• Abstract and Figures
• Public Full-text

STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION In Re: Holly Raschein Case No.: FEC 14-289 IO: Emmett Mitchell, IV, Esquire Division of Elections Coates Law Firm PL 500 S Bronough Street 115 East Park Avenue, Suite 1 Room 316 Tallahassee, FL 32301 I allahassee, FL 32399 NOTICE OF HEARING (AUTOMAIIC FINE) A hearing will be held in this case before the Florida Elections Commission on February 25, 2015, at 1:00 pm, or as soon thereafter as the parties can be heard, at the following location: Senate Oflice Building, Room 110-S, 404 South Monroe Street, I allahassee, FL 32399, Failure to appear in accordance with this notice will constitute a waiver of your right to participate in the hearing Continuances will be granted only upon a showing of good cause This hearing will be conducted pursuant to Section 106 25, Florida Statutes, which governs your participation as follows: If you are the Respondent, you may attend the heating, and you or your attorney will have 5 minutes to present your case to the Commission However, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless you request to be heard or the Commission requests that your case be considered separately on the day of the hearing, your case will not be individually heard If you are the Complainant, you may attend the hearing, but you wilJ not be permitted to address the Commission In addition, some cases (including those in which consent orders or recommendations for no probable cause are being considered) may be decided by an en masse vote and, unless the Respondent requests to be heard or the Commission requests that the case be considered separately on the day of the hearing, the case will not be individually heard. If you are an Appellant, and you have requested a hearing, you may attend the hearing, and you or your attorney will have 5 minutes to present your case to the Commission Please be advised that both confidential and public cases are scheduled to be heard by the Florida Elections Commission on this date. As an Appellant, Respondent or Complainant in one case, you will not be permitted to attend the hearings on other confidential cases The Commission will electronically record the meeting Although the Commission's recording is considered the official record of the hearing, the Respondent may provide, at his own expense, a certified court reporter to also record the hearing. If you require an accommodation due to a disability, contact Donna Ann Malphurs at (850) 922-4539 or by mail at I 07 West Gaines Street, The Collins Building, Suite 224, Tallahassee, Florida 32399, at least 5 days before the hearing. Sec f\Jrther instructions on the reverse side .. )!my :Mc'l(eever'T'oman Executive Director Florida Elections Commission Febmaiy 9, 2015 NOH FEC #14-289 Please 1efe1 to the infmmation below for fu1the1 instmctions related to yow patticular heating: If this is a hearing to conside1 an appeal from an automatic fine, the Filing Office1 has imposed a fine on you for yow failure to file a cainpaign treasurer's repo1t on the designated due date at1d, by filing an appeal, you have asked the Commission to consider eithe1 (I) that the repo1t was in fact timely filed; or (2) that there were unusual circUlllstances that excused the failure to file the repo1t timely. You ate required to prove yow case If the Commission finds that the 1epo1t was filed timely 01 that the1e were unusual ci1cumstances that excused the failure, it may waive the fine, in whole or in pa1t The Commission may reduce a fine afte1 conside1ing the factors in Section 106.265, Florida Statutes .. If the Commission finds that the repo1t was not timely filed and there were no unusual circU1Ustat1ces, the fine will be upheld If this is a hearing to conside1 a consent order before a determination of pr·obable cause has been made, the Commission will decide whethe1 to accept or r~ject the consent 01der. If the Commission accepts the consent order, the case will be closed and become public. If the Commission rejects the consent 01de1 or does not make a decision to accept 01 deny the consent 01der, the case will remain confidential, unless confidentiality has been waived. If this is a heating to consider a consent order after a determination of probable cause has been made, the Commission will decide whether to accept 01 r~ject the consent orde1.. If the Commission accepts the consent 01der, the case will be closed If the Commission 1ejects the consent 01der 01 does not make a decision to accept or deny the consent order, the Respondent will be entitled to anothe1 heating to determine if the Respondent committed the violation(s) alleged If this is a probable cause hearing, the Commission will decide if there is prnbable cause to believe that the Respondent committed a violation of F101ida's election laws. Respondent should be