- Anne Marie SchubertSacramento County District Attorney
Investigate Pan Recall Committee
I, the undersigned, call for Sacramento County District Attorney Anne Marie Schubert to launch a full Pan Recall Committee investigation sufficient to protect the integrity of our electoral system. We do not submit this petition because we are displeased with the outcome of the recall election. We submit this petition because we have concerns that the recall election outcome was unfairly and illegally manipulated. We, the citizens of California will not tolerate the illegal tampering of our election process. The specific allegations of fraud are too numerous to list in their entirety. We expect that our concerns listed below will be addressed, and that a full investigation into this matter will be expedited.
WHEREAS The mission of the Enforcement Division of the FPPC is to fairly, effectively, and efficiently enforce the provisions of the Political Reform Act. A violation of the Act can be pursued with criminal prosecution by a local district attorney.
WHEREAS Every person charged with the performance of any duty under any law of this state relating to elections, who willfully neglects, or refuses to perform it, or who, in his or her official capacity, knowingly and fraudulently acts in contravention or violation of any of those laws, is, unless a different punishment is prescribed by this code, punishable by fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment as specified in California Elections Code Section 18002.
WHEREAS Persons or committees receiving money for promoting or defeating an initiative, referendum, recall petition, or any measure which has qualified for the ballot, must hold the money in trust and may only spend the money for the purpose for which it was entrusted to them as specified in California Elections Code Section 18680.
WHEREAS FPPC Regulation § 18401 states: A candidate, treasurer, and elected officer has a duty to maintain detailed accounts, records, bills, and receipts as necessary to prepare campaign statements and comply with the provisions of Chapter 4 (commencing with Section 84100) of the Act. This duty includes maintenance of detailed information and original source documentation, as follows:
(1) For a contribution received or other receipt of less than $25, or an expenditure made of less than $25:
(A) The accounts and records shall contain a continuous computation of campaign account balances, and include a listing reflecting the dates and daily totals of the contributions, other receipts, or expenditures on the dates of the contributions, other receipts, or expenditures.
(B) The original source documentation shall consist of all bank statements, check registers, check stubs, bank or passbooks, and any other records reflecting a continuous computation of campaign account balances in any savings or checking account, money market account, certificate of deposit, credit card account, or any other campaign account, in any bank or other financial institution.
WHEREAS Violations of the Political Reform Act include:
⦁ Financial conflicts of interest
⦁ Campaign money laundering
⦁ Improper use of campaign funds, including personal use
⦁ False, inadequate, or inaccurate reporting on statements of economic interests, campaign statements and reports
⦁ Non-filing or late filing of such statements and reports
Recall petitions are an important and legitimate part of our election process in California and the vast majority of those gathering signatures are legitimate and aboveboard. However, the process can also be an opportunity for misrepresentation and fraud. We, the undersigned, wish to petition Sacramento County District Attorney Anne Marie Schubert to launch an investigation into allegations of voter fraud concerning the PanRecall Committee (FPPC ID #1377741).
- Sacramento County District Attorney
Anne Marie Schubert
Investigate Pan Recall Committee
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