House of Representatives candidate Linda Bodie’s campaign sign is displayed outside the FCU Element in Kanawha City. | Uploaded photo
CHARLESTON – A Charleston credit union is potentially violating federal election rules by displaying a campaign sign supporting its CEO for a seat in the House of Delegates.
Element Federal Credit Union displays a banner under its business sign along MacCorkle Avenue in Kanawha City endorsing Linda Bodie for the 55th House of Delegates District. Bodie is the CEO of Element FCU.
“This endorsement by FCU raises serious concerns, especially as it relates to the CEO candidate of the institution itself,” reads the voting rights complaint sent to the West Virginia Secretary of State’s office. “As an entity exempt from tax pursuant to Art. 501(c)(1), Element FCU must comply with laws restricting political activities. Federal law and National Credit Union Administration (NCUA) guidelines prohibit federal credit unions from participating in political campaigns to ensure they remain focused on meeting the financial needs of members regardless of individual political affiliation.
Akers | File photo
“Political contributions to FCU-owned property could lead to penalties from the NCUA and jeopardize FCU’s tax-exempt status, ultimately harming its members.”
The complaint states that Element Federal Credit Union should remove a political sign supporting Bodie.
In an Oct. 7 email response to the complaint, the West Virginia Secretary of State’s director of investigations agreed with that analysis and said the sign could be a violation of the Federal Election Commission.
“Unfortunately, because this is an FEC violation, our office does not have the authority to pursue prosecution,” Kimberly S. Mason wrote in an email. “There is no comparable Chapter 3 violation at the state level.”
Mason’s email also contains a link to an unidentified complainant, whose name was redacted in copies of correspondence provided to West Virginia recordfile a complaint with the FEC.
State candidates are not subject to FEC or other federal election laws. Therefore, any actual violation will be brought against the credit union, not the applicant.
Bodie, a Democrat, is seeking the House seat currently held by Republican J.B. Akers, who was appointed to the seat earlier this year by Gov. Jim Justice after Moore Capito resigned to focus on his unsuccessful gubernatorial campaign. Akers is trying to keep that spot.
When reached for comment, Bodie said she was unaware a complaint had been filed and had not seen a copy of it.
“So it’s hard to comment on it,” she said Record. “However, I am surprised that this issue has arisen at all – companies and individuals have long exercised their right to free speech, including posting signs.
“This fundamental right is central to our values here in West Virginia and across the United States. Once I review the complaint, I will be able to respond in more detail.”
Akers said he did not know who filed the complaint with the Secretary of State’s office.
“I had no desire to make any negative statements about her or her activities,” Akers said Record. “But first she made these negative comments about me and my company.
“I will say that a credit union that is tax-exempt probably shouldn’t have political ads on its premises. She’s the CEO, so she’s responsible for it. If I were the board, I would ask her why she made the decision she did.
Last month, Bodie and the state Democratic Party criticized Akers for serving as legal counsel to a conservative podcaster he called an “extremist” in a lawsuit against Kamala Harris’ presidential campaign. Akers said his client, Tim Pool, has a valid claim in civil court, which is “part of our normal democratic process.”
