NEW YORK STATE DEMOCRATIC JAYS JACOBS COMMITTEE JUNE NEILL WWW.NYDEMS.ORG “EXECUTIVE COMMITTEE CHAI ether 7.2010 Hobe Bren Co-Executive Director ‘Todd Valentine Co-Executive Ditector NY. State Board of Elections 40 Steuben Street Albany, NY 12207-2108, Dear Co-Executive Directors Brehm and Valentine: Pursuant to 9 NYCRR 6201.3(a)1 i), 1 am writing to notify the N.Y. State Board of Elections of blatant violations of the Election Law by Donovan 2010, a committee subject to provisions of Article 14 of the Flection Lav, forthe purpose of initiating an investigation and proceedings under Anicle 16 of the Election Lass. Donovan 2010 seeks the election of Dan Donovan, the current Richmond County District Attorney, t the office of State Attomey General. Dan Donovan was no’ a candidate in the Republican primary forthe office of Attorney General, Therefore, contibutions for an anticipated primary may be used forthe general election, but such contributions are subject tothe limit forthe general election, not the sum of limits forthe primary and general elections.’ Mr. Donovan acvepted more than $75,000 in violation ofthe contribution limits because he was nota candidate in the primary. Although quite astounding that a district attorney, ‘who is entrusted with enforeing the law withthe utmost integrity, would do 80, he, a8 ‘well as his contributors, committed acts that are punishable by misdemeanor.” ‘The limits set forth in $§14-114(1)(@))—Gi ofthe Election Law allow a maximum contribution to a Republican candidate for nomination 1o a statewide office of $14,034, and a maximum contribution of $37,800 for any statewide candidate ina general "ONY. State Ba oF Elections, 1985 Op 2 NY ELEC Law § 1412663) (MeKinney 2009), 461 PARK AVENUE SOUTH, 1TH FLOOR NEWYORK, HY 1001 Drees aes 2127s aN FX ‘voeMs ono <> 0 GEE mau.election? “IP funds are raised for an anticipated primary but are not used because the ‘candidate is nominated at an uncontested primary, the funds must be deemed to be contributions for the general election and willbe subject tothe contribution limits forthe genera election.” In other words, such funds ae per se illegal The following contributions to Donovan 2010 violate $§14-114 a)()—(i) of the Election Law’ + On July 9,2010, Pau Singer* made two contributions to Donovan 2010, (1) $14.034 and (2) 835.966, ‘+ Only 11, 2010, Charles MacDonald’ made two contributions to Donovan 2010, (1) $14.34 and (2) 835.966; ‘+ OnJuly 11,2010, Jonathan Pollek! made two contebutions to Donovan 2010, (1) $14,034 and @) $35.96; ‘+ OnJuly 11,2010, Tea Pollok” made two contributions 10 Donovan 2010, (1) Sid, 034 and (2) $35,966; + On July 11,2010, Gordon Singer? made wo contributions to Donovan 2010: (4) 814,084 and (2) $35.966; and ‘+ OpJuly 11,2010, Kenneth Langone? made two contributions to Donovan 2010: (€) 814, 034 and (2) $37,800. As Lam sure you know, studies by groups like the Breanan Center for Justice have criticized the state's Election Law, in part due to high contribution limits. Mr. Donovan is doing litle to inerease our confidence, though you may. Nobody, least oF al, siting District Attomey, is above the law. 3 See N.Y SATE Bo. oF Euxcrons, 2010 Coxraupuri9x Lit (2010) One West f151S Ste 3800, NY. NY. 10024 #40038 Hedgland La, Waterford, Va. 20197 1 West 7th St, NV, NY, 10023, PI Wes orth Se, NY:, NY, 10025 "712 Sth Ave, NY, NY, 1001, 1375 Pak Ave, NY.» NV, 10152 See, Sizame Novak & Seema Sha, Parck Th: Te PAPER THe Te Fans FAEADE OF Caxenson France Laws i NEW Yor, BRENNAN CENT fom SmICE AT. UNIVERSEY School. OF LAW (2006)In order to begin to instill confidence in the enforcement of the Election Law, and with ‘the general election fast approaching, justice demands that you immediately begin an investigation and a proceeding under Article 16 ofthe Election Law to disgorge Donovan 2010 of the per see illegal contributions, exeeeding $75,000, before itis spent inthe ‘general election. rely, CET Jay Jacobs (Chait, NYS Democratie Committee