RPOF Counterattacks Karen Thurman on Finance Complaint

Last week, Florida Democratic Chair Karen Thumran filed a complaint with the Elections Commission against the Republican Party of Florida. In the letter, Thurman said that former GOP boss Jim Greer and treasurer Joel Pate did not disclose all the RPOFs finances. Thurman said that the paperwork the RPOF filed with the Federal Elections Commission did not match what they sent to the State Division of Elections.

The specific complaints from Thurman are as follows:

In the current cycle, the RPOF has reported to the Federal Elections Commission receiving $6,481,469 and expending $6,896,984. In the 2007-2008, election cycle, the RPOF has reported to the Federal Elections Commission receiving $34,416,232 and expending $34,434,621. [See attached Federal Election Commission summary reports for 2007-2008 and 2009-2010.] These contributions and expenditures have not been included on its reports of all contributions received and all expenditures made as required by Section 106.29, Florida Statutes, that are filed with Division of Elections.

The RPOF, its chairman and its treasurer, have violated Section 106.29(1), Florida Statutes, by failing to file reports with the Division of Elections of all contributions received and all expenditures made by the RPOF.

The RPOF, its chairman and its treasurer, have violated Section 106.19(1)(b), Florida Statutes, by failing to report contributions required to be reported by Chapter 106, Florida Statutes.

The RPOF, its chairman and its treasurer, have violated Section 106.19(1)(c), Florida Statutes, by failing to include information in its campaign treasurer reports filed with Division of Elections required by Chapter 106, Florida Statutes.

The Republicans counterattacked today when their lawyer Jason Gonzalez, an attorney with Ausley & McMullen, sent Thurman a letter demanding she withdraw her complaints. The letter reads:?

Dear Ms. Thurman:

This law firm represents the Republican Party of Florida. We are in receipt of the election complaints that you filed last week against the Republican Party. The purpose of this letter is to demand the immediate withdrawal of these baseless complaints.

As you are undoubtedly aware, Floridas campaign finance laws are expressly preempted by the Federal Election Campaign Act and regulations of the Federal Election Commission. See 2 U.S.C. 453; 11 C.F.R. 108.7. The latter regulation specifically provides that federal law supersedes state law concerning the disclosure of receipts and expenditures by Federal candidates and political committees.

The Federal Election Commission has repeatedly confirmed that federal law in this area supersedes state laws. In Advisory Opinion 1993-14, for example, the Commission wrote to the Chairman of the Rhode Island Democratic State Committee concerning the effect of Rhode Island law on his partys federal account. The Commissions opinion confirmed that the state partys federal account was not subject to state campaign finance requirements and that the Federal Account needs to comply only with the Federal registration and reporting requirements.The Republican Party of Florida, like the Florida Democratic Party, maintains a federal account and is registered as a federal political committee. All of the Republican Party of Floridas receipts and expenditures related to federal election activity are reported on the appropriate federal reports. Any suggestion that Florida law would require this information to be included on the separate state reports is without merit based on the authority described above.

Both Florida law and the rules of the Florida Election Commission provide for an award of attorneys fees and costs to discourage the filing of frivolous complaints. The Republican Party of Florida will agree not to seek these fees provided the above-referenced complaints are immediately withdrawn. Failure to withdraw the complaints will result in a vigorous defense and a motion to assess attorneys fees and costs against both you and the Florida Democratic Party.

Please advise me of your intentions no later than 5 p.m. on March 11, 2010.

Despite not getting the official letter yet, the Democrats responded late this afternoon. With Governor Charlie Crist and Attorney General Bill McCollum ducking their responsibility in order to protect their political cronies and keep the backroom deals at the Republican Party secret, Chair Thurman renews her demands for an independent investigation into the Republican culture of corruption and stands by her complaint to the Florida Election Commission, said Florida Democratic Party spokesman Eric Jotkoff. Jotkoff also said that while he had seen emailed copies of the letter that Gonzalez wrote, the Democrats have not yet received the actual letter.