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O’Brien, Zuckerman, et al., 2026 ESD 77

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: SEAN O’BRIEN, ) Protest Decision: 2026 ESD 77

FRED ZUCKERMAN, and )

TEAMSTERS UNITED 2026 ) Issued: May 8, 2026

SLATE )

) OES Case No. P-097-030226 and

Protestor. ) P-105-030326

)

INTRODUCTION

These protests were filed by James L. Donovan Jr., Treasurer of the O’Brien-Zuckerman Teamsters United 2026 Slate, on behalf of Sean O’Brien, Fred Zuckerman, and the Teamsters United 2026 Slate of candidates (also referred to as “OZ”). Protest P-097-030226 (“P-097”), filed March 2, 2026, alleges that candidates associated with the Fearless Slate failed to open individual campaign bank accounts as required by the Rules for the 2025-2026 IBT International Union Delegate and Officer Election (“Rules”) and the Election Supervisor’s Advisory on Campaign Contributions, Expenditures, and Disclosure dated July 17, 2025 (“Advisory”). Protest P-105-030326 (“P-105”), filed March 3, 2026, alleges violations of the Rules in connection with the Fearless Slate’s use of the Zeffy online fundraising platform, including acceptance of allegedly prohibited employer contributions, maintenance of an inadequate fundraising disclaimer, misclassification of contributions in CCER filings, and failure to report donor tips as contributions.

The protests were investigated by Joseph P. Dever, representative of the Office of the Election Supervisor (“OES”). The investigation included review of CCER filings for Periods One through Three; review of the Fearless Slate’s Zeffy fundraising account and registration; interviews of OZ counsel Edward M. Gleason Jr., OZ Treasurer James L. Donovan Jr,. Richard Hooker Jr.; review of correspondence from OZ’s accountant, Jeannie Mickel, CPA, of Manzi & Associates, LLC; review of Zeffy transaction records produced by Mr. Hooker; other materials and correspondence submitted by interested parties including, but not limited to, representatives of the OZ Slate, Mr. Hooker, and other Fearless Slate members; and publicly available information including Stripe’s published fee schedule. All parties were afforded a full opportunity to present evidence and argument.

BACKGROUND

Richard Hooker Jr. announced his candidacy for IBT General President on or about June 23, 2025. On July 24, 2025, a Declaration of Affiliation with a Slate (Form 10) was filed with the OES for the Fearless Slate, listing seven candidates: Richard Hooker (General President), Christophe Silvera (Vice President at Large), John Palmer, Michael Moxley, Jeffrey Vaughan, Evette Avery, and Jeffrey Schenfeld. Additional candidates were publicly associated with the slate during Periods Two and Three, including Marianna Battiste, Leonard Stoehr, Eric Johnson, Hannibal Aguilar, Michael Sparks, Gale Hescott, and Aubrey Stallworth. No amended Form 10 was filed to reflect those additions. The Fearless Slate did not meet the December 15, 2025 deadline for candidate or slate accreditation and accordingly remains unaccredited.

No Fearless Slate candidate opened an individual campaign bank account in the CCER system during Reporting Periods One, Two, or Three. All fundraising activity was directed through the Fearless Slate’s central account. The Fearless Slate’s Zeffy fundraising page is titled “Fearless Slate 2026” and was publicly accessible throughout the period under investigation. The Zeffy account is registered under EIN 39-3933426, with a stated purpose of “Union Election/Organizing Campaign.”

PROTEST P-097-030226: INDIVIDUAL CAMPAIGN BANK ACCOUNTS

P-097 alleges that Fearless Slate candidates violated the Rules by failing to open the individual campaign bank accounts required by Article XI of the Rules and the Advisory.

The Rules require each candidate to maintain separate bank accounts for general contributions, legal and accounting contributions, and escrow funds. No Fearless Slate candidate opened individual bank accounts during any of the first three reporting periods.

The Fearless Slate’s position, stated consistently by Mr. Hooker and confirmed by written emails from five individual candidates received March 5-6, 2026, is that OES staff specifically advised each candidate that no individual bank account was required because all contributions and expenditures would flow through the Fearless Slate’s central account. Mr. Hooker identified OES staff members Terry Flick and Paul Dever as having provided this guidance. That identification was confirmed in a telephone conference with Ms. Flick and in writing by Ms. Flick, copying Mr. Dever. The OES further confirmed in writing the existence of a longstanding practice, dating to the 2001 election cycle and referred to internally as the “Ostrach method,” under which candidates with no individual fundraising activity may, with OES approval, forgo opening individual accounts and direct all activity through a central slate account.

