September 10, 1998
VIA FIRST-CLASS MAIL
Robert H. Spearman Ed J. Mireles
121 Bybee Drive, D-13 1208 S. Kings Court
McMinnville, TN 37110 Anaheim, CA 92801
Aaron Belk Tom Leedham Slate
6502 Poplar Corner c/o Tom Leedham Campaign
Walls, MS Office
P.O. Box 15877
George W. Cashman Washington, DC 20003
15 Willow Street
Woburn, MA 01801 Hoffa Slate
c/o Patrick J. Szymanski, Esq.
Kenneth L. Hollowell Baptiste Wilder
15336 Robson Road 1150 Connecticut Avenue, NW
Detroit, MI 48216 Suite 500
Washington, DC 20036
Re: Election Office Case PR-261-RHS-EOH
Gentlepersons:
Robert H. Spearman, a candidate for at-large vice-president, filed a pre-election protest pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”). The protester alleged that he received no Campaign Contribution and Expenditure Reports (“CCERs”) from any candidates or slates up through and including CCER No. 8.
This protest was investigated by Director of Campaign Finance Leslie Deak.
Under the Advisory on Campaign Contributions and Disclosure (Revised November, 1997) (“Advisory”), candidates and slates must exchange their CCERs with other slates and independent candidates. Advisory, VII. Individual candidates who belong to a slate do not receive CCERs directly; their slate receives service for all members of the slate. Id. The Election Office was to provide the slates and candidates with a list of candidate and slate representative names for purposes of the exchange. Id.
In the rerun election, Mr. Spearman originally was part of the Stand Up Slate. As such, the exchanged CCERs went to Slate representative Jeraldine Cheatem.
Due to changes in the field of candidates and slate affiliations following the supplemental nomination process, the Election Office sent out memoranda in June, July and August supplying the slates and candidates with a list of who should receive CCER reports. On the June and July memoranda, which concerned CCERs Nos. 7 and 8 respectively, the Election Officer notified the other slates and candidates that Ms. Cheatem was the representative for Mr. Spearman for the service of CCERs. Prior to release of these memoranda, the Election Office confirmed this information with Ms. Cheatem. Mr. Spearman separately notified the Election Office on July 27, 1998, that Ms. Cheatem was his representative and all his correspondence should be directed to her. After CCER No. 8 was due, Mr. Spearman advised Ms. Deak that Ms. Cheatem is no longer his representative.
This protest is completely without merit. Mr. Spearman did not initially receive CCERs because he was part of a slate, and the CCERs were served on the slate representative. There is no question that all slates and candidates listed in Mr. Spearman’s protest properly sent their CCERs to Ms. Cheatem for service on Mr. Spearman.
The Election Officer notes that the investigation of this protest used precious staff resources, and although it is completely without foundation, Mr. Spearman refused to withdraw it. Future such protests will not be logged by the Election Office as they do not allege a Rules violation.
Accordingly, this protest is hereby DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one (1) day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax: (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 444 North Capitol Street, NW, Suite 445, Washington, DC 20001, Facsimile (202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Michael G. Cherkasky
Election Officer
BMM:mk
cc: Kenneth Conboy, Election Appeals Master