Thousands of Western New Yorkers have recently received flyers from State Senator Tim Kennedy about everything from recycling rules to winter preparedness and even the eclipse. There’s been an increase in taxpayer-funded mailers sent by Kennedy’s office, just as he prepares for the upcoming special election in his run for Congress.
In all of 2023, Kennedy’s office sent 13 mailers. In just the first 3 months of 2024, he’s sent out 12.
A viewer reached out to 7 News asking if it’s legal and criticizing the pamphlets, which show the Senator’s face and could be confused with campaign materials.
Rachael Fauss, senior policy advisor with the good government group Reinvent Albany, said it appears Kennedy is within the law, but she questioned the wisdom of some of his mailers, including the one “reminding” Western New Yorkers about the total solar eclipse.
“It’s not about state services,” Fauss said. “I think in my mind, the best use of taxpayer dollars for these mailers is to let people know how they can get help from government and understand what’s in the budget and hwat are in the bills that the legislature is passing.”
The bigger issue, according to Fauss, is the timing.
Rules for members of the U.S. House of Representatives and U.S. Senate prohibit taxpayer-funded mailers within 60 days of an election. For New York State lawmakers, it’s just 30 days.
“When the blackout period for mailing those only ends 30 days before an election, that’s a considerable length of time when you can be promoting the work you’re doing … promoting your work in a way that could spill over into the election.”
Kennedy’s office said the mailers have nothing to do with his Congressional campaign, and he defended the spending.
“Anytime we do mail for my Senate office, it has to do with something that’s important to the public,” Senator Kennedy said.
“So these are simple tools to communicate important initiatives in the community to the public.”
7 News reached out to the entire Western New York Senatorial delegation. Kennedy’s 12 mailers for the first quarter of 2024 dwarfs his colleagues. State Senator Sean Ryan has sent 2 mailers, according to his office. Representatives for Senators Rob Ortt, Patrick Gallivan and George Borrello said they hadn’t sent a single mailer so far in 2024.
