Maloney floods NYC district with taxpayer-funded mailers ahead of primary, raising ethical questions

Maloney floods NYC district with taxpayer-funded mailers ahead of primary, raising ethical questions

“This clearly is an attempt to get around the law,” stated Richard Painter, former chief White Home ethics lawyer for President George W. Bush, a regulation professor on the College of Minnesota, and a frequent critic of the best way former President Donald Trump abused taxpayer sources. 

Painter criticized Maloney’s use of the 499 rule to keep away from the official Home coverage on communication and likened it to a observe in tax regulation referred to as “avoision” — a time period that mixes tax evasion and tax avoidance. He famous that Democrats have been very crucial of Trump’s “tax avoision” methods. 

“But now, for members of Congress when they are spending our money —taxpayer money — to engage in a similar practice, trying to circumvent the law with such a cute trick? I think it’s outrageous,” stated Painter.

A spokesperson from Maloney’s congressional workplace didn’t reply to a request for touch upon the matter, nor did they reply when requested if the letters have been additionally despatched to the parts of the present district exterior of Manhattan who can not vote within the newly drawn twelfth district. Bob Liff, a spokesperson for Maloney’s marketing campaign, nonetheless, defended her conduct. 

“Carolyn Maloney has always communicated with her constituents about her work on issues of interest to them and the district more widely. As you note, the letters are fully in compliance with House rules,” stated Liff. 

“While this is not a campaign matter, it is worth noting that Carolyn has always believed that accomplishments speak louder than mere words,” he added.


These varieties of letters are referred to as “franked” communications, which comes from the French phrase without cost, based on Etymology on-line. The historic origin dates again to the colonial period after they have been meant to facilitate free and open communication between public officers and the individuals they symbolize, with out the necessity to pay for postage. Through the years, Congress has adopted a collection of reforms to limit the use of franking privileges, significantly round election season.

“The genesis of the restrictions on franked mail are not intended to interfere with offices responding to constituent communications,” stated Matt Glassman, a senior fellow on the Authorities Affairs Institute at Georgetown College. Glassman beforehand spent a decade on the Congressional Analysis Service, and has testified earlier than the Home Choose Committee on the Modernization of Congress about, “how to bring Congressional mail standards into the 21st century.” 

In that testimony, Glassman famous that it’s tough to calculate the overall value of franked mail, together with postage, printing and replica. His evaluation in 2019 discovered that it may very well be roughly 35 cents per letter. Talking to Gothamist earlier this month, he stated it may very well be roughly 50 cents per letter. That will put the fee of the letters Maloney despatched between $9,000 to $13,000. 

Glassman stated the Home has a collection of guidelines that restrict what can go in a franked mailer to stop it from getting used as a marketing campaign instrument, limiting the subjects to points associated to what the consultant has labored on that could be of curiosity in an official capability to the constituent. However he additionally famous that members have abused this instrument up to now. 

“People aren’t stupid, right? Franked mail historically has skyrocketed in the fourth quarter before an election,” Glassman famous.

A spokesperson for Nadler’s workplace and marketing campaign declined to remark for this story, however famous that his workplace didn’t ship any franked 499 mailers after the blackout interval. The Franking Fee, which evaluations and tracks mailers despatched out by Home members through the blackout interval, reveals Nadler despatched seven and Maloney despatched eight official mass communications to this point this 12 months, based on their database. Final 12 months, Nadler despatched ten, and Maloney despatched 49.

Franking recipients

Patel, who’s as soon as once more difficult Maloney, was among the many recipients of the 26,000 franked letters Maloney despatched since June twenty fourth. As a resident who lives close to Stuyvesant City, he acquired a letter that talked about Maloney’s help for reasonably priced housing. Patel stated the abuse of the taxpayer-funded, franked mail system underscores the explanation why he’s difficult two thirty-year incumbents. He stated they each are abusing their incumbency to the detriment of voters.

“The thesis of my run is being proven by my opponent’s behavior,” Patel informed Gothamist. “When my sister-in-law receives a piece of mail that says Carolyn Maloney cares about Asian hate crimes, and my sister-in-law happens to be Asian American, you see right through it three weeks out before an election.”

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