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ST. PETERSBURG — The Florida Elections Commission has decided that Internet ads used by mayoral candidate Scott Wagman this summer didn't violate election rules, though the group is recommending that lawmakers clarify how old campaign laws should apply to new media.
A complaint had been filed with the commission claiming Wagman's ads violated elections law because they didn't include disclaimers declaring them "political advertisement paid for and approved by Scott Wagman for mayor."
The candidate said there wasn't room on those small, hypertext links. One click on those ads led to his campaign Web site, which Wagman said did run the disclaimer.
"Obama and McCain were doing the same thing," he said. "We didn't think it was hoodwinking the American public to see an ad on the side of a (Web) page. They know what happens if you click on it. People get it."
But while this case may be closed, the implications of online media in future campaigns is still wide open in Florida.
That may be why the commission used the Wagman case to ask state lawmakers to take an updated look at elections laws in a new era of online campaigning and social networking.
"Due to various technological advances and the increased use of electronic advertising in political campaigns … ," the commission wrote, "the Legislature should address this issue."
FEC Executive Director Simone Marstiller on Tuesday added that: "This is something that is needed. I anticipate that the full Legislature is likely to deal with that this upcoming session."
Peter Schorsch, a local blogger and ex-campaign manager for former mayoral candidate Jamie Bennett, filed the complaint against Wagman in July.
State law was "incomplete and vague" on what the campaign should have done, Wagman said. But he was sure of what the law shouldn't do: prevent him or anyone else from advertising on Google. That's a free speech issue, the real estate investor argued.
But Schorsch thinks that the commission "abdicated" its responsibility to clarify election law for future campaigns.
"They're opening the door for anybody during the next election season to do whatever they want online because there aren't any rules to govern online advertising," he said. "To me, the worst case scenario is, what if Scott Wagman had been running negative ads? (That) is the next logical step. People are going to want to know who paid for them."
Marstiller, though, said that the FEC needs to follow the Florida Legislature's lead: "We all recognize that technology has brought its own challenges. I think the commission simply wants to wait and see how the Legislature handles this."
Schorsch is no stranger to political mischief. He still owes $66,000 in fines after the FEC said he committed 40 separate election violations in 2005. And in May he was fired by Bennett after he handed out the city councilman's baseball tickets to Tropicana Field along with a request for a campaign donation.
Schorsch said Tuesday that he'll never pay the fine, and that his complaint against Wagman served its primary purpose:
"The original intent of this was to slow Mr. Wagman's campaign. This was a political action more than anything else," he said.
But Wagman, who spent $170,000 of his own money and finished fourth in the September primary, said the complaint had no effect on his campaign.
Nor, for that matter, did those Internet ads.
"It was much ado about nothing," he said.
Jamal Thalji can be reached at thalji@sptimes.com or (727) 893-8472.
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