"Senator Nozzolio is taking the hay right out of the horse's mouth," said candidate Paloma Capanna as she called upon her opponent to immediately refund a $2,500 contribution he accepted from the nonprofit group Finger Lakes Thoroughbred Adoption Program (FLTAP), Inc. on July 30, 2008. The campaign contribution was disclosed on Nozzolio's 32-day pre-general filing with the NYS Board of Elections. Capanna (D, WFP - Webster) is challenging Nozzolio (R, C - Fayette) for the NYS Senate in the 54th District.
FLTAP is a registered nonprofit corporation based in Farmington for thoroughbred horse adoption at the end of a racing career. $60,000 of taxpayer money went into the construction of the organization's barn.
"Whether it is taxpayer money or tax-deductible contributions, nonprofit organizations are strictly prohibited from giving money to a political candidate," said Capanna. "Given that Nozzolio, himself, delivered taxpayer money to FLTAP, he should have known it was a nonprofit corporation and he should have immediately refunded the contribution."
In a 1954 Congressional amendment to the Internal Revenue Code, the 501(c)(3) the nonprofit corporation became prohibited from making political contributions or supporting or endorsing any political candidates. The restraint is a condition of its preferential tax status.
Nozzolio also accepted contributions from the nonprofit corporation CDS Foundation, Inc. in the amount of $4,250 through three checks on July 6, 2007, December 13, 2007, and February 7, 2008. Capanna has likewise requested that these contributions be immediately refunded.
This is not the first time Nozzolio accpeted money from a nonprofit corporation. He accepted a contribution of $2,500 on July 20, 2007 from Auburn Memorial Hospital, made at the time that the hospital was seeking Bankruptcy Court permission to discharge creditors, laying off hundreds of employees, and shifting the employee retirement benefits to the federal government's Pension Benefit Guarantee Corporation. According to Nozzolio's Board of Elections filings, he finally refunded that contribution on January 22, 2008.
It seems like Nozzolio has been getting away with bending (or breaking) the rules for quite some time. The thing was that, before this year, he had never had a challenger. He has run unopposed and having a challenger is a new thing to him. Win or lose, Capanna has sent a clear message to Nozzolio: You might be an incumbent, but don't get comfortable.