FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-ll-061

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1 1 FLORIDA ELECTIONS COMMISSION CASE REPORT Case Number: FEC-ll-061 NAME: LEON COUNTY REPUBLICAN ExEcUTIVE COMMITTEE DATE APPEAL RECEIVED: DATE HEARD BY FEC: 5/10111 DATE HEARING REQUEST RECEIVED: nla DATE REpORT DUE: (2010 G4) DATE OF ELECTRONIC RECEIPT: DATE FILING OFFICER RECEIVED REpORT: NUMBER OF DAYS LATE: 3 AMOUNT OF FINE: $1, CANDIDATE [ ] PC [ ] CCE [] POLITICAL PARTY [X] ECO[ ] STATE [ ] DISTRICT [ ] COUNTY [x] CITY [ ] FINE BASED ON: (x) NUMBER OF DAYS ( ) 25% OF RECEIPTS () 25% OF EXPENDITURES TOTAL RECEIPTS FOR REpORTING PERIOD: $13, TOTAL EXPENDITURES FOR REpORTING PERIOD: $11, DATE FIRST NOTIFICATION WAS RECEIVED: dated 10/30110 SUMMARY: Leon County Republican Executive Committee is a political party executive committee (PPX) registered with Leon County.. The PPX's chair is Dan Abel and its treasurer is Hugh Tomlinson.. Mr.. Tomlinson is representing the committee in this appeal. Mr. Tomlinson is appealing the fine claiming that he could not timely file the 2010 G4 due to the unexpected passing of a close relative on 10/25/10. Mr. Tomlinson states that "Stan Read, to whom I was very close, was discovered deceased by means of suicide." Mr. Tomlinson further states that he traveled to Georgia to serve as pallbearer at the funeral, which was held on the date the report was due. Mr. Tomlinson submitted a copy of the service program as well as an obituary from a newspaper reflecting that Mr. Read passed on 10/25/10 and that the funeral was held on 10/29/10. PRIOR CASES: The committee has not had any prior cases before the Commission. FECACTION: FINEDUE: $ TIMELY FILED: YES No UNUSUAL CIRCUMSTANCES: YES No -- WAIVER: PARTIAL -- FULL UCREASON: Aut048 (2/09) DAIE: FINEINCORRECILYCALCULATED: YES No INITIALS:

2 2 ~ ~~ LCREC To: Tracie Aulet and Division of Elections From: Dan Abel, l.crec Chairman term Date: March 15,2011 Subject: Late G4 Reporting Appeal To whom it may concern: I was the Chairman for the L.eon County Republican Executive Committee during the time the late 2010 G4 reporting incident occurred. Please accept this letter as proof of permission for Hugh Tomlinson, the LCREC Treasurer, to file an appeal on behalf of the LCREC with the Supervisor of Elections. Sincerely, ~ Dan Abel LCREC Chairman term

3 3 Appeal 10 November 22, 2010 Florida Elections Commission 107 West Gaines Street, Suite 224 Collins Building Tallahassee, FL Re: Fine accessed to Leon County Executive Committee Pursuant to Section (3)(b) To Whom It May Concern, I am writing on behalf of the Leon County Republican Executive Committee and I send my deepest regret that our campaign treasurer's report due on Friday October 29 th was not submitted until the following Monday, November 1 st As the Treasurer, it was my responsibility to file our campaign report. Unfortunately, that week my family experienced a traumatic and unexpected death in our family. A relative, Stan Read, to whom I was very close, was discovered deceased by means of suicide. This tragic event obviously sent our family into a tailspin and I packed up and traveled to be at my family's side and to be helpful in every way. The fact that Stan was the 2 nd close family member to perish within two months added to the family's despair. As one of the closest to him and closest in age, I was uniquely able, and I felt it as my duty, to comfort my family during this week. We had family traveling into Georgia from five different states and as far as Dallas. The day our report was due, it was my honor to serve as a pallbearer at Stan's funeral, rendering me unable to file our report. This devastating event completely altered the priorities and focus of my week, and the information needed to complete the report was just over three hours away on my office computer, well beyond reach. Upon returning late on Sunday evening, I completed and filed my report on Monday. No other member of the LCREC was capable of completing this report in my absence because since becoming treasurer this spring I have started to bring our accounting into the 21 st century by instilling Quick Books Pro software for Non-Profits. No other member had access to my locked office nor had the knowledge of the software to prepare the report. I have attached a copy of the obituary, service card, and a statement from my mother who needed me that week. Please trust I did not deliberately delay filing our report, it is truly due to unforeseen and Leon County Republican Executive Committee, PO Box 11216, Tallahassee, FL 32302

