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Perkins Brown (10.—- SENSITIVE RLCZIVEO FEDERAL ELECTION •::o Perkins COMMISSION .-LOLR.'-.L F.U-:CTIO:^ COhi-ilSSiON o Coie 2010 SEP 17 AH 9:25 SECRETARIAT Brown ZCIO SEP 20 A 8: 3b * Bain ChriMine A. Haanerie OFFICE OF GENERAL moMi: (602) 351-8010 COUNSEL 2901N. Cental Avenue, Suite aooo PAK (602)648-7153 Phoeni«, AZ 85012-2788 niML; ClfaiiiiiicriB@paldi PHONE; 602.351.8000 (10.—- MX: 602.648.7000 MUR*. wwvKperfclnscolexom VIA FACSIMILE H SENSITIVE QO AND U.S. MAIL September 10,2010 Q ffl Fedoal Election Conunissioii 999 E Street, N.W. Wasliiiigton,D.C. 20463 Re: Politieal Advertising Disclaimer Dear CommissiQners: On behalf of the Giffords for Congress campaign committee, we file this complaint alleging violations of the Federal Election Campaign Laws by the Conservatives for Congress Committee ("CCC'*)> a self-described "group of business and community leaders who are committed to A) Exposing liberal politicians who masquerade as moderates and B) electing genuine conservatives in their place." http://conservativesfor congresscommittee.oi:g/ Respondents have violated the Federal Election Campaign Act of 1971, as amended ("FECA**) and the Federal Election Commission QTEC*) regulations implementing that Aet, by failing to include source disclaimers on at least three public communication as defined under 11 C.F.R. § 100.26. The Facts Upon information and belief, the CCC is responsible for three billboard advertisements, located along the I-10 near exit 236 in Manma, Arizona; on Highway 80 just west of Tombstone, Arizona; and at 22nd Street and Freeway in Tucson, Arizona. Each advertisement depicts Gabrielle Giffords as a puppet being controlled by House Speaker Nancy PelosL The text appearing on die billboards states, "PELOSrS PUPPET? GABBY'S GOTTA GO!'* See photograph enclosed at Tab L Contrary to Federal ANCHORAGE • BEIJING • BELLEVUE • BOISE • CHICAGO • DENVER • LOS ANGELES • MENLO PARK OLYMPIA • PHOENIX • PORTLAND • SAN FRANCISCO • SEATTLE • SHANGHAI • WASHINGTON. D.C. Perkins Cole LIP and Affiliates (Perkins Coie Brown Si Bain PA In Arizona) Page 2 Election law, the billboards contain no disclosure of the person or conunittee paying fbr the advertisement. The CCC website contains text and images that are strikingly similar to the three billboards. On the CCC website's homepage, there is a section tided "Gabby's gotta go." See ht4)://conservativesforcongresscomiruttee.oig/Default.aspx, enclosure at Tab 2. Further, the website's "videos" subdomain contains a video entitied "Gabby Giffords is <M Peolsi's Puppet." ^eehttpi/Zcoriservativesforcciiigress coirmiittee.org/Videos.aspx. See ^ also screenshots firom the "Pelosi *s Puppet" video enclosed at Tab 3, ^ I Q Violation of tfae Law ! Ml ^ The billboards constitute a "public communication" that "expressly advocate[s] the ^ election or defeat ofa clearly identified candidate." 11 C.F.R. §§ 100.26; 110.11(a)(2). ^ As such, they must contain a disclaimer that provides the reader or observer with clear <H and conspicuous notice "of the identity of tfae person or political conunittee fhat paid fbr, and where required, authorized the conununicatioa" 11 C.F.R. § 110.11(c). As evident horn the photograpfa enclosed at Tab 1, the billboards do not contain tfae required disclaimer. Conclusion This political advertising violates Federal Electicm law and regulations. Because this impnyper advertising is potentially viewed by thousands of individuals each day, we request that the Federal Election Commission conduct an immediate investigation into this matter, and subject the responsible party to the highest penalties provided under this statute. Very truly yours. Christine Hammerle ^ Counsel to fhe Giffords for Congress campaign coirmiittee Page 3 STATEOF fi\r{n>¥\Ay ) County of JM^TITAP^ ) SUBSCRIBED AND SWORN to before me this iol^ay of September, 2010. ^^^^ Aiu^ Notary Public My Commission Expires: OPRCIAL SEAL TANYA M. BLUME INOTARY PUBUC - Stale ol Ariani MIARICOPA COUNTY My Comm. Expires Mireii 1.2012 •ST Ml ' Conservatives for Congress C6mmittee fage i 012 ---irH*-* facebook | contact us i sign up | contribute conservatives for congress committee Home Videos Links About Us Contribute i UPDATE: There she goes again. Giffords wants us to remove our latest ad In the news Ml UPDATE: watch Giffords ask Questions about the war Time for real hope and change Conservatives for Congress Is a committee of Independent Southem Ariiona business and community Making health are easier, goveramerit leaders who belleva that many ef our style » current representatives In Washington do not represent the concerns of the majority off their constituents. TMs indudes protecting our borders, being fiscally responsible; supporting our armed forces, making us enorgy Independent insistini on gwemraeet Giffbnlsthlnlathc accountaUnty and hnproaini our stimnhis vworlwd, did it? entire educational system. To that end/we will work to defeat those who do not support a strong oonservathne platftorm. This Includes both Incumbents and candklates for office...and may Indude members of any. political party. By the same token, we welcome the support of all those - no matter what party they may belong to - who share our belief^ Cabby's gotta go "Republicans hate Latinos" "Our Own Government HasBeoomeOur Gabrieiie Giffords has Department of Labor Enemy"» consistently voted for policies representative and laws that are endangering Dolores Huerta's the American standard of speech praising iMng. Endorsed by Obama and Veneaialaii dictator Nancy Pelosi, Giffords simply must be voted Hugo Chavei and out of office. Arisona must act nowl saying 'Repablcans hate LatbMS," reveals that Huerta's appearance was supported by Congressman http://conservativesforcongresscommittee.OT|^ 9/9/2010 Conservatives for Cbngress'Comniittee PageZot'Z-^-^:-^ Raul IM. GrQahra Read the storv Paid br by Cnnseivatives fbr Congnas Comminee and not authorisod by any candidata or Coniwt us 81 Conservatives ibr Coi^css ComminBe, 8340 N. Thomydale MS2; Tucson, AZ 8S741 Home I Videos I Units I About Us I Contact Us I Slan Uo I Faceboolc \ Contribute 0^ O Ml 0 http://cQnservativesforcongressoQminittee.oig/ 9/9/2010 Pelosi's Puppet (0 o YouOB Ml HI OO Mm Ml .
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