Thursday, October 28, 2010

MEA is up to their illegal tricks again

If you are in Brighton schools, you probably got a nasty illegal postcard spreading misinformation and disinformation about John Conely, courtesy of the MEA or its affiliate. This isn't the first time the MEA broke the law in their mailings. More information on that previous illegal mailing is here and here

Here's the front of the postcard with the name and address retracted.


What's illegal about that? I also said MEA. That card says something about "8-D Coordinating Council PAC" instead of the MEA. There's the problem. There is no 8-D Coordinating Council PAC registered anywhere in the Secretary of State's website, nor is it registered at the county clerk's elections division. I called the clerk's office today, and I checked their website. The PAC is not registered.

From the Michigan Campaign Finance Act
169.247 Printed matter or radio or television paid advertisement having reference to election, candidate, or ballot question; names and addresses; rules; exemptions; statement that payment made “with regulated funds”; violation as misdemeanor; penalty.

Sec. 47.

(1) Except as otherwise provided in this subsection and subject to subsections (3) and (4), a billboard, placard, poster, pamphlet, or other printed matter having reference to an election, a candidate, or a ballot question, shall bear upon it the name and address of the person paying for the matter. Except as otherwise provided in this subsection and subject to subsections (3) and (4), if the printed matter relating to a candidate is an independent expenditure that is not authorized in writing by the candidate committee of that candidate, the printed matter shall contain the following disclaimer: "Not authorized by any candidate committee". An individual other than a candidate is not subject to this subsection if the individual is acting independently and not acting as an agent for a candidate or any committee.

(2) A radio or television paid advertisement having reference to an election, a candidate, or a ballot question shall identify the sponsoring person as required by the federal communications commission, shall bear the name of the person paying for the advertisement, and shall be in compliance with subsection (3) and with the following:

(a) If the radio or television paid advertisement relates to a candidate and is an independent expenditure, the advertisement shall contain the following disclaimer: "Not authorized by any candidate".

(b) If the radio or television paid advertisement relates to a candidate and is not an independent expenditure but is paid for by a person other than the candidate to which it is related, the advertisement shall contain the following disclaimer:

"Authorized by ............................................".
(name of candidate or name of candidate committee)
(3) The size and placement of an identification or disclaimer required by this section shall be determined by rules promulgated by the secretary of state. The rules may exempt printed matter and certain other items such as campaign buttons or balloons, the size of which makes it unreasonable to add an identification or disclaimer, from the identification or disclaimer required by this section.

(4) Except for a candidate committee's printed matter or radio or television paid advertisements, each identification or disclaimer required by this section shall also indicate that the printed matter or radio or television paid advertisement is paid for "with regulated funds". Printed matter or a radio or television paid advertisement that is not subject to this act shall not bear the statement required by this subsection.

(5) A person who knowingly violates this section is guilty of a misdemeanor punishable by a fine of not more than $1,000.00, or imprisonment for not more than 93 days, or both.

OR they did not file a Statememt of Organization for not being registered.

169.224 Statement of organization; time for filing; late filing fee; violation as misdemeanor; contents of statement; name of sponsor; amendment; statement as to receipts or expenditures; filing statement indicating dissolution of committee; exception.

Sec. 24.

(1) A committee shall file a statement of organization with the filing officials designated in section 36 to receive the committee's campaign statements. A statement of organization shall be filed within 10 days after a committee is formed. A filing official shall maintain a statement of organization filed by a committee until 5 years after the official date of the committee's dissolution. A person who fails to file a statement of organization required by this subsection shall pay a late filing fee of $10.00 for each business day the statement remains not filed in violation of this subsection. The late filing fee shall not exceed $300.00. A person who violates this subsection by failing to file for more than 30 days after a statement of organization is required to be filed is guilty of a misdemeanor punishable by a fine of not more than $1,000.00.

(2) The statement of organization required by subsection (1) shall include the following information:

(a) The name, street address, and if available, the telephone number of the committee. If a committee is a candidate committee, the committee name shall include the first and last name of the candidate. A committee address may be the home address of the candidate or treasurer of the committee.

(b) The name, street address, and if available, the telephone number of the treasurer or other individual designated as responsible for the committee's record keeping, report preparation, or report filing.

(c) The name and address of the financial institution in which the official committee depository is or is intended to be located, and the name and address of each financial institution in which a secondary depository is or is intended to be located.

(d) The full name of the office being sought by, including district number or jurisdiction, and the county residence of each candidate supported or opposed by the committee.

(e) A brief statement identifying the substance of each ballot question supported or opposed by the committee. If the ballot question supported or opposed by the committee is not statewide, the committee shall identify the county in which the greatest number of registered voters eligible to vote on the ballot question reside.

