Andrew Cuomo isn’t running for office, but you’d be excused for thinking he is.

The former governor is doing all the things that candidates typically do, like spending money on television advertisements and speaking at various churches on Sunday mornings.

Just Monday morning, the Cuomo camp released an emailed statement about a new advertisement:

“Team Cuomo announced the launch of ‘The Record’, a new television and digital spot that demonstrates the many new rights, protections, reforms and infrastructure victories that New Yorkers achieved together under Governor Cuomo’s leadership.”  

Cuomo is also considered a candidate by the New York State Board of Elections.

The board stated its position in a response to a complaint filed by good government groups in September. The decision has organizations like Common Cause New York crying foul.

“Campaign finance law is supposed to be specific. Funds that you raise in order to run for office are handled in a special category,” Common Cause NY Susan Lerner said. “They are not considered income. They’re not taxed. And because of that they’re subject to specific regulations that prohibit them being used for anything other than campaign purposes or activities actually related to holding office.”

Cuomo and his spokesman have repeatedly stated that the former governor is not running for office. Instead, according to good government groups, it appears he is using his campaign cash to rebuild his reputation.

“He is spending his money, this money, as if he is a candidate to burnish his own reputation and to besmirch the reputation(s) of the women who were brave enough to come forward and reveal the sexual harassment and abuse that was taking place,” Lerner said. 

Good government groups have been complaining for years about the state’s loose attitude toward how candidates may spend their campaign war chests. Lerner attributes that historical laxity to the Board of Elections’ attitude toward Cuomo’s spending.

“I think this is part of the same problem; this is an enormous gap in our campaign finance laws,” she said. “It basically turns the money that is raised to run for office…into a personal slush fund.”

A bill sponsored by state Sen. Alessandra Biaggi and Assemblyman Phil Steck (S.7874/A.8371) that would no longer allow an elected official who resigned in disgrace to use campaign funds for certain activities is being supported by Common Cause NY.