Sounds Like A Possible FEC Investigation Into Chuck DeVore (Using State Employees on Campaign)

I recently received this memo from a friend who was on the mailing list for Carly Fiorina for California. I have posted the memo for your reading pleasure and have highlighted the part I found very interesting and have given my take on it below the memo itself.

TO: Interested Parties FR: Martin Wilson Campaign Manager, Carly for California RE: State of the Race Update #4 ________________________________________________________________________

A series of polls in California continues to show the Republican primary for U.S. Senate remains very fluid. ABC News released the most recent poll today, and here is the head-to-head matchup:

Tom Campbell 34 percent Carly Fiorina 27 percent Chuck DeVore 14 percent Undecided 23 percent

Another poll from Capitol Weekly taken in early April shows Tom at 31 percent, Carly at 17 percent and Chuck at 14 percent. A more recent private poll that was not paid for by our campaign has Tom at 27 percent, Carly at 23 percent and Chuck at 7 percent.

Fundamental to all these polls is the fact that there is little voter intensity for any of the three candidates. We expect this will remain true until the campaigns begin their voter contact efforts.

This week, the American Future Fund launched an independent effort attacking Tom Campbell on television and through the mail about his past support for massive tax increases. To watch the ad and learn more about Tom's lifelong love affair with tax increases, check out this Web site: www.tomisthetaxman.com. Since this effort is independent, all we know is that the group has said to the media that it plans to spend in excess of $1 million educating California primary voters about Tom's shocking record.

And that brings me to Chuck DeVore. His communications director Josh Trevino issued a call today for Carly to drop out of the race due to Chuck's "surge" in the polls. Uh, Josh, I'll get back to you on that, buddy, as that surge lasted only until the next poll came out a few hours later. The thing I like about Chuck is how he bestows these great titles on people. He's got a communications director and a campaign manager, but apparently he doesn't think it's necessary for his campaign to pay them because California taxpayers are picking up the tab. Yep, both of his senior campaign aides are state employees. An independent group, California Citizens for Ethics in Government, has called on the California Attorney General and the Federal Election Commission (FEC) to investigate whether Chuck is using public dollars to subsidize his campaign. We'll let the guardians of the public fisc do their job and not speculate about where this may lead.

The campaigns have submitted their FEC reports, and they show Carly with a commanding cash advantage. We go into the final 60 days before the election with $2.8 million in the bank, topping Tom by $2 million. Chuck has the State of California on his side, but unfortunately for him, it's broke. Carly raised $1.7 million from 5,861 contributors in the first quarter of the year, with 81 percent of the donors giving in amounts less than $250 and many of those donations coming in from the Web. In total, we now have 8,285 donors from all 50 states.

Our campaign's fundraising remains strong. This week, Carly hosted former Secretary of State Condoleezza Rice at events in San Diego and Los Angeles. Carly will be in the Central Valley on Friday for a finance event, and she travels next week to Washington, where Senate Republican Leader Mitch McConnell will host an event for the campaign on Wednesday, April 28.

At this stage of the campaign, these dollars all go to one place, and that's voter contact. We have a very robust plan for the final 30 days that will have Carly on voters' television screens and in their mailboxes all over California.

It is common knowledge that capitol staffers do work on campaigns that involve either their bosses or candidates that their bosses are supporting. I do not have an issue with a person working for both a campaign and a legislator, but it is certainly questionable if a campaign has absolutely no paid staffers and is run purely by volunteers who are state employees. It is one thing if many of his staffers were volunteering on his campaign to supplement a campaign staffer(s), but when there is not a single paid campaign staffer, one of two scenarios is likely: a) the campaign is using state resources or b) the campaign is unable to conduct the business that is necessary to be viable. If someone (e.g. vendors, press) needs to communicate with the campaign during the day, are they stuck playing voicemail phone tag?

I took the time to talk with both a representative from the campaigns for Carly Fiorina and Chuck DeVore to get their sides to the story. I will not publish the names of either individual to ensure that they are able to remain anonymous.

The representative from the Carly Fiorina campaign answered a few questions for me regarding what the issue was with the DeVore campaign staff working as volunteers on the campaign. The issue as it was put was one of questions looming over whether or not Chuck DeVore’s campaign was being funded with taxpayer dollars. This would not be as big a deal if it were not for the fact that Chuck DeVore positions himself as a cut above the rest when it comes to conservatism.

The DeVore campaign when I talked to them did not deny that the individuals in question were working on both the capitol staff and the campaign staff, but the argument was that they were doing it because they truly believe in the cause.

