Lawmakers spent $30K of campaign funds on pro sports tickets

When Larry Miller goes to see the Tennessee Titans play, he's pretty close to the field.

For the past 12 years, the Democratic representative from Memphis has had a single season-ticket package. The seat is somewhere near the 10- or 15-yard-line, about 10 rows off the field. Maybe closer.

"They’re some decent seats," Miller said in a recent phone interview.

For each of those 12 years, he purchased that ticket with money donated to his campaign. They cost nearly $8,400, according to state records.

He's one of seven state lawmakers who have used campaign funds to buy tickets for Titans or Memphis Grizzlies games. And those tickets aren't cheap: A Tennessean analysis of state campaign finance records shows since 2003, at least seven lawmakers combined to spend more than $30,000 in campaign money on tickets to professional sporting events.

Miller and another lawmaker argued they purchased the tickets so they could give them away to constituents. They provide those tickets to constituents as a way to give back to their local communities and supporters, never to influence an election or otherwise curry favor, they said. They were quick to point out they never broke the law.

"It's within the rules," Miller said.

They're right. Although state law bans the use of campaign funds for tickets to sporting events, concerts or other similar activities, there's an exemption that allows essentially all ticket purchases to go unchecked. Buying such tickets with campaign funds is largely banned for federal candidates, but the campaign finance laws in Tennessee and a slew of other states either allow or don't clearly ban such purchases.

The tickets

The Tennessean analysis shows five state representatives spent $20,167 in campaign funds on Titans tickets from 2003 to 2015. Four lawmakers spent a combined $10,065 in campaign funds on Grizzlies tickets from 2003 to 2009. Some lawmakers purchased both Titans and Grizzlies tickets.

The Tennessean reviewed all campaign expenditures between 2000 and 2015 that included the Grizzlies or Titans as a vendor. The same type of analysis didn't reveal any ticket purchases for Nashville Predators games.

It's not uncommon for politicians to spend large amounts of money on campaigns, sometimes into the millions of dollars. But it is rarer for those candidates to spend campaign dollars on tickets to pro sports games.

Former Rep. Mike Turner, D-Nashville, said he donated items to constituents and charitable organizations frequently during his time at the General Assembly. Sometimes he gave away televisions. Sometimes, it was Titans tickets.

"I rarely attended Titans games. I gave them to constituents," said Turner, who spent $3,354 of campaign funds on Titans tickets.

"Some elementary school or something would have a raffle, and I would donate the tickets for them to raffle off."

The idea that giving away those tickets would in any way sway voters is unfounded, Turner said.

"It takes several votes to get elected and there are only so many tickets. No, I don’t think so," Turner said. "I was there 14 years and never got questioned at all about any of my expenditures."

Miller spent the most of any current or former lawmaker on the list. In addition to the $8,378 he spent on Titans tickets, he also spent $4,458.50 on Grizzlies tickets. He said that the money at one point may have been for a single-season ticket, as opposed to several tickets, but it was "discontinued."

Although Miller said many of those tickets went to constituents or were not used, he personally used tickets from time to time. Any time he used a ticket, he personally paid for it, he said.

Like Turner, Miller said he never used the tickets to churn up support. He has easily won all of his races since 2003, either handily defeating challengers or running unopposed. It isn't uncommon for universities to give sports tickets to lawmakers, which they in turn may give to a constituent, Miller added.

"I think my campaign donors knew that I was contributing quite often to community-type services, nonprofits, making year-round donations. I don’t think necessarily they’d have a problem with that," Miller said.

He said he thought several state lawmakers worked together to purchase season tickets with campaign funds, so that they could give away two seats close to one another. Miller said he teamed up with former House Speaker Pro Tempore Lois DeBerry, D-Memphis.

The Tennessean analysis only showed matching ticket purchases for Miller and DeBerry, a longtime state lawmaker who died in 2013. From 2005 to 2010 and again in 2012, Miller and DeBerry spent identical amounts of money on Titans tickets, according to campaign records.

Records also show former Rep. Ulysses Jones, Jr. spent $275 in 2003 on Titans tickets. The Memphis Democrat, who died in 2010, also spent $4,557.60 on Grizzlies tickets from 2003 to 2004.