4 4 unfortunate circumstances. It is my greatest hope that you will not penalize our little executive committee for my family emergency. Many committee members as well as I, have worked so hard this year for our REC and we simply cannot suffer this hefty fine imposed upon us, which personally has significantly compounded my misfortune that week. Please accept the information in this appeal as adequate and reasonable circumstances to overturn this fine. I greatly appreciate your understanding and exception in this matter. Best Regards, Hugh Tomlinson Treasurer, L.CREC f!}si9<-b:j.../-yoc;b Cc: Ion Sancho, Leon County Supervisor of Elections PO Box 7357, Tallahassee, FL Cc: Dan Abel, Chair Leon County Republican Executive Committee Leon County Republican Executive Committee, PO Box 11216, Tallahassee, FL 32302

5 ( 5 To whom it may concern: On the week of October 25 th, our family experienced a devastating and unexpected loss with the death of a close family member. Without hesitation, my son, Hugh rushed to the aid of his family and was a much needed comfort to all. Although the death occurred on Monday, it wasn't until late that night when the family was awakened with the terrible phone call of the grave news. Hugh was asked to serve as a pallbearer for the family member's funeral and service which occurred on Friday afternoon, October 29 th This death was very difficult on Hugh and like other family members who traveled from a far, remained in town for several days to console with relatives through this truly tragic time. I'm sure you can find it in your heart to pardon Hugh from any delays that may have taken place during his absence, as his presence away was required and was a gift to me, and the family. Best~

6 6 Survivors Daughter Savannah Read Son Tristan Read Parents George A. Jr. & Rosalyn Read Sisters & Brother-in-Law Cindy W & Bob Salazar Donna Benitez Nephews Logan Benitez & Michael Salazar Great Nephew Alex Salazar Several Special Aunts, Uncles & Cousins Preceded in Death by Son Colby Alexander Read Grandparents Mr, & Mrs. L.M Tomlinson Mr. &!virs. George A. Read. Sr. '11)JJ))1':~0,J~ L:iI~,~J)X ),/1' j'( ;'<', JrNlI,1U/ J'1"/I/ (f) 2003 Thomas KlnkJde. Medi:t Arts Group. inc.. Morgan HHI. CA Printed In U.S.A. 621 :s'", ~

7 '<._",..->, 7 23rt! CPsaCm rrtie LOcJ{CJJ is my shepherd; I sha{{ not want. J{e maligtfi me to Be aown in green pastures: fie feaaeth me 6eside tlie stiff waters. J{e restoretli my souf: lie feadetfi me in tfie patfis of rigfiteousness for his name IS sarg. <Yea, though I wa{~ through tlie va{{ey of tfie sfiadow of deatfi, I wier fear no e'vif: for tfiou art witfi me; thy rod and tfiy staff they comfort me. T!iou preparest a ta6{e 6efore me in tfie presence of mine enemies: tfiou anointest my fieaa with oic; my cup runnetfi over. SureCy gooaness ana mercy sha{{ foffow me a{{ the days of my rife: ana I wire awec{ in tfie nouse of the OCJ?g) for ever. In Loving :Memory of Stanfey ji. CR atf (Born June 12,1971 Ocala, Marion County, Florida (])iea October Ray City, Lanier County, GeorRia Services Two p.m. October 29,2010 Cat Creek Primitive Baptist Church Offidatillg Elder Jim Sandlin Elder Bob Dickerson I ntennent Cat Creek Cemetery Valdosta. Lowndes Coun(v, Gemxia

8 Stanley A. Read» V aldosta Dai~y Times Page 1 of 1 ( 8 Valdosta Daily' Times October 27, 2010 Stanley A. Read The Valdosta Daily Times --- Stanley A Read, 39, of Ray City, died Monday, Oct. 25, 2010, at his :residence. He was bom on June 12, 1971, in Ocala, Fla. Stanley was a truck drive:r and a member of Cat Creek Primitive Baptist Church. He is sutvived by one daughter, Savannah Read; one son, Tristan Read, both of Valdosta; his parents, Rosalyn and Gemge A. Read Jr. of Ray City; two sisters and one brothe:r-in-law, Cindy W. and Bob Salazar of The Colony, Texas, Donna Benitez of Martinez, Ga.; two nephews, Logan Benitez and Michael Salazar; one great-nephew, Alex Salazar; several special aunts, uncles and cousins.. Stanley was preceded in death by one son, Colby Alexander Read; his maternal grandparents, Mr.. and Mrs.. L.M. Tomlinson and rus paternal grandparents, Mr. and Mrs. George A. Read Sr. Funeral service will be held Friday, Oct. 29,2010, at 2 p.m. at Cat Creek Primitive Baptist Church with Elder Jim Sandlin and Elder Bob Dickerson officiating. Burial will follow in the church cemetery. He will be placed in the chutch at 1 p.m. Flowers will be accepted or donations may be made to the Cat Creek Primitive Baptist Church building fund. Condolences to the family may be expressed online at - Carson McLane Funeral Home obituaries/x /Stanley -A-Read/print

