Former Des Moines council candidate endorses opponent after being promised an appointment

Austin Cannon | The Des Moines Register

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A former Des Moines City Council candidate threw his support behind one of his former opponents after he said he was promised a charitable donation and a seat on a city committee.

Jerry Davis endorsed Skip Moore in the Ward 2 runoff in a Facebook announcement on Tuesday.

"I had a chat with one of my opponents last night, we talked for about a half an hour, I proposed that in order to get my endorsement they would have to donate 10-20% for their remaining campaign contributions, to a nonprofit Eastside charity, and a seat on a committee," the post reads. "My opponent agreed to both terms."

However, promising someone a position in exchange for an endorsement is illegal in Iowa.

Iowa code states that candidates for office cannot "promise directly or indirectly to name or appoint any person or persons to any place, position, or office" in exchange for an endorsement or support.

People who violate the law could face a serious misdemeanor charge, which is punishable by up to a year in jail and a maximum fine of $1,875.

Moore, who faces incumbent Linda Westergaard in the Dec. 3 runoff, acknowledged the quid-pro-quo agreement Thursday, but said that he would consider rescinding the offer after being told by a Des Moines Register reporter that it could violate Iowa law.

“I’m going to call him up and tell him: If there’s a law prohibiting it, I can’t do it,” Moore said.

In an interview with the Register on Thursday, Davis said he never intended to sell his endorsement.

"I was going to lean toward Skip anyway,” he said.

Davis said he wanted a seat on a board or commission so he could learn how city operations work and give a voice to the east side. The Ward 2 seat represents the city's northeast side.

"I don’t think it’s ethically wrong,” Davis said. “In the end, I’m doing it for my side of town and greater Des Moines.”

The this-for-that arrangement is the second to arise in Iowa from the Nov. 5 municipal elections.

The Union County Board of Supervisors plans to appoint a special prosecutor to examine the election in Creston in which sitting Councilman Gabe Carroll mounted a successful write-in campaign for mayor.

A Facebook post written by one of Carroll's supporters before the election outlined a plan in which Carroll would appoint the potential loser in another city election to fill his council seat if he were elected mayor.

"Based upon preliminary assessment, it has been determined that the allegations contain specific details regarding identified statutes. As such, the allegations and the factual material submitted warrant formal investigation," Union County Attorney Tim Kenyon said last week.

More: Far from Washington, 'quid-pro-quo' controversy entangles Creston mayor-elect

Davis secured 555 votes (12.5%) in the Des Moines City Council election on Nov. 5, according to the Polk County auditor's election results.

He drew enough support from Westergaard, who earned 48.7%, and Moore, who took in 38.2%, to force the runoff election. A candidate needed to earn more than 50% of the votes to win outright.

Moore, who previously served on the council from 2010 to 2018, said an interview with the Register that he'd never heard of a law prohibiting the promise of a position in exchange for support in an election. He said he planned to scrutinize the law and would reverse course if the agreement violated it.

“(Davis) wants to follow the law, and so do I,” he said.

He added that he told Davis he plans to spend all his campaign money and wouldn't have any left over to donate to a charity.

Westergaard declined to comment when reach by the Register.

Davis said he plans to again run for Des Moines City Council in four years.

Austin Cannon covers the city of Des Moines for the Register. Reach him at awcannon@registermedia.com or 515-284-8398.