Ron Wyden

DES MOINES, Iowa -- High-ranking Senate Democrat Ron Wyden has claimed that Health Secretary Robert F. Kennedy Jr. broke the law with recent phone calls urging third-party candidates to drop out of two Iowa congressional races.

In a complaint to the U.S. Office of the Special Counsel filed Monday, Wyden requested an investigation into whether the June calls violated the Hatch Act, a 1939 law that restricts certain political activities by federal employees. The Oregon Democrat said Kennedy acted inappropriately by interfering with elections that President Donald Trump's Republican administration wants GOP candidates to win.

"Kennedy has spent sixteen months using his official position to undermine the health and well-being of his fellow Americans, and now he is using his official position to undermine the integrity of democratic elections too," reads a statement from Wyden, the ranking member of the Senate Finance Committee, which plays a role in overseeing the nation's health agencies.

The accusation comes as Trump has dispatched Kennedy to swing districts around the country as a key surrogate for the administration. It takes issue with another task Kennedy reportedly did on behalf of the administration: calling Libertarian candidates to push them to drop out of two races where they could be spoilers for GOP candidates. At stake is control of Congress in a competitive midterm election year, where any win could be decisive in shaping the next two years of federal policy.

The calls Wyden references in the complaint include a June 8 call with Marco Battaglia, a Libertarian candidate running in Iowa's 3rd Congressional District, and a June 11 call with Rick Stewart, a Libertarian candidate running in Iowa's 2nd Congressional District.

They are among the three of Iowa's four congressional districts that are expected to be some of the most competitive in the country, and Libertarian candidates in recent election cycles have drawn support from 2% to 3% of voters. Republicans in Iowa filed challenges to Battaglia's and Stewart's nominating paperwork, and Battaglia was removed from the general election ballot, while Stewart remains. Both cases are being appealed in district court.

"They don't want our people in there. They feel we are spoilers," Stephanie Berlin, chair of the Libertarian Party of Iowa, said Tuesday.

Berlin sat alongside Stewart when he spoke with Kennedy and was the one to record the call, which she said she interpreted as Kennedy offering quid pro quo even as he "skirted the line."

Kennedy did not make any specific request of or offer to Stewart in the recording, according to a copy shared with The Associated Press. Kennedy said he could be Stewart's "liaison with the White House" and suggested Stewart could, like Kennedy himself, "make an agreement that puts me in a position where I can make a real difference in people's lives."

"I can't go into specifics because, you know, there's legal prohibitions about that," he said. "If it's something that you want to work on together ... if there's other ways that you think you might be effective, you know, like I said, I will be your advocate."

Stewart told the AP it was clear that Kennedy wanted him to drop out, though he said he suspects Kennedy "did his best to stay on the correct side of the law."

Wyden was more explicit, saying Kennedy's offer of federal employment to Stewart amounted to illegal quid pro quo and that Kennedy needed to be held accountable.

Battaglia also told the AP last month that Kennedy called him to encourage him to drop out of the race but he did not have a recording.

"I don't want to be fighting subpoenas for the next two years instead of improving America's health," Kennedy said in the call to Stewart. "So for me, there's an immediate, pragmatic reason for this phone call."