9 ION SANCHO Supervisor of Elections Leon County; Florida ( 9 November 12,2010 Mr, Dan Abel, Chair Leon County Republican Executive Committee PO Box Tallahassee, FL Sent via Certified and Regular Mail Dear Mr. Abel:: Thank you for the submission of your campaign treasurer's report due on October 29, We received your report on November 1, 2010, tluee days late, and must assess a fine of $1, Pursuant to Section (3)(b), Florida Statutes, if an executive committee fails to file a report on the Friday immediately preceding the general election, the fine shall be $500 per day for each day a county executive committee is late. A copy of (3)(b), F.S. is provided for your review.. Upon receipt of this notice, you have 20 days to either submit payment (payable to the Supervisor of Elections) to our office or submit a written appeal to the Florida Elections Commission, 107 West Gaines Street, Suite 224, Collins Building, Tallahassee, FL " A copy of the appeal must also be submitted to our office. Should you decide to file an appeal it would need to state any llilusual circumstances that prevented you from filing your Campaign Treasurer's Report on time and must include all supporting evidence you wish the Commission to consider, such as affidavits, witness statements, etc. If you appeal, in addition to submission of written documentation, you also have the right to a personal hearing before the Commission, which must be requested in your appeal If the appeal is not submitted within the prescribed 20 days, you automatically waive your right to appeal. If you have any questions concerning this matter, please contact Rebecca Wood, Election Information Specialist, Cynthia Kelley, Administrative Services Manager, Janet Olin, Assistant Supervisor of Elections, or myself at " Sincerely, ~5aJ Ion Sancho cc,: Hugh Tomlinson, Treasurer Enclosure: F.S (3)(b) Superv ~ "dw/q!t>vt1aw m 9Bff'aafiEuOW,ppeue JO~ l!elal pajals!ba8 JO pajnsui JaplSUoo aseald 'salqenlea l!ev'j P8!!!u a 8 41!M 0301A08d SI 38li83A08 30Nli8nSNI ON '" "" I!ew jeuo!lewajui )0 ssep ilue JOj alqlll!eae JOU S! l!elal pa!!!lj<l8 '"'l!ev'j A)lJoPd JO@I!BV'J sseio'jsj!oj 4l!M P<lU!qwoo <lq A1NO ilew nelal P<l!J!l.Ia8 :SJapu/watJ IUE1J1odw/ smail OM) JOj a8!ajas jejsod 8lll ilq ld<l~ AlaA!I<lP)O pj08<lj Ii a8<l,d/lew moil JOj Ja!JIluap! anb!un Ii ldl<l8aj BUiIIeW Ii :S3PIJ\OJd i!ew pa!j!lj3:j (850) 606-VOTE (8683) FAj!ry'!.' w"'~

10 .... Page 1 of 1 10 We have not yet received your 10-G4 tr~a::;urer's report which was due on 10/29/10.( n;:; we are now in the fine period pursuant to F.S (3)(b), you may wish to login and file this report as soon as possible. If you have any questions or if I may be of assistance, please feel free to give me a call. Thanks, Becky Rebecca S. Wood Election Information Specialist Leon County Supervisor of Elections woodr@leoncountvfl.go", Voice: Fax: Physical Address: 315 S Calhoun Street, Suite 110 Tallahassee FL Mailing Address: PO BOX 7357 Tallahassee FL lC

11 View Message Page 1 of 1 11 Core From: Rebecca Wood <WoodR@leoncountyfl.gov> 30-Dct :55 To: Dan Abel <chairman@leongop.com>r Hugh Tomlinson <treasurer@leongop.com> Subject: lo-g4 Report MESSAGE HTML (1695 bytes) Attachments: MESSAGE TEXT (683 bytes) MESSAGE TRACK (945 bytes) Item Type: Mail Box Type: Sent Owner UID: 539FFOOO-OABC C Parent Node: Read: yes Indexer: [ fully indexed.] Created: 30-Dct :55 Delivered: 30-Dct :55 Stored: 04-Dec :50 Path: ~<flnij~1 Additional Properties status: accepted,openedrread domain: LeonCoFI priority: Standard internet: false postoffice: ELECTIDNS C

