This website uses cookies.
Office of the Election Supervisor for the International Brotherhood of Teamsters


September 29, 1998




James P. Hoffa

September 29, 1998

Page 1


James P. Hoffa                                         

2593 Hounds Chase

Troy, MI 48098             


Tom Leedham

c/o Tom Leedham Campaign Office

P.O. Box 15877

Washington, DC 20003


Arthur Z. Schwartz, Esq.

Kennedy, Schwartz & Cure

113 University Place

New York, NY 10003                           

Hoffa Slate

c/o Patrick J. Szymanski, Esq.

Baptise & Wilder

1150 Connecticut Avenue, NW

Suite 500

Washington, DC 20036


Bradley T. Raymond, Esq.

Finkel, Whitefield, Selik, Raymond, Ferrara & Feldman

32300 Northwestern Highway

Suite 200

Farmington Hills, MI 48334


James P. Hoffa

September 29, 1998

Page 1


Re:  Election Office Case No.  PR-220-TLC-EOH




James P. Hoffa, a candidate for general president, and the Hoffa Unity Slate 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”) against Tom Leedham, a candidate for general president.  The protester alleged that Mr. Leedham failed to report expenses arising from campaign-related travel and that Mr. Leedham was campaigning on union time in the month of June, 1998.


This protest was investigated by Director of Campaign Finance Leslie Deak.


James P. Hoffa

September 29, 1998

Page 1


The protester alleged that Mr. Leedham was campaigning full-time during the month of June, but that he had only reported travel expenses of approximately $600 during the month.  While the protester submitted extensive evidence of campaign travel by Mr. Leedham in the period from July 15 through September 6, 1998, the protest is limited to Leedham’s alleged failure to report campaign travel expenses and related in-kind contributions for the period ending June 30, 1998.  Only one article, about an appearance in Memphis, Tennessee, discussed Mr. Leedham’s campaign activity in June, 1998, the relevant period.


In the instant case, the protester has not presented any evidence to support the allegations that Mr. Leedham has failed to report expenditures related to campaign travel or that Mr. Leedham is traveling and campaigning on union time.  Further, the protester has not presented evidence to support the allegation that the reported expenses of $600 were insufficient to cover travel to campaign in Tennessee. The protester bears the burden of proof to present evidence that a violation has occurred.  Rules, Article XIV, Section 1.  The Election Officer has consistently denied protests when the protester offers no evidence to corroborate and support his allegations.  Moriarty, PR-095-JHS-EOH (June 12, 1998); Hoffa, PR-043-LU385-SCE (January 9, 1998); Pike, P-278-LU952-CLA (January 30, 1996), aff’d , 96 - Elec. App. - 92 (KC) (February 20, 1996) . 


While the Election Officer understands that it is difficult for candidates to gather evidence, at the very least, the protester must provide a framework upon which an Election Office investigation could be based.  A protester should present evidence of a candidate’s travel through, for example, witness statements or published accounts, along with the reported expenditures.  The relationship between the amount and distance of travel and the expenditures should be such that an inference of reporting violations could be drawn.  This type of evidence was not presented in this case.


Accordingly, this protest is 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





James P. Hoffa

September 29, 1998

Page 1


(202) 624-3525.  A copy of the protest must accompany the request for a hearing.





Michael G. Cherkasky

Election Officer


cc:              Kenneth Conboy, Election Appeals Master