UTAH Democratic Party COMPLAINT October 29,2004 g * 3 Office of General Counsel _ «g Federal Election Commission CT t QVt ' 999EStreet,NW MUR# D3 1^ Washington, D.C. 20463 —Lje— ID •-! TT > o i1 Dear Sir or Madam: — "" - or> en ^' I submit this complaint on behalf of the Utah Democratic Party to identity ^i obvious and massive violations of the Federal Election Campaign Act by the John *r Swallow for Congress Committee, the National Republican Campaign Committee ^ (NRCC) and the Utah Republican Committee (URC). Rather than comply with the law G| they have conspired to finance illegally a direct mail and canvassing campaign on behalf ^| of John Swallow. They have spent tens, if not hundreds, of thousands of dollars in this illegal effort. This scheme has enabled the John Swallow Campaign to accept financial support from the NRCC far in excess of what is permitted by law. This scheme suggests a pattern and practice by the NRCC of evading the law that is unlikely to have been confined to the Second District of Utah. It also appean that as part of this scheme that NRCC, the URC and John Swallow have misused the nonprofit postal permit of the URC to subsidize illegally the John Swallow campaign. In interviews, Utah GOP Chairman Joe Cannon and Executive Director Spencer Jenkins have publicly admitted the facts that constitute the violations. These violations are documented in news accounts and interviews conducted and published in the Utah Deseret Morning News and Salt Lake Tribune, (see exhibits 1-4). FACTS 1. John Swallow is a Republican and is running in the 2nd Congressional District in Utah. 2. On or about October 23 and 27,2004, URC mailed two brochures on behalf of John Swallow to some 76,000 2nd District residents. (Exhibits 5-6 ). Conservatively estimated, the value of these mailings exceed $76,000. It is believed that these were only the latest of a series of mailings by URC that were developed, mailed and paid for by the NRCC and coordinated with the John Swallow for Congress Committee. 3. Spencer Jenkins executive director of the URC told the Deseret Morning News that the NRCC printed, researched and delivered the mailings to the URC.
455 South 300 East. Suite 301 • Sill Lake City. Utah 84111 • Office: (801) 328-1212 • Fax:(801)328-1238 Duiieutdemocrats.org • www.utdemocrats.org 4. State RejnibUcan Party Chairman Joe Cannon told the Utah Deseref Morning News that he had not seen the mailings and if h had been up to him that he "wouldn't have sent h out ...State parties across the country are acting as conduits for TV and print advertising created and paid for by the national parties and that is what is happening here." 5. Joe Cannon told the Salt Lake TVttune that the fliers were produced for thfl NRCT \ry A*"^ r«™M™gMri"n« anH tha^ boxes of mailing at the party headquarters. Arena Communications, Cannon said, would take the mailings to the post office for talking under the party's pennit c\i *a 6. Bo Hannon, a spokesperson for the NRCC told the Utah /)«^f^ £' ^ewj*That was a Utah Rqjubh'can Party piece (of mail). They researched it and printed JjiJ it Wehadnothmgtodowithit"aiid"Wedidn^producefliemorpay^thenLn <\i ^3' 7. Joe Cannon p«4 Bo Harmon cannot both be tailing the truth. <=] C< g. In addition to these two mailings, the URC andNRCC has mailed and ' distributed by canvass several other pieces on behalf of John Swallow to the voters of the 2nd District 9. Joe Cannon told the Salt LakeTWfrune that NRCC workers were brought into the 2- District from outside the state to work on behalf of John Swallow. These workers were paid for their services by the URC and on information and belief the NRCC. 10. . NRCC and John Swallow have coordinated the mailings and canvassing through use of a common vendor. (Exhibit 7)
11. Qn 'tyforml"tUM> HIV^ hg^gf thg J»h«* Swallow for Pftngneag knew of and approved all the above-cited activities directly and through its agents including Arena
VIOLATIONS OF LAW The mailings do not qualify as mailings exempt from the contributions and expenditure limits under 11CFR 100.87 and 11CFR147 respectively. Each of those regulations expressly provides that mailings prepared by national party committees do not qualify for the exemption. (See 11CFR 100.87(g)and 11CFR 147(g)). Consequently these *»«''«"p having been prepared and paid for by the NRCC are subject to the contribution and expenditure limits. The nmi^pgf along with other advertising by the NRCC far exceed what the NRCC could lawfully contribute to the John Swallow for Congress Committee. Payments by the URC and the NRCC to individuals doing work on behalf of the John Swallow for Congress Committee must be considezed in-kind coDtributions. These contributions have not been reported and are beUeved to exceed the cootribution limits of the URC and NRCC to the John Swallow for Congress Committee.
On fflfixmation and belief; the National Re]^UcanQ>ngressioiialCk>mmittee aninged and paid for at least two (and apparently up to 14) pieces of advertising in a federal political race and incorrectly and intentionally misstated thai mey ware ^aidfiw by the Utah Republican Party." In so doing, the NRCC deHberately hid the true identity tf\ of who actuaUy paid ^ and authorize these ads. These deceptions took place ^ approximately one week before Election Day. It is further believed that the John *? Swallow for Congress Committee knew of and authorized these acts. v\ DONALD DUNN Chair, Utah Democratic Party I, Donald Dunn, hereby certify that the foregoing is true and correct to the best of HltttftHMTIOM MtMl DfillAi' DONALD DUNN SIGNED AND SWORN to me thi day of <3 a- G' N"! My Commission Expires: u.. . TUESDAY."OCTOBER 2*. L*'- . • :'- "•"' ."•"""" '""™?\f' ••• " • . •.?%3'*.5>tTtvrt-^-• ••!•••- TUITION iNMtt. • • M* Jk r^ VVm A«5^Bn (£< e Wl © 60*flDOD8Qf 1D0 UflEBCfl flflflUID " separate mailers that bye nan bill The UU ii still pend- gone out either supportintfj ingfaCpngreg. _ Swallow, ottlefadng MafeetonJ " J^^ftlWk --- • * i U H erboth. . -5— ~ ^HEUGJ IUIU 1E9BCE 1L •Thii mrihrtmtotn dent," aaid Jenkfan, who when • To add more irony to the first nhed about the mailer by \ miilar, in. 2002 eoueratta. theDeieretlfonitaiNewiainl- I hedidiiotrecairaiat throw tiro of fi«r pint (Bitdi piece of mail and would have to ao-called Cowboy Caucui and a rcaearchinjoritfns. .'^ .* candidate ftg apeaker^of the It ia too bad that proper UuUQ ^lOUBBi i^PQOBOVBCl A Dul "•ILiMiiiiirtfci*KDW01BDt* vMUM MBUBBA —DttBC * --B- «MMvVe^B " that pasnd the LegUatore in not : exfiibitBO^ he added, con- rathataJaoitvei dependent! finnins that the piece is about of illegal alieoa who ttve in ifift ^UyBCaVClDDlO^l UVBH& Utah flie riaJA to pay in elate althajghtfaeactisnotnanied: tuition. Swallow, who wea In New FedeHJ Beetton Oo»: the state Hbnee at the time, miaBJon ivpoits show that the. Monday eveninc Hep. Can- votodWrinetft. NHCC has spent more than |M non aaid that he ettU Ibe new etate lew hu been flUJuOD ACVOflB tufi Mllffff OO! Uibm Bdhamo idea why the for mm than • year, U.S. Houae rac Utah Bepqblkaa Party would of atndenta hive year, Utah's tod District betag one of them. IL "I dart 'know Nancy I^on, Univenliy of Ai of Tlmnday, FflC repozta Tlveili aHeBfailMwav1 vlelBB VWMi^BiVlaMlfr show the NRCC has spent jot Swallow and the NBOC bra over $1 million fan taken • lew roed In- Jenktnt aaid the NBCC and or anti-Matheson.'lV ads, mitt- the Utah Republican Party en end telephone calla. hewutfadto hive wonted Jointly on 14 IV ' o CmkKnto lIlu^irtB in Ui DMzid cmv^m ha beotttnmn into.fee * • iAb.;wfli; CO G' N1 Sri cmBBfrarelfflegalhrn work Is being done fat ami a coornliuiuy i ciimilaign. Utah." Valence odd. He who is Joe Can- Ite second will s§y that bar- declined to «r how much hii brother. The act jog - - out hi' . tuitkn to OBpeDdedtB of tow, flat Utah GOP and the'- " U —._ • • NBOC an not wwUug Vakane said Tneiday that h\ the NROTk and the Utah At flie very (east, add Dunn, OTIiactioni Tan 1he new law la dear that who-' legal The charge (by Dunn) ever helps send (iutcanme3gn .^bagtB^Valcarce said Arena* Dmmi jjaV^ ^jl • ABiul «••&!•• 4U^ WhB\1>* the IhfadJargart OOF direct . «ffi hard to believe" ^ toe •DD ••• ^^m e^DB tJaUv ^Dav • VJvHu mail operation fax the muon. * tfane SXDUBB arent TIH^'W ublican Par^'M hated on: • - BORepubtt- togetheT on the ffienTSe mailers A— notSwaltow.nottheNHpCj ft is not unusual' far GQP«- eaecnttvi to JenkJua mi the ttriiwajcThe , a bffl sponsortd by ^-eMl'bTDlnw can^agfiTTGtf MB Valcazcer wflr ' leaden in tta Utah Republi-V Dam a&nitted that he doubts nom G K] M *3r _ jo; oMpBctt •'.-. •&•• "t"; : .