After considering the Statement of Findings and the recommendations of counsel, the

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1 STATE OF FLORIDA f': i!,~y ~,? PH 2: 55 FLORIDA ELECTIONS COMMISSION"' In Re: HarTell Harrison Case No.: FEC F.O. No.: DOSFEC W : I:""! l : i ;:i ;~- i ~.~ ORDER OF NO PROBABLE CAUSE THIS CAUSE came on to be heard by the Florida Elections Commission at its regularly scheduled meeting held on May 9 and 10, 2001, in Orlando, Florida. After considering the Statement of Findings and the recommendations of counsel, the Commission finds that there is: ( (1), Florida Statutes, failure of a person to mark all political advertisements as a "pd. pol. adv." or a "paid political advertisement" and to identify the sponsor; (2), Florida Statutes, failure of a person to mark the political advertisement of a candidate running for partisan office with the candidate's political party affiliation or to indicate that he is running with no party affiliation; and (4)(1), Florida Statutes, failure of a person to state on a political advertisement by a candidate that the content of the advertisement was approved by the candidate and the identity of the person who paid for the advertisement. Therefore, it is ORDERED that this case is DISMISSED. DONE AND ENTERED by the Florida Elections Commission and filed with the Clerk of the Commission on May 22, 2001, in Tallahassee, Florida. P _ C007 (1/98)

2 tj.?{.~~ S ~ru{ A. MacManus, Chairman Florida Elections Commission Room 2002, The Capitol Tallahassee, FL NOTICE OF RIGHT TO APPEAL Pursuant to Section , Florida Statutes, the Respondent may appeal the Commission's final order to the appropriate district court of appeals by filing a notice of appeal both with the Clerk of the Florida Elections Commission and the Clerk of the district court of appeals. The notice must be filed within 30 days of the date this final order was filed with the Clerk of the Commission and must be accompanied by the appropriate filing fee. Copies furnished to: Phyllis Hampton, Assistant General Counsel Harrell Harrison, Respondent Edward Rader, Complainant Supervisor of Elections, Marion County, Filing Officer Attachment: Statement of Findings P_C007 (1/98)

3 FLORIDA ELECTIONS COMMISSION STATEMENT OF FINDINGS Case Number: FEC Respondent: Harrell Harrison Complainant: Edward E. Rader On November 7, 2000, the Florida Elections Commission received a sworn complaint alleging that the Respondent violated Chapter 106, Florida Statutes. The Commission staff investigated the allegations and based on the facts and conclusions of law contained in the Complaint, the Report of Investigation, and this statement, the staff recommends that the Commission find that there is: Section (1 ), Florida Statutes, failure of a person to mark all political advertisements as a "pd. pol. adv." or a "paid political advertisement" and to identify the sponsor; Section (2), Florida Statutes, failure of a person to mark the political advertisement of a candidate running for partisan office with the candidate's political party affiliation or to indicate that he is running with no party affiliation; and Section (4)(a), Florida Statutes, failure of a person to state on a political advertisement by a candidate that the content of the advertisement was approved by the candidate and the identity of the person who paid for the advertisement. Summary of Facts and Conclusions of Law 1. Respondent was a first-time candidate running for the Marion County Superintendent of Schools. He was defeated at the General Election on November 7, 2000 with 46% of the votes 2. Complainant stated that he was the opponent's campaign manager. 3. Commission staff investigated whether Respondent violated Section (1), (2), and (4)(a), Florida Statutes, when he published a political advertisement in the Star-Banner newspaper on November 4, 2000 that did not have a political disclaimer. 4. The advertisement is 8Yi'' x 4" and titled "ATTENTION: MARION COUNTY PARENTS". The advertisement has a small portrait of Respondent ( 1 Yi'' x l ") on the top righthand side and three brief statements as its text body. At the bottom of the ad, there is a SOFOOl (12/00) 1

4 statement that reads, "PLEASE VOTE HARRELL HARRISON, #83, FOR SCHOOL SUPERINTENDENT." 5. On February 14, 2001, Commission staff interviewed Complainant via telephone. Complainant stated that he personally reviewed Respondent's other political advertisements, and they all contained the appropriate disclaimer. 6. During an interview with the Commission staff on November 30, 2000, Respondent stated that just before the Election Day on November 7, 2000, he placed five separate advertisements in the Star-Banner newspaper. Respondent said that he personally went to Star-Banner office and met Account Executive Sharon Layhew. Ms. Layhew was the graphic designer who was responsible for Respondent's political advertisements. Ms. Layhew failed to put a disclaimer on one of the Respondent's political advertisements. That ad was printed on November 4, In a sworn response, Ms. Layhew wrote: To whom it may concern: The Harrell Harrison advertisement, which appeared in the Saturday, November 4, 2000 edition of Star Banner, contained an error. The ad did not read: Paid Political Advertisement for Committee to elect Harrell Harrison, approved by Harrell Harrison (D)[.] Sorry for any inconvenience this may have caused. 8. On February 12, 2001, Commission staff interviewed Ms. Layhew, who verified that she inadvertently failed to add the disclaimer to the Respondent's advertisement. She stated that "it was 100% our fault and we take full responsibility." Ms. Layhew stated that she personally apologized to Respondent for this oversight and then officially wrote a letter explaining the circumstances and taking the responsibility for the omission of the disclaimer. 9. While the Respondent's one advertisement did not comply with the requirements of Section (1), (2), and (4)(a), Florida Statutes, there is no evidence that this was a willful violation. 1 Under these circumstances, I recommend that the Commission find no probable cause that a violation occurred. 1 Section , Florida Statutes, provides that a person willfully violates Chapter 106, Florida Statutes, if the person:... commits an act while knowing that, or showing reckless disregard for whether, the act is prohibited... or does not commit an act while knowing that, or showing reckless disregard for whether the act is required... A person knows that an act is prohibited or required if the person is aware of the provision... which prohibits or required the act, understands the meaning of that provision, and performs the act that is prohibited or fails to perform the act that is required.. A person shows reckless disregard for whether an act is prohibited or required under this chapter if the person wholly disregards the law without making any reasonable effort to determine whether the act would constitute a violation... SOFOOI (12/00) 2

5 Respectfully submitted, ~ Copy furnished to: Barbara M. Linthicum, Executive Director Faye Basari, Investigation Specialist ( SOFOOl (12/00) 3

Connnission finds that there is no probable cause to believe that the Respondent violated:

Connnission finds that there is no probable cause to believe that the Respondent violated: STATE OF FLORIDA FLORIDA ELECTIONS COMMISSION ST;\TE Oi. FLOitllli\ ELECT!Oi!S COMMISSION IN RE: RICHARD J. BELLES CASE No.: FEC 04-165 F.O. No.: DOSFEC 04-111 W ORDER OF NO PROBABLE CAUSE THIS CAUSE came