Editor's note: This story was edited at 11:17 a.m. on Feb. 4, 2024 to state that Austin Ball did file a 2023 quarter-four campaign finance report.
Criminal misdemeanor charges were filed against Ward 1 Councilmember Austin Ball Thursday for alleged embezzlement and making false statements when filing campaign expenditure reports.
In November 2023, the Norman Police Department requested that the Oklahoma State Bureau of Investigation fully investigate allegations of fraud and embezzlement by Austin Ball, according to a signed Cleveland County courthouse affidavit from Oklahoma State Bureau of Investigation Special Agent Adam York obtained by OU Daily.
After a series of interviews, subpoenas for records and document searches conducted by York and other agents, York concluded that he believed Austin Ball embezzled campaign funds and filed two false campaign reports with the Norman City Clerk.
According to court documents obtained by OU Daily, Austin Ball's wife, Kayla Ball, fraudulently spent $1,404 at Walmart between June 2023 and November 2023. She was not an authorized user on Austin Ball’s campaign account.
When Austin Ball confronted her, she initially denied the spending, but later admitted to it in an interview with York. Kayla Ball told York she had the card loaded onto her Walmart app because she had previously purchased campaign supplies from Walmart because the family had free delivery.
Upon further investigation of bank records, Austin Ball reportedly discovered Kayla Ball also made a loan payment to LoanMart through the campaign account. According to court documents, campaign account bank records list $416.11 in payments made to LoanMart.
In an interview with York, Kayla Ball — whose name is not on the loan — denied making the payments to LoanMart despite her name being listed on payment records.
According to court documents summarizing a December 2023 interview between York and Kayla Ball, she claimed she mistakenly used the card as she had one from the same bank as the campaign account — BancFirst. Austin Ball asked Kayla Ball to replace the funds. She later admitted to using the funds but told Austin Ball she would not be able to replace them.
Austin Ball later explained the situation to the city clerk, Brenda Hall, according to court documents. Austin Ball told York that Hall told him to file his report including what Kayla Ball had spent and to amend it later.
Hall later told York she did not tell Austin Ball to move forward with his report. Rather, Hall told him to finish his investigation with the police and file his reports with all of the information he had, according to court documents.
On April 16, York interviewed Kayla Ball about the charges. She said she had mistakenly used the card as it was linked to her Apple Pay. In doing so, she also made payments to T-Mobile. According to court documents, campaign account bank records list $909.63 in payments made to T-Mobile. A $306.25 payment to T-Mobile is listed on Austin Ball’s 2023 quarter two campaign finance report as “under dispute.”
During his investigation, York found that Austin Ball did not list any of Kayla Ball’s payments made between June 2023 and September 2023 on his 2023 quarter three campaign finance report. The 2023 quarter three report documents expenditures and contributions from July 1, 2023, to Sept. 30, 2023. Austin Ball filed a 2023 quarter-four campaign finance report, which documents expenditures and contributions from Oct. 1, 2023, to Dec. 31, 2023.
York concluded that Austin Ball had omitted Kayla Ball’s expenditures from the reports.
Austin Ball filed a $255 payment to Dental Depot made in June 2023 as a campaign finance expense. The payment is listed on Austin Ball’s 2023 quarter two campaign finance report as “event preparation.” In an interview with York, Austin Ball claimed the Dental Depot payment was for the extraction of an infected tooth.
In the interview, Austin Ball reportedly changed his recollection of the events leading to the tooth extraction. In court documents, Austin Ball cited an alleged argument with then-Ward 8 Councilmember Matt Peacock.
At a city council meeting prior to the tooth extraction, Peacock and Austin Ball almost got into a fight according to court documents. In a text to OU Daily, Peacock confirmed the altercation between him and Austin Ball. Peacock wrote in a text message to OU Daily that during an executive session of council — discussing a lawsuit filed by former Ward 3 Councilmember Kelly Lynn, which was later thrown out by a judge and sealed, according to Peacock — Austin Ball took issue with a remark Peacock made and moved closer to him.
Peacock wrote that Austin Ball told him, “Let’s go outside and I’ll whoop you right now.” At that point, Peacock said he told Austin Ball, “Man your breath stinks.” According to Peacock, the altercation ended with Austin Ball leaving the room and slamming the door behind him.
In court documents, Austin Ball said he had an infected tooth, which prompted him to get the tooth pulled before the next city council meeting.
“Austin Ball is nothing more than a liar and a con-man, …” Peacock wrote. “It is a shame that he feels the need to drag other people down with him and his bad decisions. You don’t get to be the victim after being the bully. The people of Ward 1 would be wise to turn the page on his sullied history.”
York found that the expenditure was not campaign-related. During the 2023 city council election, Austin Ball reported $10,700 in contributions, according to his 2023 quarter three campaign finance report.
Court documents list $1,747.67 in expenditures from businesses ranging from Dollar General and Walmart to T-Mobile and LoanMart. A total of $421.93 was spent using a personal identification number or cash back at Walmart, Dollar General and a Tulsa-area McDonald’s.
The Cleveland County courthouse received a criminal misdemeanor filing, indicating Kayla Ball will be charged with one count of embezzlement, according to the court clerk’s office. She did not respond to OU Daily’s request for comment before publication.
In a Facebook post Monday, Austin Ball addressed rumors that had been circulating regarding the alleged misuse of campaign funds and falsified campaign finance reports.
“Nothing new, no harm, no foul, money is there, I got the receipts. But if the rumor is true and the city or DA waited until now, after having the information for two years, to bring a frivolous charge forward with the intent to interfere with our elections and disparage an active councilman running for reelection,” Austin Ball wrote. “At least have the courage to let me know if my kids need an extended sitter while I make bail and play their game.”
Norman's chief communications officer, Tiffany Vrska, told OU Daily that the city “has no comment on the personal legal matters of any elected official.”
Austin Ball is on the Feb. 11 ballot against David Gandesbery for the Ward 1 seat.
Austin Ball did not respond to OU Daily’s request for comment before publication.
Austin Ball was sworn into council on Feb. 28, 2023, after then-Ward 1 Councilmember Brandi Studley resigned her position and ended her reelection bid. Austin Ball won the election against Studley with 51.9% of the vote.
The full affidavit is below. OU Daily has redacted the personal information of Austin Ball from the documents.
This story was edited by Peggy Dodd and Ismael Lele. Avery Avery, Mary Ann Livingood, Sophie Hemker and Grace Rhodes copy edited this story.
Norman election guide: February 2025
OU Daily previews all races on the Feb. 11 ballot
