Friday, October 30, 2009

The rest of the story . . .

So I received an email (with the 2 complaints below) from Mr. Adam Ragan, investigator for the State Board of Elections. Mr Ragan was seeking answers to questions he had about the allegations made in the complaints. After a pleasant phone discussion in which I provided the answers he was seeking, it was determined that we would add disclaimers to the large signs (by election day) and that Sam's Committee would supply the detailed information regarding the sale of T-shirts at the Family Food Mart. Although apparently we were remiss in the omission of disclaimers on the signs, it is my understanding that neither Sam's campaign nor Family Food Mart violated (or came close to violating) Campaign Finance Laws as the information required had already been gathered. The following is a bit of an explanation for those of you who are interested.

To Whom it May Concern:

Regarding the large signs:

We were relying on this information -
The Campaign Finance Manual, p. 101, indicates:
Legend not required:
x Buttons and bumper stickers
x Yard signs and window posters (approximately 14 x 22 inches and posters used in stores, on states in yards, etc.)
x Barn posters (3 x 5 feet, or similarly sized, used on the sides of buildings, on walls, etc., generally at no cost)

The signs are similarly sized to barn posters, on private property and were erected at no cost to the property owners. They are not rented billboards. However, after discussing the matter with Mr. Adam Ragan of the State Board of Elections, disclaimers will be added to the signs by Tuesday, November 3rd.

(Note to NC BOElections - don't use the term "etc." in a regulatory document. We lawyers tend to lose all discretion when confronted with the term "etc.")

Mr. Ragan was able to discern from his investigation of our campaign finance reports that the red, white and blue signs were paid for by all four committees and that the green signs were paid for by the Committee to Re-Elect Sam Wilkinson.

Regarding the T-shirts: It is my understanding that the Committee to Re-Elect Sam Wilkinson had provided the requisite information for those sales on the Campaign Finance Report that had been previously filed. However, the Committee supplied the requested detailed information (information not required in the Campaign Finance Report because donations under $50 are not publicly reported) directly to Mr. Ragan to satisfy his investigation.

The fliers for the Pilot Mountain Forum: according to SBOElections - not a problem.

Thanks-

Catherine Thomas
Thomas for School Board Committee

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