HOWELL, MI – A Michigan sheriff is being investigated by the state elections office after he used his office to invite former President Donald Trump to a campaign rally this week.
The investigation into Livingston County Sheriff Mike Murphy and his office was triggered by two complaints accusing him of violating the Michigan Campaign Finance Act. regarding Trump’s appearance on Tuesday, August 20.
Murphy told MLive on Friday that there was no violation and that he welcomes any investigation.
Trump spoke for about an hour on Tuesday at an equipment and vehicle warehouse in Howell managed by the Livingston County Sheriff’s Department. During his speech, he railed against his opponent, Vice President Kamala Harris,’s record on crime and immigration.
Related: Trump says on his return to Michigan that he will stop the “Kamala crime wave”
The Republican presidential candidate was flanked by members of the Michigan State Police as well as campaign banners and three staged sheriff’s office patrol cars during his speech.
The event was not public; only invited guests and representatives of the press could attend.
U.S. State Department spokeswoman Angela Benander declined to provide specific details about the complaints, but said the agency is investigating them.
Citizens can file complaints about campaign finance.
The Michigan Campaign Finance Act prohibits public officials from using public funds to support or oppose political candidates and ballot issues. These resources range from the use of public funds and personnel to the use of public facilities and stationery.
However, there are exceptions.
Laura J. Genovich, a lawyer and partner at the law firm Foster Swift Collins & Smith, said public facilities may be used for political campaign events as long as other candidates have the same opportunities under the same conditions to use those spaces.
Whether or not there was a violation of the use of public facilities can be reduced to a simple question.
“If Kamala Harris wanted to use this room, could she use it?” Genovich said.
Murphy said he would allow Trump’s opponents to use the room.
“If Kamala Harris wants to come, we would definitely do her the same favor,” he said.
Related: 5 key takeaways from Donald Trump’s August visit to Howell
The Michigan Campaign Finance Act allows elected officials with political decision-making powers, such as a sheriff, to express their political views and participate in political demonstrations as long as no public funds are used.
Murphy, a Republican, spoke during Trump’s visit.
It remains unclear whether the use of the three sheriff’s patrol cars that were stationed behind Trump during the event constituted a violation of the Michigan State Campaign Finance Act.
Murphy had previously been fined for allegedly breaking the law when he appeared in his uniform with a sheriff’s patrol car in 2018 in a campaign commercial for Bill Schuette, who was running for governor at the time.
“The commercial was staged and intentionally featured Sheriff Murphy in his full uniform and a Livingston County Sheriff’s vehicle parked specifically for the commercial,” elections officials wrote.
He entered into an agreement with the election office to reimburse Livingston County a total of $100 and pay a $100 fine to the state.
This violation was not related to the uniform, but to the use of a sheriff’s office vehicle, Murphy said.
He pointed out that one of his colleagues, Genesee County Sheriff Chris Swanson, appeared in uniform when he addressed the Democratic National Convention on Thursday.
Murphy said the state specifically objected to the vehicle being taken out of service and out of the county for the filming of the political ad.
However, this is not mentioned in a letter from the election office stating that Murphy likely violated the law by intentionally using the sheriff’s office vehicle for the political ad.
Murphy said two of the sheriff’s office’s three patrol cars stationed behind Trump had not yet been deployed and the vehicles would be on site and ready for use if needed.
The vehicles were parked at the venue of Trump’s speech and rearranged to create a better backdrop, Murphy said.
“As I mentioned, it’s a storage facility for vehicles and equipment,” he said. “So does that mean that these vehicles are parked like this all the time? Of course not. Were they moved to create a better backdrop? Yes, of course.”
Genovich said the election office would decide on the vehicle use issue.
Murphy will have an opportunity to formally respond to the complaints before the elections office makes an administrative determination as to whether or not a violation was likely committed.
A person who uses public funds to support a political candidate can face a one-year prison sentence and a possible fine of up to $1,000 under the law.
Genovich said it could take months for the election office to make a decision.
Trump’s campaign appearance at the Livingston County Sheriff’s Office comes weeks after his running mate, Ohio Senator JD Vance, delivered a speech on the steps of the Shelby Township Police Department.
Vance was accompanied by Shelby Township Police Chief Robert Shelide and others.
Related: JD Vance promotes tough crime policies in second campaign appearance in Michigan
Benander said that other than the complaints against Murphy and his department, the election office was not aware of any other violations of the Campaign Finance Act related to presidential campaign activities.