p1epaied to explain how the staff in its recommendation incorrectly applied the law to the facts of the case.. Respondent may not testify, call others to testify, or introduce any documentary or other evidence at the probable cause hearing The Commission will only decide whether Respondent should be charged with a violation and, before the Commission determines whether a violation has occwred or a fine should be imposed, Respondent will have an oppo1tunity for anothe1 heaiing at which evidence may be intrnduced If this is an infor·mal hearing, it will be conducted pursuant Sections 120 569 and 120.57(2), Flo1ida Statutes; Chapter 28 and Commission Rule 2B-l 004, Florida Administrntive Code. At the hearing, the Commission will decide whether the Respondent committed the violation(s) charged in the Orde1 of Prnbable Cause The Respondent will be permitted to testify However the Respondent may not call witnesses to testify. Respondent may a1gue why the established facts in the Staff Recommendation do not suppo1t the violations charged in the 01der of Probable Cause At Respondent's request, the Commission may determine whethe1 Respondent's actions in the case we1e willful The Respondent may also add1ess the apprnp1iateness of the 1ecommended fine. If Respondent claims that his limited resources make him unable to pay the statut01y fine, he must provide the Commission with written proof of his financial resources at the heaiing. A financial affidavit form is available fiom the Commission Clerk FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-14-289 NAME: HOLLY RASCHEIN DATE APPEAL RECEIVED: 9/4/2014 Sr~g~~[X] DATE HEARING REQUEST RECEIVED: 9/4/14 OISTRlcT GOUNrY DATE REPORT DUE: 8/11/14 (2014 M7) ~UY r 1 DATE OF ELECTRONIC RECEIPT: 8/19/14 DATE FILING OFFICER RECEIVED REPORT: 8/19/14 NUMBER OF DAYS LATE: 8 AMOUNT OF FINE: $2,650.00 FINE BASED ON: (X) NUMBER OF DAYS (.. ) 25% OF RECEIPTS ( •• ) 25% OF EXPENDITURES TOTAL RECEIPTS FOR REPORTING PERIOD: $24,001 00 TOTAL EXPENDIIURES FOR REPORIING PERIOD: $1,787.52 DATE OF FIRST NOIIFICAIION: 8/12/14 SUMMARY: Holly Raschein is a candidate for State Representative, District 120 in the 2016 elections Audra Leigh Hill is her treasurer. Emmett Mitchell, IV is the attorney representing Representative Holly Raschein Mr Mitchell is appealing the fine claiming that the treasurer, Ms, Hill, never received the acknowledgement letter or the electronic reporting credentials According to Mr. Mitchell, there are several circumstances surrounding the late filing of the 2014 M7 report • The 2014 M7 Report covers the period from?/2/14-7/31/14; it was due on 8/11/14 • The 2014 M7Queued Transaction Reportreflects that this report was filed on 8/19/14 • Representative Holly Raschein reported receiving 8 contributions, while making 11 expenditures • The Division of Elections does not have any notes on file for Ms Raschein PRIOR CASES: None FLORIDA ELECTIONS COMMISSION In re: Holly Raschein Z0!5 JAN 30 P 3: 4 CJ Complaint No. 14-289 (' -·· ,, -~ 7- ," ·~: ::·' '"":· ... , El.E .. i I ..... ,~_,.' ' AFFIDAVIT OF DAYID JOHNSON STATE OF FLORIDA COUNTY OF LEON BEFORE ME, the undersigned autho1ity, personally appeared David Johnson, and after being sworn, deposes and says as follows: l .. I am over 21 years of age and am competent to testify as to the matters stated herein. 2 I am employed as a campaign consultant in Tallahassee, Florida .. I was hired by the Respondent in this case, Holly Raschein, to serve as campaign consultant for her 2016 re-election campaign to the Florida House of Representatives .. 3.. Sometime on or around June 25, 2014, I spoke on the phone with a staff member at the Division of Elections. During the conversation I indicated I was calling on behalf of a recently re-elected member of the Legislature who wanted to set up her 2016 campaign in order to turn over funds from the 2014 account. I made the supposition that the newly-created 2016 campaign would have to file quarterly campaign treasurer reports and was told by the Division of Elections staff member that was correct 4.. I advised Holly Raschein to file her pape1work with the Division of Elections for the 2016 election on July 2, 2014 .. This date was chosen because it was after the closing of the second campaign finance reporting qua1ter Based upon my conversation with Division staff, I believed that because paperwork was filed after the closing of the reporting quarter, the campaign would not have a campaign finance report due until October 10, 2014 .. 5 I 1elayed the information fiom my conversation with Division staff to Holly Raschein and her campaign treasurer, Audra Hill, in a June 25, 2014 email (copy attached) In the email I specifically state that if we wait to file 2016 campaign documents until July 1", we would not be required to file a report until October I o'h.

Load more

  34

Copy Link