12 12 APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR POLITICAL COMMITTEES AND ELECTIONEERING COMMUNICATION ORGANIZATIONS (Sections (1) and (1), F.S.) OFFICE USE ONLY i.~l.~_t 'le.i} ~}J?EHVISOR OF ELECTiONS l.eoh CDUt!TY, flor~dj\ zoia MAR 2b P I: 4q CHECK APPROPRIATE BOX: ~ Original Appointment of Treasurer / X-e'PPOiOlmeOI of T"'''",ee D Deputy Treasurer 1 Committee or Organization 2. Account Number 3. Telephone Leon af/f/k Re/211tt'c'i11. f;:xecu/t' e.. (k~ ~ (~50) 3;;;( f.- 39/()./ 4. Name of Treasurer or Deputy Treasurer 5. (optional) 6. Telephone (optional) j/ttcil -/tj.tttl/ns(} ti 7jig7d""j)&rrwA" JZ( ----i FltJl Ia./Cffw, [Jt p;1can (gsa) 32/~ftY10 -/.Pt..//a 4'.5S"e'C: H. J;23/;2., 8.. Srreel Addee"!J, j, 11;2 /'ese r'/.t:i., ~'1 a ~7lahss~c FL S2'S/2-9.. The following bank has been designated as the rzg)! Primary Depository, 0 Secondary Depository 10.. Name of Bank 11 Street Address ()f1;~j 6fq ~~~. /ftj Il-fJ4~de~ JfyJ:o/ 12.. City I 13. State 14. Zip Code -r;;.{ (Alii >.5(( ;:::L. -523/1 ~~~~(7 _~_...,.>,,..':i<"'... ~ ~ " " :Dq. VI,'e. r 16. Nam,, of Chairman (Print or Type) -!0 L c; Campah:m Treasurer's Acceptance of Appointment ':J.A~ I,Jl ;:;~?';IIStJN, do hereby accept the appointment as /7 treasurer or deputy treasurer for /.e.oft {~f.( 11 h.l ;f'e/juij h:tfl ~l(ccu )/C: / ---;';/. Um~,, e{./ / (Commiftee or Organization) l " I (Please Print or Type) I UNDER PENAL TIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING CAMPAIGN TREASURER'S ACCEPTANCE OF APPOINTMENT AND THAT THE FACTS STATED ARE TRUE. '/ /), DS-DE 6 (Rev. 01/08).:7/2-5:10/0 X fly // f,\ "-l,i j W4, /1t,VA- ~4-vt I I Date isignah:[re of Campaign Treasurer or Deputy Treasurer Pri~t

13 13 FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY (1) Leon County Republican Executive Committee OFFICE USE ONLY Name (2) POBox [ J Address (number and street) Tallahassee, FL lll~0~2~ City, State, Zip Code o CHECK IF ADDRESS HAS CHANGED (4) Check appropriate box(es): o Candidate (office sought).: ~ Political Committee Committee of Continuous Existence Party Executive Committee o Electioneering Communication Cover Period: From Submitted on: 11/1/ :06:39 (eastern) (3) ID Number: 94 o CHECK IF PC HAS DISBANDED o CHECK IF CCE HAS DISBANDED o CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED (5) REPORT IDENTIFIERS 8/20/ /28/2010 / / To / / Report Type ~ Original o Amendment o Special Election Report D Independent Expenditure Report (6) CONTRIBUTIONS THIS REPORT Cash & Checks $ 13,860, Loans $ Total Monetary $ 13, In-Kind $ 0.00 (9) TOTAL Monetary Contributions To Date $ 13 0, (7) EXPENDITURES THIS REPORT Monetary Expenditures $ Transfers to Office Account $ Total Monetary $ 11, , (8) Other Distributions $ (10) TOTAL Monetary Expenditures To Date $ 143, (11) CERTIFICATION It is a first degree misdemeanor for any person to falsify a public record ( , F.S.) I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete.. correct, and complete. (Type name) D:nd~tidual (0'; ior - DT;;a-;~;;- 0 D~~uty Tr;asurer electioneering commun ) x Signature (Type name) D Candidate D Chairperson (only for PC. PTY & electioneering commun organization) -== ~~ x Signature OS-DE 12 (Rev.. 08/04)

D Committee of Continuous Existence D Party Executive Committee D Electioneering Communication

D Committee of Continuous Existence D Party Executive Committee D Electioneering Communication r (1) JOSEPH L. "JOE" SMITH CAMPAIGN Name (2) 980 64th Avenue S. Address (number and street) St. Petersburg, FL 33705 City, State, Zip Code FLORIDA DEPARTMENT OF STATE DIVISION OF ELECT CAMPAIGN TREASURER'S