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State Rep. Simpson says Ethics Commissioner’s offense should be a civil or administrative violation – not a felony

On Thursday, Alabama Ethics Commissioner Stan McDonald appeared on the Jeff Poor Show and admitted that he has made contributions to political campaigns while serving as one of the three commissioners.

Following that admission, State Rep. Matt Simpson (R-Daphne) interviewed on the same program two hours later and said that McDonald admitted to committing a felony under the law Simpson is making an effort to reform. His proposal has been sharply criticized by McDonald.

Simpson says the current state ethics laws are overly complex and in need of reform. He used McDonald’s situation to make his case.

“It is tough for me to see how you can come on the radio and say that everybody understands the ethics law when you yourself don’t understand the law,” Simpson told Yellowhammer News.

Simpson explained that the Code of Alabama forbids members of the ethics commission, attorneys for the commission, or staff of the commission to engage in partisan political activities and that that is a felony punishable by up to ten years in prison.

When asked if McDonald’s crime was a felony under Simpson’s rewrite of the ethics laws, “No, it is not,” Simpson said. “I believe that the offense is not serious enough for prison time. I believe it should be handled as a violation civilly and administratively.”

McDonald, an attorney and former judge in Limestone County, has ten contributions to state candidates including State Sen. Sam Givhan (R-Huntsville), Huntsville Mayor Tommy Battle, Alabama Attorney General candidate Alice Martin, former Speaker of the House Mac McCutcheon (R-Monrovia), and the Republican Parties of both Limestone and Madison Counties.

RELATED: Rep. Simpson makes case as Alabama House decides on ethics reform

McDonald is an Athens attorney and a former probate judge in Limestone County. He was an active political advisor to both U.S. Senator Tommy Tuberville (R-Auburn) and former U.S. Rep. Mo Brooks (R-Huntsville). McDonald was appointed to serve on the Alabama Ethics Commission in 2019.

McDonald’s five-year appointment was unanimously confirmed by the State Senate.

Former Alabama Governor Fob James appointed McDonald as an Administrative Law Judge for the State Health Planning and Development Agency. Former Alabama Attorney General Jeff Sessions named him as a Special Assistant to the Attorney General on behalf of the Alabama Department of Transportation and former Governor Robert Bentley appointed him as probate judge in Limestone County in 2011. He did not see election in 2012.

The decision whether or not to prosecute McDonald for violating state law will be up to Alabama Attorney General Steve Marshall. Simpson’s bill passed the Alabama House of Representatives 79 to 9 on Tuesday.

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