Ward 4 Candidate Risks AADL Nonprofit Status and Violates Campaign Finance Act With Video Ad

by P.D. Lesko

Aiden Sova, current President of the Board of the Ann Arbor District Library, posted a video to his Facebook campaign page in which he identifies himself as the President of the AADL Board, speaks on behalf of the AADL, and campaigns for the Ward 4 City Council seat using the Malletts Creek branch of the Ann Arbor District Library as his backdrop. In the video, as he walks through the library, Sova says “I’m already delivering for the Fourth Ward. As Library Board President, I am proud of how we have expended collections, created vital community spaces and increased branch programming. Bringing this proven track record to City Council is my top priority.” The Facebook campaign video is missing the required “not authorized by” [the AADL] and the “paid for” [by Sova’s campaign] disclaimers, as well.

Under the Michigan Campaign Finance Act (MCFA), political materials that do not include a required “paid for by” and/or “not authorized by” disclaimer are considered a violation of Section 47 MCL 169.247. A violation of Section 47 MCL 169.247 is a misdemeanor punishable by a $1,000 fine, 93 days in jail or both.

AADL Dir. Eli Neiburger was asked in an email if he knew that Aiden Sova had used both his position as President of the AADL Board, and the Malletts Creek library branch for a political campaign video. Neiburger responded that “AADL wasn’t involved in this video.”

Aiden Sova did not answer emails seeking a comment.

The Ann Arbor District Library is a 501(c)3 non-profit. The Internal Revenue Code that governs non-profits strictly forbids a non-profit from directly or indirectly using its resources to tell voters how and for whom to vote. Non-profits that use their resources in partisan communications risk losing their non-profit status.

According to the IRS, “Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.”

In the Facebook campaign video, Sova takes credit for increases in the AADL’s collection of materials, increased programming and increased use of its meeting rooms. All of these services are overseen by AADL staff and the Exec. Dir., not the AADL Board of Directors.

The Board’s Bylaws set forth the Powers and Duties of a Board member and the President: “The President shall preside at all meetings of the Board, appoint committees with the approval of the Board, authorize calls for any special meetings and generally perform the duties of a presiding officer. The President shall have the power and authority, on behalf of the Board of Trustees, to perform all acts, execute and deliver all documents and take all steps necessary and appropriate to effectuate the actions and policies of the Board.”

In the bio on his campaign website, Sova writes about himself in the third person that, “Under his leadership, the Board has maintained rigorous budget oversight.” Sova’s website also says: “I will bring my experience on the Library Board to guarantee our tax dollars are spent effectively and transparently.”

Elected in November 2022, between 2023 and 2025, AADL ran a deficit in two of the three years Sova has served on the Board of Directors, according to 990 federal income tax returns.

Sova’s campaign website also stresses the importance of equity.

Federal income tax records show the AADL’s Associate Dir. who is a woman is paid $70,000 (45 percent) less per year than Dir. Eli Neiburger. Three years into her job, that Associate Dir. still earns $55,000 less per year than Neiburger did when he was the Associate Dir. under Dir. Josie Parker in 2022, the year Sova was elected.

Aiden Sova was asked in an email if he’d consulted the AADL’s attorney prior to making the campaign video at the Malletts Creek branch. Dir. Neiburger says Sova did not. Sova has not yet responded.

Sova, endorsed by Mayor Taylor and City Council members, faces Dr. David Zeglen in the Ward 4 primary election. Zeglen earned a Ph.D. in Cultural Studies from George Mason University and works at the University of Michigan’s International Institute as a Lecturer I in International and Comparative Studies. Zeglen’s endorsements include mayoral candidate Yousef Rabhi, U.S. Rep. Rashida Tlaib, and the Ann Arbor Education Association, among others.

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