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[ATE OF NORTH CAROLINA BEFORE THE NORTH CAROLINA STATE BOARD OF ELECTIONS COUNTY OF WAKE In the Matter of: Jeff Hyde Committee PETITION NOW COMES the Petitioner, Andrew Whalen, being duly sworn and complaining of the Jeff Hyde Committee makes the following allegations upon his personal knowledge, unless otherwise noted to be upon information and belief, to the North Carolina State Board of Elections and requests an investigation and a determination by the North Carolina State Board of Elections, pursuant to its powers as set forth in N.C.G.S. § 163-22(d) and N.C.GS. § 163-278.22(7), as follows: PARTIES The Petitioner is Andrew Whalen, a citizen and registered voter of Wake County, North Carolina. ‘This Petition is brought, seeking an inquiry into certain apparent violations of election law by the Jeff Hyde Committee. The Jeff Hyde Committee is a candidate committee operating in the state of North Carolina, pursuant to a Statement of Organization, filed with the State Board of Elections on March 3, 2010. INFORMATION AND BELIEFS, 1. On June 25%, 2010 the Jeff Hyde Committee held a raffle to raise money for their 2010 campaign for NC Senate. w The Jeff Hyde Committee openly advertised a rafile to win $5,000. Supporters were offered the opportunity to buy raffle tickets for $100. ‘The winner of a public drawing ‘would then receive $5,000. The Jeff Hyde Committee claimed the proceeds from the rafile would help elect local Conservatives to State and County offices The public raffle was held on June 25", 2010. According to information posted on the Guarino blog (, the winner, Becky Smith, was not present at the drawing and upon being contacted, declined to accept the $5,000 prize. VIOLATIONS OF CAMPAIGN FINANCE LAW 1, The winner's name is not disclosed in the second quarter report filed by the Jeff Hyde Committee. In order for the winner's name to be included in the drawing, he or she would have had to have made a $100 contribution to Jeff Hyde for Senate. Under North Carolina Election law (§163-278.11), contributions that aggregate over $50 must be itemized to include the contributor’s name, address, employer, and occupation. Further, under North Carolina law (§163-278.14), contributions made in the name of another are prohibited. Therefore, the campaign is in violation of the law for either not disclosing the winner's contribution or the campaign is in violation for allowing another donor to purchase a ticket in the winner's name, 2. North Carolina state law sets individual contribution limits at $4,000 per individual per election cycle. Contributions are defined as “any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, gift, pledge or subscription of money or anything of value whatsoever, to a candidate to support or oppose the nomination or elcetion of one or more clearly identified candidates, to a political committee, to a political patty, or to a referendum committee, whether or not made in an election year, and any contract, agreement, or other obligation to make a contribution, Am expenditure forgiven by a person or entity to whom it is owed shall be reported as a contribution from that person or entity.” [Emphasis Added.] In opting not to accept the winnings, the winner in fact gifted or conveyed a $5,000 contribution to the Jeff Hyde Committee or forgave a $5,000 obligation owed by the Committee, in either case a violation of North Carolina law, as the amount exceeded the $4000 contribution limit PRAYER FOR RELIER The State Board of Elections and its Executive Director are charged, pursuant to GS. § 163-278.22(7), and N.C.G.S. § 163-278.23(2) with the authority and the obligation to investigate matters pursuant to written complaint under oath. ‘The Petitioner respectfully requests that the State Board of Elections: 1. Commence an investigation of the Jeff Hyde Committee for any apparent violation of North Carolina General Statutes, pursuant to its lawful authority and obligation; Require the Respondents to make or amend filings with the State Board of Eleetions to fully disclose all contributions and expenditures made by the Jeff Hyde Commitiee, to disclose any and all tickets which were purchased by one individual in the name of another, and to return any impermissible contributions that have been received, specifically the $5,000 raffle prize; and 3. Grant such other and further relief as the Board of Elections deems just and proper, This___day of August, 2010. Andrew Whalen fo North Carolina Democratic Party ~ 220 Hillsborough Street Raleigh, NC 27603 NORTH CAROLINA WAKE COUNTY L , a Notary Public in and for said County and Slate, do hereby certify that Andrew Whalen personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITN! my hand and official stamp or seal this. day of August, 2010. Notary Public My Commission Expires: