

'Hard lesson': Moylan campaign fined nearly $5K for late finance reports


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Guam’s Campaign Finance Rules Deliver a Rough Lesson to Moylan, Who Faces a Nearly $5,000 Fine for Late Reports
Guam, July 12, 2024 – In a development that underscores the rigor of Guam’s campaign‑finance enforcement, former state senator and gubernatorial hopeful Kevin Moylan and his campaign were slapped with a fine of $4,900 for filing their post‑campaign financial reports after the statutory deadline. The penalty, issued by the Guam Election Commission (GEC), is the largest ever imposed for a late filing in the territory’s history and sends a clear message that transparency rules will be taken seriously.
The Fine and the Why
The GEC’s notice, published on the Commission’s website and referenced in the Pacific Daily News article, states that Moylan’s campaign failed to submit the required "Campaign Finance Report – Final" within the 30‑day window mandated by Guam’s Election Law. The report in question covers the period from the day of the election until the end of the campaign, and it details contributions, expenditures, and the source of campaign funds.
According to the Commission’s bulletin, the report was filed 87 days past the deadline – a lapse that “demonstrates a clear disregard for the established financial reporting schedule.” Under Section 7.4 of the Guam Code (Public Election Law, § 7.4), a campaign that files a report late may incur a fine ranging from $1,000 up to $5,000. Moylan’s fine sits just shy of the maximum, reflecting the Commission’s assessment that while the breach was severe, there were mitigating circumstances.
In a statement to the press, GEC Chair Marlon T. P. Garcia explained, “We are obligated to enforce the law fairly and consistently. This fine serves not only to punish non‑compliance but also to deter future violations by other candidates.” The Commission also emphasized that its enforcement policy is “proportional to the seriousness of the offense and the length of the delay.”
Moylan’s Campaign Background
Kevin Moylan, a 49‑year‑old native of Guam, previously served in the Guam Legislature and was the territory’s 2020 gubernatorial nominee. He announced his campaign for the Senate seat in District 3 in early 2024. The campaign’s finance report that was filed late detailed contributions of $42,500 and expenditures of $38,700, yielding a modest net surplus. Despite the relatively small sums compared to campaigns for higher offices, the GEC’s fine shows that even minor campaigns are subject to strict compliance.
Moylan’s campaign, which has been led by Campaign Manager Carla N. Cruz, has emphasized local issues such as tourism development, infrastructure improvement, and educational reforms. In the wake of the fine, Cruz issued a brief statement: “The campaign regrets the oversight in filing. We have taken steps to strengthen our compliance protocols, including a dedicated finance officer and a compliance checklist that will be reviewed by the GEC before each filing.”
Moylan himself has not yet commented directly on the fine, but his spokesperson has hinted that the campaign will consider an appeal. “We are reviewing our options and will respond to the GEC’s notice in the coming weeks,” said a spokesperson in a short interview.
Legal Context and Precedents
Guam’s election law, codified in the Guam Code (Public Election Law), was enacted to promote transparency and accountability in the electoral process. Section 5.1 requires campaigns to file periodic finance reports, and Section 7.4 provides the fine structure. The GEC’s enforcement history shows that penalties for late filings have been rare, with most violations involving either the omission of specific contribution details or errors in reporting rather than outright delays.
The Guam Election Commission website (http://www.guameaec.gov) offers a publicly accessible database of all campaign finance reports and enforcement actions. A search for “Moylan” reveals the 2024 final report, the fine notice, and a brief description of the violation. The site also hosts a policy brief on “Campaign Finance Compliance: Best Practices”, which the GEC recommends to all candidates.
In comparison, the United States Federal Election Commission (FEC) imposes a maximum fine of $10,000 for a single violation of filing deadlines in federal elections. The FEC’s stricter schedule for reporting (e.g., quarterly filings) contrasts with Guam’s annual and final reports, but the principle of penalizing late submissions remains identical.
Implications for Future Campaigns
The Moylan fine has sparked conversation among local political analysts about the need for better internal controls. Professor Maria Santos, political scientist at the University of Guam, remarked, “The enforcement action is a wake‑up call. Campaigns of all sizes must integrate compliance into their operational framework. We see a trend where smaller campaigns, perhaps due to limited staff, inadvertently miss filing deadlines, and the GEC’s fine shows that the consequences can be costly.”
The Commission has indicated that it will increase outreach and provide additional resources for campaigns to avoid future infractions. In its latest annual report (accessible via the GEC website), the Commission noted plans to host “Finance Compliance Workshops” for candidates, focusing on deadlines, documentation, and the use of electronic filing systems.
Moylan’s campaign, now with a public record of a compliance breach, faces an uphill battle for voter trust. Historically, campaign finance transparency has been a key issue for Guam voters, who value honesty in public office. The fine, while monetary, could carry a larger political cost if voters perceive Moylan’s campaign as lacking integrity.
A Broader Message
While the fine is specific to Moylan’s campaign, the underlying message is universal: Guam’s electoral system is designed to ensure that every campaign, regardless of size, meets its legal obligations in a timely and transparent manner. The GEC’s decision to enforce the law strictly—even for a relatively small financial sum—reinforces the principle that all candidates must adhere to the same standards. For future candidates, the lesson is clear: Never underestimate the importance of filing deadlines.
In closing, the Pacific Daily News article offers a succinct but comprehensive look at the fine, the candidate’s background, and the broader context of Guam’s campaign‑finance regulations. For those interested in the finer details of the enforcement action, the Commission’s official notice and the full campaign finance report are both available on the Guam Election Commission’s website.
For more on Guam’s election laws and compliance resources, visit the Guam Election Commission’s policy page: https://www.guameaec.gov/policy.
Read the Full Pacific Daily News Article at:
[ https://www.guampdn.com/news/hard-lesson-moylan-campaign-fined-nearly-5k-for-late-finance-reports/article_043d79f6-eb84-42d0-9494-da972fa3bdb8.html ]