Dem Files Ethics Complaint About Oberacker Congressional Ad

By ERIC SANTOMAURO-STENZEL
CHENANGO COUNTY
The chair of the Chenango County Democratic Committee, Patricia Giltner, filed a complaint with the New York State Commission on Ethics and Lobbying in Government late last month against State Senator Peter Oberacker, a Republican who recently announced his candidacy for Congress. Giltner alleged that Oberacker’s campaign launch ad, “Soil,” illegally used State Senate logos, footage and property.
The complaint points to several instances of the ad using State Senate symbols and property: “Soil uses footage of Oberacker at the door of his official government office (that is illegal), which displays the official New York State Senate emblem (also illegal),” Giltner wrote. “Then Soil shows official footage of Oberacker speaking from the Senate floor (illegal) with the Senate’s emblem on screen (illegal). Then there’s footage of Oberacker participating in an official Senate committee hearing (illegal), again with the Senate’s emblem on screen (again illegal). And to top it all off, Soil uses footage that is literally filmed inside Oberacker’s government office (illegal, obviously).”
In a statement, the Oberacker campaign rejected the accusations, saying the ad was cleared with NYS Senate Media Services.
“This footage was cleared for use. This is a mistake-riddled complaint made by political hacks working in collusion with Josh Riley, who is desperate to distract from the fact that he voted against millions of dollars for our district, then turned around and tried to take credit for the funding anyway,” the campaign said.
NYS Senate Media Services, which creates and manages the body’s official video and photo materials, could not be reached for comment by press time.
The complaint cites NY Public Officers Law §107(3)(d) and NY Senate Rule XV. There is no §107(3)(d) in Public Officers Law; language used in the complaint more closely matches §74(3)(d), which addresses ethics for state officials. Giltner said she will be refiling the complaint.
The Senate rules, which are separate from the state’s ethics laws, say “no portion” of televised proceedings may be used for “campaign or political purposes.” The Public Officers law prohibits the use of an “official position to secure unwarranted privileges or exemptions” including “the property, services or other resources of the state for private business or other compensated non-governmental purposes.”
Giltner told AllOtsego she filed the complaint because “my thought is that everybody needs to follow the rules.” She said “if you’re not supposed to use taxpayer funded resources, or things like that, then you shouldn’t be doing it and you need to be called out.”
Giltner also said she had consulted with other county party chairs and Democratic Rep. Josh Riley’s campaign before filing the complaint.
Emily DeSantis, COELIG chief of staff and director of external affairs, said in a statement that “The Commission on Ethics and Lobbying in Government is steadfast in its commitment to bringing integrity, trust, and transparency to state government and to administering the State’s ethics and lobbying laws and regulations zealously and fairly.
“Pursuant to the confidentiality restrictions of Executive Law Section 94 and Commission regulations, the Commission cannot confirm, deny, or comment on the existence or pendency of any investigative matter.”
Update 12/11/25: Giltner previously said she was considering whether to refile the complaint with updated legal citations. She now says she will be doing so.
