By JIMMY LAWTON

OGDENSBURG -- Ogdensburg Democratic Committee Chairman Noah Burns has accused Wayne Ashley of failing to file a financial report and illegally polling city residents, but Ashley says these are desperate claims by the Democrats.

Burns is the son of Democratic and Working Party candidate Vernon “Sam” Burns who is running against Ashley for the mayor’s seat currently held by William Nelson.

Ashley is running on the Republican, Conservative and Independent lines.

In an email sent to NorthCountryNow.com, Burns says Ashley has been polling residents via robocalls in violation of the Federal Telephone Consumer Protection Act.

“All robocalls, irrespective of whether they are political in nature, must do two things to be considered legal. Federal law requires all telephone calls using pre-recorded messages to identify who is initiating the calls and include a telephone number or address whereby the initiator can be reached. The robocalls that city residents have been receiving do neither,” Burns wrote in the email.

But Ashley says believes the calls were most likely generated by the Democrats and that neither he nor the Republican Committee Chairman are behind the calls.

“This is grabbing at straws and apparently a last ditch effort from a desperate candidate,” Ashley said.

Ashley said he received one of the calls himself and that the call in question asked residents who they choose for mayor if the elections were held today.

“The call said press 1 for Sam Burns or 2 for Wayne Ashley. I think if I were behind the poll, I would put myself as ‘one,’ not two,” he said. “The Republican City Chairman and myself, know nothing about the robocalls other than that I received one. I did not authorize one,” he said.

As for the Vernon Burns, he also denied the calls were coming from his party.

“If they aren’t coming from me and they aren’t coming from the press then where are they coming from,” he said.

In the same email, the Democratic Committee Chairman Burns also accuses Ashley of failing to file a 32-day pre-general financial disclosure report.

“The committee to elect Wayne Ashley has also not filed the required 32-day pre-general financial disclosure report. The New York State Board of Elections mandates that any candidate running for office must file a 32-day pre general financial disclosure report. Mr. Ashley did not,” Burns said in an email. “It's only fair that we all play by the same rules.”

Ashley said that he reached out to his treasurer Donald Hooper to address the question. He said the reason no financial report was filed was because the Committee To Elect Wayne Ashley was not established until Oct. 5, which is after the date of the required report.

Ashley says that he has kept track of his personal receipts, which have been passed to his treasurer.

“The letter that includes my ID number was received Oct. 5. It was dated Oct. 1, but until (Hooper) got that letter from the state board of elections we couldn’t file a report as a committee. The one we are required to file is due Friday and it will be filed,” he said.

Board of Elections Democratic Commissioner Jennifer H. Bacon said this sort of thing is not uncommon and is usually corrected in the next report filing. She said any money spent by a candidate prior to the 32-day pre-general financial disclosure report should have been accounted for and filed, but added that it is possible to correct the issue in the next filing.

“As soon as you start collecting money, it should be accounted for. If you weren’t spending money, then it doesn’t need to be filed,” she said. “It’s fairly common that people don’t file them then go back and fix them after. I can see both sides. For someone who has all their ducks in a row and gets everything in on time that can be frustrating.”

Bacon said failing to file can result in a fine. For a first offense it is usually around $100. It is not clear whether Ashley will be fined or not.

Ashley said he has spent some of his own money on his campaign and all receipts have been filed with his treasurer and that they will be included in the report to be filed Friday. He said the attention brought to the issue is purely political.

“I have done everything above board. We should be talking about the issues not running negative campaigns,” he said. “This is pure and simple desperation.”