(f) Identification of the committee as a candidate committee, political party committee, independent committee, political committee, or ballot question committee if it is identifiable as such a committee.

(3) An independent committee or political committee shall include in the name of the committee the name of the person or persons that sponsor the committee, if any, or with whom the committee is affiliated. A person, other than an individual or a committee, sponsors or is affiliated with an independent committee or political committee if that person establishes, directs, controls, or financially supports the administration of the committee. For the purposes of this subsection, a person does not financially support the administration of a committee by merely making a contribution to the committee.

(4) If any of the information required in a statement of organization is changed, the committee shall file an amendment when the next campaign statement is required to be filed. An independent committee or political committee whose name does not include the name of the person or persons that sponsor the committee or with whom the committee is affiliated as required by subsection (3) shall file an amendment to the committee's statement of organization not later than the date the next campaign statement is required to be filed after the effective date of the amendatory act that added this sentence.

(5) When filing a statement of organization, a committee, other than an independent committee, a political committee, or a political party committee, may indicate in a written statement signed by the treasurer of the committee that the committee does not expect for each election to receive an amount in excess of $1,000.00 or expend an amount in excess of $1,000.00.

(6) When filing a statement of organization, an independent committee, a political committee, or a political party committee may indicate in a written statement signed by the treasurer of the committee that the committee does not expect in a calendar year to receive or expend an amount in excess of $1,000.00.

(7) Upon the dissolution of a committee, the committee shall file a statement indicating dissolution with the filing officials with whom the committee's statement of organization was filed. Dissolution of a committee shall be accomplished pursuant to rules promulgated by the secretary of state under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(8) A candidate committee that files a written statement pursuant to subsection (5) shall not be required to file a dissolution statement pursuant to subsection (7) if the committee failed to receive or expend an amount in excess of $1,000.00 and 1 of the following applies:

(a) The candidate was defeated in an election and has no outstanding campaign debts or assets.

(b) The candidate vacates an elective office and has no outstanding campaign debts or assets.


History: 1976, Act 388, Eff. June 1, 1977 ;-- Am. 1977, Act 311, Imd. Eff. Jan. 4, 1978 ;-- Am. 1985, Act 138, Imd. Eff. Oct. 22, 1985 ;-- Am. 1989, Act 95, Imd. Eff. June 21, 1989 ;-- Am. 1994, Act 117, Eff. Apr. 1, 1995 ;-- Am. 1999, Act 237, Eff. Mar. 10, 2000
Admin Rule: R 169.1 et seq. of the Michigan Administrative Code.

Either way it is $1000 that either the MEA or the so called "8-D Coordinated Committee PAC" should owe for their violatons. What brings the MEA involved here. Notice the address. 3399 E Grand River Suite 203, Howell MI. That is HQ for Central Zone MEA 8d

The MEA has a PAC. Why haven't they just used their PAC address? Maybe because it has an East Lansing official mailing address and they did not want that going out to voters. Maybe because they don't have the most stellar reputation in this county due to the antics of Joyce Powers and company on the Brighton School Board. John Conely is a threat to them, and they know it.

Either the MEA used a false address and name for their disclaimer, or their local affiliate failed to register as a PAC. Either way, they resorted to illegal tactics to do so. It's not the first time. That's how the MEA does things. It's unacceptable, and I'm turning them in for the 2nd time.

3 comments:

Communications guru said...

Oh that’s rich. Someone as dishonest as you claims the MEA broke the law. When are you going to retract that false claim about voter fraud in Arizona? Or are you going to stick with that lie?

If this false charge is true, which I doubt, isn’t it ironic that it is against Conely who, along with the Livingston County Republican Party, broke campaign finance law by advocating against Brighton Schools and students.

Like I say every tine you make up one of these phantom campaign finance violations, file a complaint. The most partisan SOS ever only pursues alleged violations against Democrats and those friendly to them.

Republican Michigander said...

The LCRP did not break the law. That's a bald face lie that you spewed on your blog. It's just like your editorial days with the Argus. You made stuff up.

As far as this complain goes, I have it typed up, and I'm sending it in tomorrow. This will be filed.

Communications guru said...

Wrong.

I have never lied, spewed or made “stuff up” on my blog or at any newspaper I ever worked at. I’m sure you and many other righting tools have tried to prove that and have failed. And, unlike you, if I make a mistake or information comes to light that I was wrong I correct it or retract it. Like I said before, I’m still waiting for you to retract your lie about voter fraud in Arizona.

Well, good for you. Like I said, your complain (sic) will find friendly eyes.