The campaign official then countered with the accusation that the Carly Fiorina campaign was being hypocritical by bringing this up because one of their campaign officials was working for Governor Schwarzenegger’s office as well as his re-election campaign. However, upon further research I found documentation through a pubic records request that shows that this individual resigned their position on the staff before they started working on the campaign. In fairness, the DeVore official did state that they did not believe that this person did anything wrong, as they brought it up simply to make the argument that the Carly Fiorina campaign was being hypocritical.

It will be interesting to see if the Federal Elections Commission investigates. I am unwilling to speculate what their findings will show, but I know from those I have spoken with that any investigation whether it be the FEC, FPPC, DA, etc… is not helpful to a campaign.

Next is obviously the issue of the polling data and this is where things get tricky. Tom Campbell is ahead right now in all the polls that I have seen. This comes as a surprise to most people I talk to because of the fact that he is the most moderate. The issue simply is that Carly Fiorina and Chuck DeVore are splitting the conservative base. I disagree with the DeVore campaign calling for Carly Fiorina to drop out of the race as I believe that all three candidates have a right to be on the ballot. Based on the numbers that I have seen, though this is looking more and more like it is between Carly Fiorina and Tom Campbell.

Carly Fiorina will start to spend a lot of money in the coming weeks and that will give her campaign a boost. Tom Campbell will continue to send out e-mails and create online videos to get his message out to the voters. Chuck DeVore will continue to run a grassroots effort and attend events throughout the State and stay active on facebook and twitter.

In the end based on what I have seen and expect to see, I do believe that Carly Fiorina is likely to be the winner on the night of June 8th.

---"...He's got a communications director and a campaign manager, but apparently he doesn't think it's necessary for his campaign to pay them because California taxpayers are picking up the tab. Yep, both of his senior campaign aides are state employees. An independent group, California Citizens for Ethics in Government, has called on the California Attorney General and the Federal Election Commission (FEC) to investigate whether Chuck is using public dollars to subsidize his campaign. We'll let the guardians of the public fisc do their job and not speculate about where this may lead...."---

Yeah, this could really spell trouble for him. Nice guy, DeVore, good principles, but this would cost him in a general elect=ion. Big time.

This sounds like nothing more than the same whisper campaign used to dog Sarah Palin. Bogus “ethics” complaints guaranteed to generate a left-wing news story but as baseless a rumour as Barney Frank with a girlfriend.

A difference here is that this is easily proved or debunked. It’s been out for awhile, DeVore has not responded.

latest polls must have him closing the gap.. you see this kind of stuff popping up all of a sudden.

Actually, the complete opposite. His campaign is imploding. And he's been working with a lot of support on this election for 8 months, yet 10% republican support!

It’s all moot anyway. Democrats and SEIU thugs are going to cross-over and vote for Campbell. Boxer will easily win another term.

He still has his principles. :-)

He seems to be shedding principles pretty quickly under pressure. Birtherism, campaign improprieties, Chrissie boy, dissing other conservatives. All in one day, and that is just for starters. No wonder he ain't electable.

where ya from, militanttoby? ya vote here in California, by chance?

or ya just enjoy dissing cinservatives here as much as you seem to think Chuck does?

A difference here is that this is easily proved or debunked. It’s been out for awhile, DeVore has not responded.

Yeah, it was easily proved or debunked by Ted Stevens too. But, conveniently, not till after he was convicted and lost the election. A setup from day one.

Frankly, I really don't care who wins in CA. It's so far gone now that no one Republican can save it. Let the Democrats take over and be in full-control as it goes off the cliff.

Yeah, this could really spell trouble for him. Nice guy, DeVore, good principles, but this would cost him in a general elect=ion. Big time.

Palin specifically sites this as the reason for essentially calling for DeVore to step out of the race until he gets this cloud cleared. The conservative base is tearing itself apart over this when they are supporting someone who is doomed by this scandal.

Palin is pointing the way, but you can find out the facts for yourself just why she made this decision.

I see so many all into this Carly vs. DeVore thing when Campbell is leading at the moment and he is the candidate we really don't want.

I’m disappointed by the poll results - - not one puts any republican out front. This brings a hard fact of California political life to the front:

Whoever the republicans run must have the ability to gain a sizeable share of the Hispanic vote; DeVore can’t do that. WE might like him, but the majority of the CA voters do not.

He needs to change from his hard-assed Constitutionalist image to something that attracts more voters — he needs cross-overs.

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