HomeMy WebLinkAboutElection Violation Complaint Records - resolved without litigation - Weiers 2020 - 7/21/2020Glendale City Clerk
July 20, 2020
Delivered by Email
Re: Campaign Disclosure Complaint
To Whom It May Concern:
I am responding to a second complaint that appears to be an extension of the original EC 20-
002.
It appears to take issue with an additional mailer that went out with the wrong disclaimer.
I believe we have already addressed that piece in our original response, and that that was the
piece we attempted to stop but were unable to stop in time.
We attached then and reattaching here the screenshot of our mail vender attempting to stop it
before it went out.
To the best of our knowledge, there have been no further errors and our disclaimers have been
100% accurate.
As mentioned in our previous response, this was an inadvertent error that in no way misled or
harmed any Glendale voters and would still request that the complaint be dismissed with no
further action. As before, should your office disagree and want to proceed, we would formally
request an informal settlement conference at your first opportunity.
Many thanks for your attention to this matter. We standby if you have any questions and look
forward to a speedy resolution.
Respectfully,
Jerry Weiers
Weiers 2020
Charles Foy
Glendale, AZ 85306
July 23, 2020
Via Email
Ms. Julie Bowers
City Clerk
City of Glendale
5850 W. Glendale Avenue
Glendale, AZ 85301
Re: Arizona State Election Law Violations – Complaint #20-003
Dear Ms. Bowers:
Having received, and reviewed, the response to Complaint #20-003 that I filed against Weiers
2020 on July 13, 2020, I am still not convinced that Weiers 2020 made a simple mistake with
regards to the allegation in the complaint.
Mr. Weiers in his response in part states, “As mentioned in our previous response, this was an
inadvertent error that in no way misled or harmed any Glendale voters and would still request
that the complaint be dismissed with no further action.”
Perhaps Mr. Weiers does not understand the full scope of the issues in this complaint (and those
raised in Complaint #20-002 since he raised it in his response). Quite apparently, at least one
Glendale voter, me, ‘was misled and harmed’ in that I had to do my own research to find out
who sent the mail piece. And during my own research, I expended time, and energy, to learn it
was not sent by Weiers 2020, the current registered campaign committee for Mr. Weiers.
Instead, it appeared to have been sent by a campaign committee that was closed in 2017. The
disclosure on the now four (4) mail pieces clearly stated Paid for by Weiers for Mayor -
Authorized by Jerry Weiers (emphasis added).
Mr. Weiers assertion that his was an ‘oversight’ begs to have a reasonable person believe that a
total of four (4) campaign mail pieces sent on his behalf with “Authorized by Jerry Weiers” was
not ‘wilful’ as defined in the statute. I disagree and demand Mr. Weiers be held accountable for
his ‘wilful’ actions that were clearly as shown in print, “Authorized by Jerry Weiers.”
Campaign Finance Law Violation Complaint 20-003 Response
Weiers 2020 Committee
July 23, 2020 Page 2 of 2
Arizona Revised Statute 16-925. - Advertising and fund-raising disclosure statements:
A. A person that makes an expenditure for an advertisement or fund-raising solicitation, other
than an individual, shall include the following disclosures in the advertisement or solicitation:
1. The words "paid for by", followed by the name of the person making the expenditure
for the advertisement or fund-raising solicitation.
With regards to Mr. Weiers request for an ‘informal settlement conference,’ I am adamantly
opposed to such ‘informal settlement conference’ and request you follow the statute as outlined:
16-938.E. Only after receiving a referral from the filing officer, the enforcement officer may:
1. Conduct an investigation using the enforcement officer's subpoena powers, except
that the enforcement officer shall not compel a person to file campaign finance reports unless
the enforcement officer has determined that the person is a committee.
2. Serve the alleged violator with a notice of violation. The notice shall state with
reasonable particularity the nature of the violation, shall specify the penalty imposed
and shall require compliance within twenty days after the date of issuance of the
notice. The enforcement officer shall impose a presumptive civil penalty equal to the
value or amount of money that has been received, spent or promised in violation of this
article and articles 1, 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 of this chapter, except that after a
finding of special circumstances, the enforcement officer may impose a penalty of up to
three times the amount of the presumptive civil penalty, based on the severity, extent or
wilful nature of the alleged violation. If the notice of violation requires a person to file
campaign finance reports, the reports are not required to be filed until the enforcement
officer's notice of violation has been upheld after any timely appeal.
In closing, if indeed you are acting as the enforcement officer in this matter as defined in the
statute, I suggest that you have a distinct Conflict of Interest in making any decisions on the
validity of the complaint listed in #20-003. I therefore request this complaint be referred out of
Glendale to either the office of Maricopa County Attorney, or Arizona Attorney General.
Respectfully submitted,
Charles Foy
City of Glendale Registered Voter