RACE OF THE DAY: Mich.-01

Michigan Democrats are filing a complaint against the Republican running for retiring Rep. Bart Stupak’s (D) seat after it surfaced he may have violated campaign finance rules by traveling on a private plane.

Republican Dan Benishek’s use of a supporter’s private plane may be a violation of campaign finance rules and could bring a penalty from the Federal Election Commission. According to the FEC, House candidates are prohibited from “noncommercial campaign travel on aircraft.”

Any decision by the FEC, however, is unlikely to be reached before Election Day. Still, Democrats are hopeful their FEC complaint will tip the tight race in favor of state Rep. Gary McDowell (D), who has trailed Benishek in recent polls.

“This certainly should be something that the voters take into account when they vote next week,” Mark Brewer, Michigan Democratic Party chairman, said on a conference call with reporters Wednesday. 

The party will file its complaint this week, he said.

Democrats contend Benishek used a plane owned by a supporter to campaign in Michigan’s 31-county 1st congressional district but didn’t report it on his quarterly FEC report.



The party’s main evidence is from the Benishek campaign’s Facebook page, where a photo showed a small airplane on a runway with the caption: “Headed out to the Home Show in Munising. See ya there!” 

The plane is registered to St. George Glass Co., a company owned by Steven Zurcher, a local Republican delegate. 

Benishek’s campaign admitted using the plane but said it was for “personal” travel.

“Our review of the candidate’s travel since March suggests two flights which, although arguably personal in nature, may need to be reimbursed at a commercial charter rate,” Trent Benishek, the campaign’s spokesman, said in a statement to the Petoskey News-Review. 

“The candidate has never run for office before, and our operation was not aware of the recent change in regulations regarding air travel, and consequently may have inadvertently erred in this regard. In an abundance of caution, our accountant is contacting the FEC to correct any reporting errors. We will take all steps necessary to ensure full compliance with reporting and reimbursement requirements.”

Brewer rejected the campaign’s explanation.

“That doesn’t excuse or mitigate the violation,” he said. “Ignorance of the law is no defense.”

Democrats are increasingly desperate to retain the seat Stupak held for nine terms. Benishek, a surgeon making his first run for Congress, has an edge on McDowell with only days to go before Nov. 2. He’s been consistently leading by several points in recent polls and there’s little doubt Republicans and conservatives in the district are motivated to vote.