PB: Campaign Law Violation Exposed
by SDM
Many Palmetto Bay residents found an 8 x 14, yellow political ad in their mailboxes this weekend. Forget for a moment the idiocy of giving normal people such a dense piece of advertising with the expectation that normal people will read it. What should concern the folks behind the political committee called “Palmetto Bay Concerned Residents (PBCR)” is that SDM did read the document. PBCR’s got some explaining to do.
What is a political committee and why are they used?
Political committees like PBCR are formed to allow people to support candidates through expenditures that are independent of the candidate’s campaign. Why use a committee? The primary reason comes from human nature. We do not like to hear negative things said about one candidate directly from the mouth of the opposing candidate.
So, a candidate will ask his friends and supporters to form a committee that can blast the opposition while he himself stays above the fray. According to the mailer, PBCR seems to have been formed for the specific purpose of supporting Vice Mayor Pariser’s re-election and Tim Schaffer’s candidacy for Councilman.
How are political committees regulated?
Florida election law governs all campaign activity. What’s important to understand here is that the term “political committee” carries with it a series of legal requirements that must be followed to the letter. Failing to do so exposes a violator to misdemeanor charges and/or fines. (See s. 106.08(7)(a), Fla. Stat.)
One key requirement of law is that contributions to political committees that support individual candidates may not exceed $500 per person. A political committee may accept unlimited contributions from individuals if it only focus on issues.
How did PBCR violate the campaign finance laws?
Very simply, a person named Jack Fell contributed $3,000 to PBCR and PBCR sent a mailing to Palmetto Bay voters specifically urging a vote for Pariser and Schaffer. Under some circumstances, both the contributor and PBCR may be culpable for an illegal contribution.
Any person may file a complaint with the Florida Division of Elections. Instructions can be found here. SDM knows for a fact that these violations are treated very seriously and will be investigated if a complaint is made.
Fell also donated to Pariser and Schaffer!
Mr. Fell donated directly to Mr. Schaffer on October 1, 2012 and to Pariser on June 5, 2012. Therefore, neither Mr. Pariser nor Mr. Schaffer cannot deny knowledge of Mr. Fell’s activities. PBCR’s reports are published on the village website and the key players at PBCR are also well-known supporters of these candidates.
SDM Wonders: How can a practicing attorney like Mr. Pariser continue to allow (encourage?) his supporters to run rough-shod over the laws he swore to uphold.
Will Palmetto Bay voters notice that Mr. Fell and his cronies at PBCR will go to any lengths to win – including a probable violation Florida’s election laws?
We may find out tomorrow.
Does SDM for a moment think these people EVER think about breaking the law….that is all they do, everything they do is breaking a law, immoral or unethical…..they know nothing else, that is the way they live and I am sure they don’t even realize what they are doing is against the law etc. THey live their lives this way so it becomes their way of live….it is sickening at best…and to be above the law and a LAWYER…????? Wonder what his clients are thinking….. Cannot wait for this election to be OVER>…..
If the so called “political ad” was merely placed in mailboxes without and address and postage, it also violates a host of federal laws regulating the use of the mail, which may lead to fines and imprisonment. Happy Jack may want to lawyer up for this one.
Nope. It’s a real, amateur mail piece with a bulk rate permit and a printed address area.
All of this is just mindless chatter UNLESS SOMEONE ACTUALLY REPORTS THEM TO TALLAHASSEE. Unfortunately, I have a day job and cannot do so. Hopefully, someone with more time and inclination will do so.
Doesn’t make a violation any less illegal…
of course not, but it also doesnt do any good to talk about it without DOING anything about it.
SDM disagrees because filing a complaint at this juncture will not produce any result for several months. The proverbial horse will be well out of the barn at that point. Palmetto Bay voters must understand that at least two of the candidates tomorrow seem to condone violations of Florida’s election laws.
Patrick Fiore for Mayor 2014!!!!!!
Where are the results?? Palmetto Bay website said they would probably post tonight. This could foreshadow good news if they aren’t jumping to publish the results…
http://eyeonmiami.blogspot.com/2012/11/john-dubois-vice-mayor-in-palmetto-bay.html
Congrats to John Dubois!
Can’t say the same to Jim Araiza, the perpetual runner-up. Next time don’t overlook the worthy incumbent, Tendrich?
Wow! Results just posted on VPB website. The result is almost a wash. It’s a shame we are losing Tendrich to Schaffer, but at least we got rid of Pariser. Bittersweet.
Dubois defeats Pariser by 28 votes. Baby Brian cries like a sore loser for a recount. Schaffer wins over Araiza by 200+ votes.
Schaffer another Stanczyk eunuch ascends to Queen Shelley’s Court to do the her bidding. Wonder if they keep their balls in little wooden boxes like the mandarins of yore.
http://www.miamiherald.com/2012/11/20/3107160/palmetto-bay-gets-new-council.html
Congratulations to John DuBois for running a professional campaign in Palmetto Bay, for not wallowing in the mud of his opposition, for not resorting to the publication of slanderous, libelous, muckraking, yellow-sheets ginned up by washed-up professors and so called environmentalists, for putting his money where his mouth is, and for unseating an unpopular incumbent who was a poster child for incompetence, mediocrity and milquetoast politics. You go big dog. Clean up this council.
Special thanks to Miami Dade Commissioner Lynda Bell for her courage and support and her willingness to call out Stanczyk, Lindsay and Pariser and their disgusting tactics in her support of John.