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Complaint against Save DC Now PAC 
by Dorothy Brizill, DCWatch
October 22, 2010

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Save DC Now PAC table outside early voting center at One Judiciary Square
Joshua Lopez at table

Write in Fenty sign at early voting center at Turkey Thicket Recreation Center

DCWatch
1327 Girard Street, N.W.
Washington, D.C. 20009-4915
202-234-6982
http://www.dcwatch.com

October 22, 2010

Ms. Cecily E. Collier-Montgomery
Director, Office of Campaign Finance
2000 14th Street, NW, Suite 433
Washington, DC 20009

Re: Complaint Regarding Fenty Write-In Campaign

Dear Ms. Montgomery:

This is a formal complaint filed with the DC Office of Campaign Finance (OCF) regarding ongoing actions by the Save DC Now PAC, the “write-in Fenty” campaign.

In preparation for the 2010 election, and in keeping with District law, Mayor Adrian Fenty filed the “Fenty 2010 Committee” (PCCMYR104668) as his principal campaign committee with OCF, naming Ben Soto as the committee’s treasurer. The stated purpose of the committee was to raise and expend funds for Fenty’s 2010 primary campaign for the office of mayor. Under DC law (DC Code 1-1102.10, “Identification of campaign literature), all campaign literature, advertisements, and paraphernalia purchased by the Fenty 2010 Committee must be identified by the words “paid for by the Fenty 2010 Committee.”

With Mayor Fenty’s defeat in the September 14 primary, the Fenty 2010 Committee and the Fenty campaign must, under District law, cease its operations and close out all it accounts.

On September 27, 2010, the Save DC Now PAC, Inc., registered as a political action committee with the Office of Campaign Finance in order to raise and expend funds to promote a campaign to write-in Adrian Fenty as a candidate for mayor in the November 2, 2010, general election. Currently, however, the Save DC Now PAC is using campaign materials, including posters, pencils, and campaign stickers, that were purchased by and produced for the Fenty 2010 Committee and that bear the identification, “Paid for by Fenty 2010, Ben Soto, Treasurer. A copy of our report is filed with the Director of Campaign Finance.” At the same time and, in many instances at the same locations, the write-in campaign is also distributing campaign literature that properly identifies the write-in campaign as being funded by the Save DC Now PAC. (See the attached photographs taken at the early voting site at 441 4th Street, NW, on October 20, 2010.)

I believe that the actions of the Save DC Now PAC violate the District’s campaign finance laws, in that the PAC is using, in its campaign in the general election, campaign materials that were purchased by another campaign (Fenty 2010) for the primary election. I ask that the OCF issue a cease and desist order barring the write-in campaign from using Fenty 2010 campaign materials. At the very least, I ask OCF to hold an immediate show-cause hearing on this matter to determine how the Save DC Now PAC obtained Fenty 2010 campaign materials and whether its use of these materials violates the District’s campaign finance laws.

Sincerely,

Dorothy Brizill

cc: William O. SanFord, General Counsel, OCF
Kenneth McGhie, General Counsel, BOEE

Notary:

I, Dorothy Brizill, swear and affirm that the information contained in this complaint is truthful to the best of my knowledge.

Dorothy A. Brizill
October 22, 2010

_________________________

Notary

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