Others who spent money on tickets include former state senator and current U.S. Rep. Steve Cohen, D-Tenn., state Rep. Joe Armstrong, D-Knoxville, and state Sen. Reggie Tate, D-Memphis. None responded to requests for comment left with spokesmen.

The law

At first glance, Tennessee state law seems to prohibit lawmakers from using campaign funds to purchase game tickets. But an exemption opens the door to essentially all ticket purchases.

The law specifically prohibits using campaign funds to pay for "admission to a sporting event, concert, theater, activity, charitable event or other form of entertainment."

But the law includes a caveat: "unless the event is an expense associated with a legitimate campaign or officeholder activity, where the tickets to such event are provided to students attending schools, guests or constituents of the candidate or officeholder, or persons involved in the candidate's or officeholder's campaign."

Federal election law is more stringent. Unless the tickets are purchased for a fundraiser or similar event, federal candidates can't use their official campaign money to buy tickets, Federal Election Commission spokesman Christian Hilland said.

"A federal candidate's authorized committee may not pay for admission to sporting events, concerts, theater and other forms of entertainment," Hilland said.

"Campaign funds may be used, however, if the entertainment is part of a specific officeholder or campaign activity such as a fundraising event to raise contributions. They may not be used for a leisure outing at which the discussion occasionally focuses on the campaign or official functions."

State laws vary on whether candidates can use campaign funds for sporting events. A 2014 analysis from the National Conference of State Legislatures shows that many, if not most, states don't allow candidates to use campaign funds for personal use. But when it comes to campaign or political activity, most states either allow or don't clearly address spending excess campaign funds on tickets to games.

Some state campaign laws may have been updated in recent legislative sessions, said NCSL senior policy specialist Katy Owens Hubler.

California law is similar to Tennessee law. A candidate can't use campaign funds to cover the costs of anyone attending a game "unless their attendance at the event is directly related to a political, legislative, or governmental purpose." Idaho law is in the same vein, banning game ticket purchases "not associated with an election campaign." There are similar laws in about a dozen other states, according to the NCSL analysis.

Utah law specifically bans campaigns from buying tickets to "sporting, artistic or recreational" events, but it's one of only a handful of states clearly banning the practice. Michigan law bans "gifts, except brochures, buttons, signs, and other printed campaign material."

But most states have campaign laws that don't come down one way or the other. Minnesota's law outlines several expenses that are expressly allowed, but includes a section that says expenses are legal if they "are reasonably related to the conduct of election campaigns." The majority of laws included in the NCSL analysis include some sort of similar passage.

Turner and Miller said they knew state law allowed purchasing tickets with campaign funds, and questioned why they were being asked about buying tickets.

"It’s not like we broke a federal law or something," Miller said.

The Titans' first home preseason game is Sunday against the St. Louis Rams.

Reach Dave Boucher at 615-259-8892 and on Twitter @Dave_Boucher1. 

LAWMAKERS' SPENDING ON PRO SPORTS TICKETS

From 2003 to 2015, seven state lawmakers combined to spend more than $30,000 on tickets to Tennessee Titans and Memphis Grizzlies games. Here are the top five:                        

• Rep. Larry Miller, D-Memphis: $12,836.50 ($8,378 on Titans tickets, $4,458.50 on Grizzlies tickets)
• Former Rep. Lois DeBerry, D-Memphis: $6,475 on Titans tickets
• Former Rep. Ulysses Jones, Jr., D-Memphis: $4,832.60 ($4,557.60 on Grizzlies tickets, $275 on Titans tickets)
• Rep. Mike Turner, D-Nashville: $3,354 on Titans tickets
• Rep. Joe Armstrong, D-Knoxville: $1,685 on Titans tickets

TENNESSEE CAMPAIGN FINANCE LAW AND BUYING TICKETS

Tennessee code 2-10-114 seems to ban campaigns from buying tickets to games with campaign funds. But an exemption in the law allows such a purchase in essentially any case. Here's the law: 

"Expenditures that are specifically prohibited under this section include, but are not limited to...Admission to a sporting event, concert, theater, activity, charitable event or other form of entertainment, unless the event is an expense associated with a legitimate campaign or officeholder activity, where the tickets to such event are provided to students attending schools, guests or constituents of the candidate or officeholder, or persons involved in the candidate's or officeholder's campaign."