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Mike Conaway, Chairman U.S.

House of Representatives Committee on Ethics 1015 Longworth House Office Building (LHOB) Washington, DC 20515 This letter constitutes a formal complaint filed against Ed Markey, Democrat Congressman from Massachusetts and Mr. Markeys principal political committee, The Markey Committee. Based upon information and belief, set forth below and in the attached materials, the Republican Party of Massachusetts files this complaint seeking an immediate investigation to determine whether Representative Markey violated the Code of Official Conduct or any law, rule, regulation, or other applicable standard of conduct for members of Congress. We demonstrate below that Mr. Markey likely violated the Code of Official Conduct in the performance of his duties or the discharge of his responsibilities, with respect to improperly using prohibited video from House floor and committee proceedings for political campaign purposes in addition to using official resources for nonofficial and political campaign purposes. The public record makes and an investigation will no doubt confirm that there is reason to believe that Ed Markey and his campaign committee for U.S. Senate has used official resources and prohibited video content to benefit his campaign. FACTUAL BACKGROUND On March 12, 2013, Mr. Markey and the Markey Committee released a television advertisement entitled Keep Standing Up, improperly using prohibited video from the House floor and committee hearings (Ex. A, and B). On March 12, 2013, Mr. Markey and the Markey Committee released a television advertisement using prohibited video from what appears to be a law enforcement office, a public building. This ad also features what appear to be public safety officers (Ex. C). On March 21, 2013, Mr. Markey and the Markey Committee release a television advertisement entitled Pay, improperly using prohibited video from the House floor and committee hearings (Ex. D). On March 26, 2013, The Boston Herald documented numerous instances where Mr. Markeys official congressional office directed taxpayer funded resources to aid the Markey Committee. Hillary Chabot, Joe Battenfeld, Markey Lynch lean on office, The Boston Herald, 3/26/13). HOUSE RULES: According to the Committee on Ethics website, use of official resources for campaign or political purposes is strictly prohibited (see http://ethics.house.gov/general-prohibition-against-using-official-resourcescampaign-or-political-purposes#campaign_floor_proceedings). House Rules state, as follows: "House Buildings, and House Rooms and Offices. The House buildings, and House rooms and offices including district offices are supported with official funds and hence are considered official resources. Accordingly, as a general

rule, they may not be used for the conduct of campaign or political activities. Thus, for example, a Member may not film a campaign commercial or have campaign photos taken in a congressional office. House rooms and offices are not to be used for events that are campaign or political in nature, such as a meeting on campaign strategy, or a reception for campaign contributors. "Coverage of House Floor and Committee Proceedings. Broadcast coverage and recordings of House floor proceedings may not be used for any political purpose under House Rule 5, clause 2(c)(1). In addition, under House Rule 11, clause 4(b), radio and television tapes and film of any coverage of House committee proceedings may not be used, or made available for use, as partisan political campaign material to promote or oppose the candidacy of any person for public office. "Internal Office Files. Internal office files, such as research files on legislation, may not be used for campaign or political purposes. "Letters, News Releases, Other Printed Materials, and E-mails. Under regulations issued by the Committee on House Administration, neither a letter nor any other kind of document (including a news release) may be printed on official House stationery unless the content of the document complies with the Franking Regulations. House Administration Committee regulations further provide that any advertisement paid for by a congressional office, as well as any printed materials produced by an office, must be frankable in content. " REMEDY SOUGHT: Accordingly, the Massachusetts Republican Party respectfully requests that the Commission conduct an investigation on an expedited basis into the seeming violations outlined herin; and, enter into a prompt conciliation with any wrongdoers and to ensure that these violations immediately cease and do not reoccur. The above is correct and accurate to the best of my knowledge, information, and belief. Sincerely, Nate Little

Exhibits:

A:

B:

C:

D: