SENSITIVE Thnmaafiria Duncan, Esquire Office of General Counsel Fedail Election Commisrion Enforcement Division 999 E Street, N.W
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SENSITIVE Thnmaafiria Duncan, Esquire Office of General Counsel Fedail Election Commisrion Enforcement Division 999 E Street, N.W. Washington, D.C. 20463 I, Lori Sherwood, of |Rockville, Maryland 20853, am an adult citizen of the Stale of Maryland. I am filing the within Complaint with your office aa it is my belief that violations of the Federal Election Campaign Laws and Commission Regulations have occurred. Baaed on my examination of various records and documents I believe the Donna, Edwards for Congress Committee ("Edwards Campaign") has received substantial assistance by way of unreported, in-kind contributions from organizations who profess to have operated independently of the Edwards Campaign. More specifically: 1. I have learned that in her capacity as Executive Director of The Area Foundation, Donna Edwards is responsible for administering and overseeing grants that are awarded and distributed by Area. See Exhibit I 2. a) By way of example and not limitation, the Area Foundation contributed $100,000.00 in grants to the League of Conservation Voters ("LCV") from 2004-2006. See Appendix I b) That after having been intimately involved in the award of an Area grant to LCV, Dormm Edwards was appointed to the Board of Directors of the League of Conservation Voters. After receipt of grant money from Ma. Edward's group and her appcwIinerttofhelXWBoaid.IX^endo 2006. See Exhibit 2 LCV and its principals contributed over $15,000.00 to the Edwards Campaign through its board members, employees, and the LCV PAC. See Appendix 2 Ironically, Congressman Albert Wyrm who received a "scorecard rating** of 92 from the LCV was not endorsed by LCV. The difference may lie in the tact that Congressman Wyrm was in no way involved in channeling $100,000.00 to LCV prior to LCV's endorsement of Ms. Edwards, nor was Congressman Wyrm the recipient of $15,000.00 after grant monies were given to LCV by Area. 3. Similarly, in 2006 the Area Foundation contributed $35,000.00 in grants to another not for profit known as the Friends of the Earth. See Appendix! 81 Hi d bZNVP 13SND03 1VU3N39J030IJJO NOISSIWWOO NOI13313 1VM303J 03AI303U 4. Thereafter, Friends of die Earth endorsed Donna Edwards in 2006 and contributed over $5,000 to her campaigns through their hoard members, employees, and itsPAC. S* Appendix 2 5. All told, the Area Foundation awarded $ 4,289,640.00 in grants to 39 organizations from 2002-2006. See Appendix 1 6. The scenario involving LCV and Friends of the Earth has been repeated with 37 other organizations all of whom received monies from Area and had persons aligned with each group make campaign comYibutions to the Edwards Campaign. In total, the 37 other organizations contributed over $75,000.00 to the Edwards Campaign including monies from board members and employees. 7. In the course of my examination of records I also reviewed campaign literature bearing an authority line, "Paid for by 1199 SEIU Federal PAC and not authorized by any candidate or candidate's committee". See Exhibit 3. 8. Bach piece of literature in Exhibit 3, together with the expenditures made to produce the same, were paid for by 1199 SEIU. Despite the express language of the authority line, it appears mat these examples of campaign literature were not produced independently from the candidate's committee, but rather were the direct result of collaboration between the Edwards Campaign and SEIU. As such, the literature distributed by SEIU appears to inaccurately and mcoirecdy reflect mdepend^nce from me Edwards Campaign. If SEIU has collaborated with the Edwards Campaign, the expenditures of money made by SEIU to benefit the Edwards Campaign would circumvent the clear prohibitions contained in the federal election laws. 9 In reviewing available information, I have learned that according to SEIU'a website, Anna Burger, is the overseer of SEIU's national political operations. See Exhibit 4. 10. Moreover, I have learned that Anna Burger, as Secretary/Treasurer of SEIU International is a co-founder and collaborator wim Donna Edwards ma corporation charted m the District of Cblumm^ The corporation formed on February 12,2007 listed Anna Burger and DoimaF. Edwards as two of the five (5) Directors of "THEY WORK FOR US, INC." See Exhibit 5 11. "THEY WORK FOR US, INC." was purportedly formed as a nonprofit corporation in the District of Columbia for the purpose of "providing informal public policies and legislation that reflect a progressive populist agenda on economic and related issues." See Exhibit 5. 12. However, it appears that contrary to the stated purposes listed in the Articles of Incorporation of THEY WORK FOR US, INC., the entity has become a conduit for campaign contributions to the Edwards Campaign and a vehicle to openly engage in campaign activities designed, intended and directed to oppose her opponent, Albert Wynn. 13. THEY WORK FOR US has apparently facilitated placement of political advertising in conjunction with SEIU on radio stations in the Washington Metropolitan Area which support Donna Edwards and oppose Albert Wynn. See Exhibit 6 14. As Board Members of THEY WORK FOR US Donna Edwards and Anna Burger have effectively coordinated efforts of THEY WORK FOR US and SEIU in the purchase of radio and television access for the express purpose of promoting the candidacy of Donna Edwards. If proven this concerted action would constitute a violation of laws and regulations prohibiting the coordination of efforts by those who purportedly exercise independence from campaign committees of candidates. 15. In addition, the Edwards Campaign and another ostensibly independent, political organization, Emily's List have clearly joined forces. The Edwards Campaign, has utilized Emily's List funds and strategies to promote the candidacy of Donna Edwards and to oppose Albert Wynn. 16. In support of the foregoing, I learned that on January 22, 2008 the Edwards Campaign and Emily's List expressly collaborated, sending campaign messages to Emily's List supporters. The email, sent as a fund raising device was approved and expressly authorized by the Edwards Campaign. See Exhibit 7 17. Thus, it is clear that the fund raising apparatus and campaign efforts of Emily's List, together with the expenditure of funds and resources to promote the candidacy of Donna Edwards constitutes an ongoing, joint collaborative effort between the candidate's campaign and Emily's List HUB type of coordination and collaboration could violate federal ft*mpffRn finance law. 18. As noted above, in her position as Executive Director of Area, Ms. Edwards has the ability to direct and influence decision making within these political organizations. Thus, the expenditures made by the SEIU, Emily's List and others to her campaign can in no way be called mdepmdent To the contrary, ue expenditures and the activities undertaken by these organizations are interdependent, with SEIU, Emily's List and omen involved in a coordinated effort with the Edwards Campaign all undertaken to avoid federal campaign contribution limitations. 19. There are other relationships between Ms. Edwards and her contributors which are potentially questionable. For example, in her capacity as the Executive Director of the Arcs Foundation where she oversees the award and distribution of substantial monies to organizations who profess to be not for profit, I identified evidence of what appears to be campaign expenditures by grant recipients without any attribution in campaign finance records of the Edwards Campaign for campaign services provided by groups receiving Area money. 20. By way of example, the League of Conservation Voters has committed staff; retained canvassers, hind automated telephone mftsssgmg services for voter contact, promoted her campaign on the LCV website, tent mailings on behalf of Donna Edwarda which support would well exceed any statutory limitations on campaign contributions. Given the intimate relationship of Ms. Edwards to this orgsnizan'on, her capacity as a member of its Board, and the overseer of grant monies tunneled from Area to LCV, there is at least the appearance of coordination from groups who are supposedly independent Tins involvement raises serious questions about the presence of a highly sophisticated and intricate level of coordination by me groups and the campaign. Given what appears to be well developed and significant collaboration, the question that arises is whether the Edwards Csmpaign is engaged in an efM to sldit campaign federal tewa by virtue of the failure of the Campaign to reveal campaign efforts, activities and expenditures undertaken by organizations afigned with her campaign. See Exhibit 8 21. Another of the relationships which raises questions and causes concern involves allegedly independent expenditures by a 527 organization known as -Communities Voting Together" ("CIV) which is located at 1024 Blyrian Fields, New Orlean 22 1024 Etyaan Fields is also the address for MSEIU Local 100", the Association of Gxxununity Organisations for Reform, Now ("Acorn") and The Btyrian Fields Corporation. See Exhibit 9. Wade Rathke, President of Bryrian Fields Corporation is also the Chief Organizer for SEIU Local 100, Founder of Acorn, and a member of the Board of Directors of Tides Center and Tides Foundation. See Exhibit 10 Tides Received $245,000 in grant money from Area Foundation between 2002-2006. See Appendix 1 23. Donna Pharr is the Custodian of Record for ''Communities Voting Together", the Assistant Treasurer for Acorn, and Deputy Treasurer for the American Institute for Social Justice and Voting for America, Inc. Both of these organizations received a combined total of $230,000 in grants from Area between 2003 and 2006. See Appendix 1 24. Recently, the group known as "Communities Voting Together" of 1024 Elysian Fields Avenue, New Orleans, Louisiana printed and distributed thousands of handouts attacking CongressnmWyim^ Members aligned with the group were attempting to hire canvassers to assist the Edwarda Campaign.