers them to the Ethics Committee, a process that can take months.

In previous years, congressional leaders have taken a broad view of Congress’s prerogative in communicating with state leaders on the issues facing them.

Taylor Gage, a Flood spokesman, said the Nebraska delegation followed the rules. He said members of Congress “regularly use letterhead to communicate policy positions.”

At this stage, the FEC is not discussing applications. In 2022, the commission dismissed a similar charge of paying a stipend to a former and future Minnesota congressional candidate between races.