The unpaid fine dates back to 2008, when All Children Matter — a group that lobbied for school-choice legislation and was run by Betsy DeVos — broke Ohio election law by funneling $870,000 in contributions through its nationwide PAC to its Ohio affiliate. | AP Photo Democrats call on DeVos to pay $5 million in long-overdue elections fines

A group of Democratic senators are calling on Trump's Education secretary pick to repay more than $5 million in election fines owed by her school-choice advocacy group.

The All Children Matter group, until recently headed by billionaire Betsy DeVos, owes the state of Ohio more than $5.3 million for election law violations — a record fine that is now nearly a decade past due, POLITICO previously reported.


Four Democrats, including Tom Udall (D-N.M.), Sherrod Brown (D-Ohio), Jeff Merkley (D-Ore.), Ed Markey (D-Mass.), and Bernie Sanders (I-Vt.), sent a letter Wednesday to DeVos that expresses "significant concerns" about the fine, and urges her to pay it.

"The blatant disregard for the law that your PAC demonstrated is deeply troubling,” the letter says. "If confirmed as secretary of Education, you would be responsible for administering our nation’s student-loan programs and ensuring that borrowers repay their loans in a timely manner. However, the PAC that you chaired failed to pay fines that were imposed on it over eight years ago. This demonstrates a serious lack of judgment by the PAC’s board and a willingness to avoid paying legally obligated public debts."

A DeVos spokesman, Ed Patru, called the Democrats' letter "a transparently political maneuver."

Patru also dismissed the years-long legal battle over the fines as "a politically driven effort to derail education reform in Ohio."

"Betsy was not a party to the suit, a trial court judge ruled none of ACM’s officers or board members can be held liable for the fine," he said. "That ruling was never challenged by the state of Ohio, and as a result, the issue was put to rest eight years ago."

A Trump transition representative suggested that the fine is no longer legally binding because of the Supreme Court's landmark Citizens United ruling in 2010. Attorneys for All Children Matter have previously said that the PAC spending would be legal in a post-Citizens United world.

"In the Ohio ACM matter, the United States Supreme Court has spoken and Betsy DeVos respects the high court’s judgment," the transition team said.

But the transfer by DeVos' group happened two years before Citizens United, and court records suggest that the Supreme Court ruling wasn't a factor in the All Children Matter case.

The unpaid fine dates back to 2008, when All Children Matter — a group that lobbied for school-choice legislation and was run by DeVos — broke Ohio election law by funneling $870,000 in contributions through its nationwide PAC to its now-defunct Ohio affiliate, according to the Ohio Elections Commission.

Essentially, All Children Matter was pushing money through its national PAC, which was based in Virginia — where there are no limits on political contributions. Ohio has a $10,000 cap on individual gifts.

The Trump transition team previously called the fine "nothing more than a partisan witch hunt by a Democratic secretary of state to undermine Ms. DeVos’ courageous advocacy for Ohio children and families."