Candidate Battiste wrote on March 5, 2026, that she “was told by the OES that no bank account needed to be attached to my personal CCERS since any and all contributions, expenditures are being recorded in the main Fearless Slate CCERS accounting system.” Candidates Vaughan and Schenfeld independently stated on March 5, 2026, that they were “informed that since the Fearless Slate was only going to have contributions deposited into its main account, then personal bank accounts were not necessary for each candidate.” Candidates Aguilar and Stoehr provided substantially identical accounts on March 5 and 6, 2026, respectively.

The central account was properly established, funded, and reported. CCER filings for the Fearless Slate’s main account were submitted on time for each reporting period. There is no evidence that any contribution was concealed, that any expenditure went unreported, or that the absence of individual accounts created any gap in the public campaign finance record.

OZ argues that the Ostrach method is unavailable to candidates not listed on the July 24, 2025 Form 10 because those candidates are not accredited slate members. OZ further contends that the Fearless Slate’s failure to accredit means it cannot serve as a proper fundraising conduit. These are not unreasonable observations, and they may warrant clearer OES guidance going forward. On this record, however, the relevant candidates acted on guidance received from OES representatives that was consistent with past practice and the Rules, and all funds were reported in a central account that was open to review. A finding of violation under these circumstances would penalize candidates for following instructions from the office responsible for administering the election.

We find that the Fearless Slate candidates did not violate the Rules by failing to open individual bank accounts, that all contributions were deposited into and reported from a properly maintained central account, and no gap in the public record resulted.

Accordingly, we DENY P-097.

PROTEST P-105-030326: ZEFFY FUNDRAISING ISSUES

P-105 raises four separate allegations concerning the Fearless Slate’s use of the Zeffy fundraising platform. Each is addressed in turn.

The Fearless Slate’s Zeffy transaction records, produced by Mr. Hooker on April 14, 2026, reflect 126 completed transactions totaling $18,018.00 spanning September 12, 2025 through April 12, 2026. The five largest donors were Leonard Stoehr ($3,500.00), John Palmer ($2,500.00), Fitz Verity Silvera ($1,500.00), Jeffrey Vaughan ($1,000.00), and Evette Avery ($800.00), all of whom are Fearless Slate candidates.

A. Absorbed Credit Card Processing Fees

Zeffy markets itself as a free fundraising platform for nonprofits. When a donor makes a contribution, the donor is offered an optional “tip” to cover the credit card processing fee charged by Zeffy’s payment processor, Stripe, at a standard rate of 2.9% plus $0.30 per transaction. If a donor pays the tip, the processing fee is covered by the donor. If the donor declines, Zeffy absorbs the fee. When the Fearless Slate registered with Zeffy, it selected the platform category “Nonprofit organization that cannot emit tax receipts,” a category Zeffy expressly offers for organizations, such as union campaign committees, that are not 501(c)(3) entities. No misrepresentation to the platform has been established.

OZ argues that Zeffy’s absorption of the processing fee constitutes a prohibited contribution from an employer under Article XI, § 1(b)(2) of the Rules and Article IV, § 5 of the IBT Constitution, and estimates the total absorbed fees at approximately $534.86.

The Rules prohibit contributions where the “purpose, object, or foreseeable effect” is to influence the election of a candidate. Rules, Art. XI, Section 1(b)(2). Zeffy provides its fee-absorption service uniformly to every organization registered on its platform, without regard to the nature of the organization or any intent to influence any election. The absorbed fee is not a targeted benefit directed at the Fearless Slate; it is the standard operation of a commercial service available identically to food banks, community organizations, and union campaign committees alike. Treating this arms-length arrangement as a prohibited employer contribution would, by the same logic, make any vendor that waives a fee or provides a discount to a campaign, including a bank offering no-fee campaign accounts, a prohibited contributor. That reading of the Rules finds no support in the record of prior Election Supervisor decisions. Moreover, the total estimated amount at issue, at most a few hundred dollars spread across 126 transactions, does not present a meaningful threat to the integrity or fairness of the election.

We find that Zeffy’s uniform fee-absorption practice does not satisfy the purpose, object, or foreseeable effect standard required to constitute a prohibited contribution under the Rules. Accordingly, we DENY P-105 as to the allegations regarding the absorbed processing fees.

B. Fundraising Disclaimer

OZ contends that the disclaimer on the Fearless Slate’s Zeffy fundraising page is inadequate under the Rules and the Advisory. The investigation identified two genuine deficiencies. First, the page invited “allies” to donate by checking a box, without adequately explaining that non-members may not make general campaign contributions and may contribute only to a separately maintained legal and accounting fund subject to applicable limits. Second, the page did not state the applicable contribution limits: $2,000 for a non-candidate member, $10,000 for a declared candidate.

OZ has not identified any specific contribution from an ineligible donor that was accepted as a result of these deficiencies. The Zeffy page asked donors to self-identify Teamster membership status and provide their local union number and the last four digits of their Social Security number for verification. The overwhelming majority of contributions in the transaction record came from individuals who appear to be IBT members.