«• ^y •; -f f <. tonjayt^ mi cpaQ ^r tniiflp{tp>flpiltiHiiiiifl' ' G •••••, jnoc OE IbMtad Ai Print Article . . Page 1 of 1 Article Lot Updated: 10/27/2004 01:58 AM Roily & Wells: Local GOP stands up for Itself The blowup tint tod the stete Republican Party to Hop the Nidooal Republics Congressional Qanmhtee from using its nojpraft bulk miOpe^ prominent OOP omdidstfls. During • GOP meeting Unmday!representative ifio nJo n Huntsman's gubernatorial campaign, Ellis Ivory's Silt T-*!"1 Comdy mayoral ^niiffifj1* *"*! Bob Bennett? • •**>BtniPM^ campaign criticiud tfao f*tMfgTFfn*' *mt of ^ NRCCidiindfltaanbeiilfofcon^ J The message fiom Hie NRCC: We're going to keep doing wfatt we ire doing tnddiere is nothing you can do O abontit hr.| Not only did state GOP chainnan Joe Caniiond^samedimgabom it by revo^ ^! to ose the Utah Republican PailymaUpennh, he iiifoimedRe^ ^, California to walk dooHo-door on behalf of Swallow that their ejq>enfes would not be refanbursed by the state Q • p'rty- or* Utah Republican Party officials have been swamped by complaints from callers mcensed at some of the ™ j c«mr>ign fliers, inchiding ones that crhieiipd Demo mimigraiit-MendrybUl that actuaUywu sponsored by Repu^ supporting a national prescription drug bill that was endorsed and pushed thnnighOmgress by the Bush admhiistratioiL When the complaints were forwarded to the NRCC, ofBcials there fidsery denied responsibility for the fliers, What comes around ... Two yean ago, several Republkm Party officials were stripped of party jobs by Sah Lake Comity GOP leaden for endorsing Democratic OxrntyCouitil member RariyHc^ Republican Brace Readrng. Tlie officials eventually were reinstated and the leaden who punished tiiemre^ Now, Reading is fbeUng the heat far his publicized support this week of DemooaticSahUkeCoimtymsiyoral candidate Peter Corroon. E-mails ciiculathigmroughom the party suggest Readmg be kidc^ Coinniittoe-Readtag clamed mnccerice Tuesday, s Learning by example? The students at Ensign Elementary, who have been taught conservation and responsibility, wen troubled Monday momuig while notfeing sprinklers ninning at the Salt Lake Chy-run llth Avenue Park for an hour during a rainstorm. Paul Rolfy andJoAm Jacobsm-Wdls wtteomg f-motf at nlfy_w*Ui$)ttoib.com I ls/print_article,jsp?article-2434372 10/29/2004 amito payfiior etha n t get in-state tuition •a* Jim Matheson wants to give it away... Utah Republican Party 117 E. South Temple Salt Lake City. UT 84111 218 180 3*011' , |Paid lor by the utan RepuMcan Partyj r : Uta• • h' familie4t '• - s" pa- y taxe-'••-i s for the right to pay in-state tuition... last year, the State of Utah spent more than S619 million to fund Utah's Colleges and Universities. Where docs the state gel the money? From Utah families. The average Utah family pays more than S-3,603 in stale taxes each ye-ar. (7 G And each Utah family's share of the budget for higher education is more than $600. And Matheson wants to ive it away to those who are here illegally. , Jim Matheson is heading the fight of illegal immigrants — who don't pay into the system - the right to pay in- state tuition for College. -4 I Jim Matheson. Wrong for Utah Families. Why is Jim Matheson Siding With BIG DRUG COMPANIES Instead of Utah Seniors? Utah Republican Party 117 E. South Temple 218 180-34012 SaH Lake City. UT 84111 H |Paid tor by the Utah Republican Party! LMafife Seniors WaeeT Affordable P. ascription Drugs So Why Did Jim Matheson Vote to give BILLION TO &IQ DRUG COMPANIES? ^669.11/23/03) Jim Matheson voted to ln2DD3, Jim Matheson vote- create a new Medicare to add S500 billion to the prescription drug federal budget by adding a entitlement. The cost of prescription drug benefit to this program adds Medicare that does little for over S50O billion seniors and benefits biq to the federal budget. The program does very against allowing seniors to little to help access more affordable seniors and drugs in Canada. really benefits big drug companies. FACIMACffi 24962668938 (P^o 24 of 36) Pigolofl MHB HM flHW VI^^HNI NHHIM WPR^MI^RBHB ^VRl L H^HB^W^^WH^lMIHBVI^^B ft"" Lfi u? MIC? LTi G' a- PA 9ml fo" V VooV •rtLrivC* ur TRAVEL AND •••• 10M8BD4HE1TOO tis I* ' "oi" ' Wa004 " ur lath tt I GAIL lUMTMi ^ 10/28/04 RRC. 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