HomeMy WebLinkAboutElection Violation Complaint Records - resolved without litigation - Weiers 2020 - 7/23/2020From:Bower, Julie
To:"Chuck Foy"
Bcc:Bailey, Michael
Subject:EC20-005
Date:Thursday, July 23, 2020 8:58:00 AM
Attachments:16-925 - Advertising and fund-raising disclosure statements.pdf
Mr. Foy,
The Clerk’s Office is in receipt of your complaint dated July 22, 2020 (EC20-005)
referencing text messages sent regarding Glendale candidate Michelle Robertson.
A.R.S. § 16-925(A) requires:
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.
2. Whether the expenditure was authorized by any candidate, followed by the
identity of the authorizing
candidate, if any.
However, A.R.S. § 16-925(E)(1) provides an exception for text messages:
E. This section does not apply to:
1. Social media messages, text messages or messages sent by a short message
service.
Therefore, the complaint is dismissed and the matter is closed. I have attached the full text
of A.R.S. § 16-925 for future reference.
Thank you,
Julie
Charles Foy
Glendale, AZ 85306
July 22, 2020
Via Email
Ms. Julie Bowers
City Clerk
City of Glendale
5850 W. Glendale Avenue
Glendale, AZ 85301
Re: Arizona State Election Law Violations
Dear Ms. Bowers:
This afternoon, I received a text message from telephone number (see attached
photo #1) declaring, “Civil Rights leaders say 'no' to Michelle Robertson because she falsely
accused a black man of harassing her when he rejected her: https://tinyurl.com/y2ra2qpk”
While I did not click on the URL in the message I received, an acquaintance did and forwarded
the image in attached photo#2 to me, “Hey _____ I received this text from some unknown
number. Just wanted you to know what’s being spread. Civil Rights leaders say ‘no’ to
Michelle Robertson because she falsely accused a black man of harassing her when he
rejected her: https://tinyurl.com/.y2ra2qpk”
Neither the first, or second, message received contained any information identifying who paid
for this obvious political advertisement in support of Jerry Weiers in violation of Arizona
Revised Statute 16-925:
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.
I request your office immediately open an investigation into this matter and follow the process
outlined below when it is determined who is responsible for these messages.
Campaign Finance Law Violation Text Message
July 22, 2020 Page 2 of 3
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 may have a distinct Conflict of Interest in making any decisions on the
validity of this complaint. 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
Campaign Finance Law Violation Text Message
July 22, 2020 Page 3 of 3
Photo #1
Photo #2
From:Chuck Foy
To:Bower, Julie
Subject:Re: EC20-005
Date:Thursday, July 23, 2020 9:08:31 AM
Julie,
Thank you so much for the quick response. I appreciate your taking the time to do so
and accept your explanation.
Charles Foy
On Thu, Jul 23, 2020 at 8:58 AM Bower, Julie <JBower@glendaleaz.com> wrote:
Mr. Foy,
The Clerk’s Office is in receipt of your complaint dated July 22, 2020 (EC20-005)
referencing text messages sent regarding Glendale candidate Michelle Robertson.
A.R.S. § 16-925(A) requires:
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.
2. Whether the expenditure was authorized by any candidate, followed by the
identity of the authorizing
candidate, if any.
However, A.R.S. § 16-925(E)(1) provides an exception for text messages:
E. This section does not apply to:
1. Social media messages, text messages or messages sent by a short
message service.
Therefore, the complaint is dismissed and the matter is closed. I have attached the
full text of A.R.S. § 16-925 for future reference.
Thank you,
Julie