Accordingly, the disclaimer allegation of P-105 is GRANTED IN PART, DENIED IN PART. The Fearless Slate shall, within ten (10) days of the date of this Decision and Order, correct its Zeffy fundraising page disclaimer to state: (1) that only IBT members and their immediate family members may make general campaign contributions; (2) that non-members may contribute only to a separately maintained legal and accounting fund, subject to applicable limits; and (3) the applicable contribution limits for non-candidate members ($2,000) and declared candidates ($10,000). No disgorgement, cease-and-desist order, or further relief is warranted on the present record absent evidence of a specific ineligible contribution accepted as a result of the deficient disclaimer.

C. CCER Misclassification

OZ identifies a $582.00 contribution from John Palmer recorded in the Period Two CCER as “Other” rather than as a credit card contribution processed through Zeffy. The method of contribution must be accurately reflected in the CCER. This is a technical reporting error that does not affect the accuracy of the overall contribution total or the identity of the donor, but the CCER should be corrected.

Accordingly, the CCER misclassification allegation of P-105 is GRANTED. The Fearless Slate shall, within ten (10) days of the date of this Decision and Order, file a corrected Period Two CCER accurately reflecting the payment method for the John Palmer $582.00 contribution and for any other Zeffy-processed contributions similarly misclassified as “Other.”

D. Donor Tips as Unreported Contributions

OZ argues that where a Zeffy donor paid the optional tip to cover the processing fee, the amount of the tip should have been reported as an additional contribution in the CCER. This argument has merit. A donor who makes a $100.00 contribution and voluntarily pays an $11.00 tip has contributed $111.00 to the campaign, and the CCER should reflect the full amount. The tip payment data necessary to identify which transactions require amendment is not in the current record.

Accordingly, the unreported tips allegation of P-105 is GRANTED. The Fearless Slate shall, within ten (10) days of the date of this Decision and Order, produce to the OES its complete internal Zeffy transaction records, including tip payment data for each transaction from September 2025 through the present. Upon review of that data, the Fearless Slate shall file amended CCER reports reflecting the full contribution amount, inclusive of any tip voluntarily paid by the donor, for each affected transaction.

DELINQUENT CCER FILINGS

As of April 5, 2026, Fearless Slate candidates Evette Avery and Jeffrey Schenfeld had not filed CCER reports for Reporting Period Three, which were due on February 15, 2026, a delay of approximately seven weeks. The Zeffy transaction records confirm that Schenfeld made a $100.00 contribution through the Fearless Slate’s Zeffy page on March 27, 2026, during the period for which no report was filed. Candidate Christophe Silvera filed his Period Three report after the February 15, 2026 deadline.

The Election Supervisor has consistently held that timely CCER reporting is a fundamental obligation of all candidates. See In Re Delinquent CCER Reports of Chris Silvera, 2021 ESD 128 (June 19, 2021) (imposing $1,000 fine for failure to file three CCER reports following show cause proceedings). The failure of Avery and Schenfeld to file Period Three reports more than seven weeks past the deadline warrants a response.

We find that Candidates Evette Avery and Jeffrey Schenfeld have failed to timely file their CCER reports. Accordingly, they are HEREBY ORDERED to file their Reporting Period Three CCER reports with the OES within five (5) days of the date of this Decision and Order. Each is further directed to show cause, within ten (10) days of the date of this Decision and Order, why a fine should not be imposed for the delinquency consistent with the Election Supervisor’s established practice. The delinquency of Candidate Silvera’s Period Three filing is noted for the record.

PROSPECTIVE GUIDANCE

This Decision and Order identifies two areas where prospective guidance will assist candidates in future compliance. The OES will issue guidance clarifying the application of the Ostrach method, specifically the conditions under which an unaccredited candidate and candidates not listed on a filed Form 10 may direct contributions through a central slate account rather than maintaining individual accounts. Second, the OES will issue guidance recommending that candidates using fee-optional fundraising platforms such as Zeffy configure the processing fee as mandatory rather than optional, so that platform fee-absorption is not a feature of any campaign’s fundraising operation and processing costs are not borne by the platform.

APPELLATE RIGHTS

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Election Appeals Master Barbara Jones

Election Appeals Master

IBTappealsmaster@bracewell.com

Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing. A copy of the protest must accompany the request for hearing.

Timothy S. Hillman

Election Supervisor

cc: Barbara Jones, IBTappealsmaster@bracewell.com

2026 ESD 77

DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):

John Palmer

Jpalmer8734@gmail.com

Jeffrey Vaughan

jeffvaughan69@icloud.com

Michael Moxley

moxley.mike@icloud.com

Christophe Silvera