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Iowa Ethics and Campaign Disclosure Board 510 E 12", Ste 1A Des Moines, IA 50319 Fax: 515-281-4073 Complaint Form Jowa Code Section 688.328 RE: DeJear for lowa, Deidre DeJear as the Candidate Name of the subject ofthe complaint Address, if known: ‘Subject’s Street Address Apt Number ily, State, Zip Code, Telephone Number iravailable BY: William R. Gustoff ‘Name of Complainant (person Tiling the complaint) Complainant's Address: 521 East Locust St., Suite 302 Saeet AddressTApt Number Des Moines, IA 50309 Gily, State, Zip Code, Telephone Number COMPLETE THE FOLLOWING SECTION OR ATTACH A SEPARATE DOCUMENT CONTAINING THE REQUISITE INFORMATION: 1, William R. Gustoff hereby complain that_ DeJear for lowa/Deidre DeJear Name of Complainant Subject of Complaint has committed an act or acts that violate the provisions of lowa Code Chapter 68A (campaign finance), Chapter 68B (Executive Branch ethics & lobbying) or the Board’s administrative rules in that on or about: As reported in Dr-1 Filings July 15, 2017 and April 26, 2018; and in DR-2 Filings and Amended Filings on January 19, 2018; January 22, 2018; May 21, 2018; July 19, 2018; and October 10, 2018 List date(s) on which conduct or action(s) took place the subject of the complaint did the following (recite facts and actions taken that are believed to violate Chapter 68A, Chapter 68B or Administrative Rules adopted by the Board. Please cite the code or rule provision you allege has been violated.) If the space provided is inadequate, please attach additional sheet(s) to this form: Complaint Form - 1 DeJear for Iowa is a “candidate’s committee” under Iowa law, and Deidre DeJear is the “candidate” running for the office of Secretary of State. As such, the committee is required to file campaign disclosure reports under the direction of the candidate (see lowa Code section 68B.32A(8)). Deceptive or Improper DR-I Filings Delear for lowa was formed by the filing of a DR-1 Statement of Organization with the Iowa Ethics and ‘Campaign Disclosure Board (IECBD) on July 15, 2017 (See “Exhibit A” attached hereto). It also filed a subsequent DR-1 to amend its status by replacing its Treasurer from Terry Howell to Nicole Bartolozzi on April 26, 2018 (See “Exhibit B” attached hereto). Both versions of the DR-1 filing list the committee name ‘DeJear for lowa.” Italso appears that to be filed that the campaign formed a nonprofit corporation under lowa Code Section 504 by filing Articles of Incorporation for “DeJear for lowa, Ine.” (See “Exhibit C” attached hereto) with the Iowa Secretary of State on January 18, 2018 (a date between the two DR-I filings indicate above), However, it is not clear exactly what this corporation is or if itis related to the campaign committee. The second DR-1 filed after the Articles of Incorporation do not include the “Inc.” suffix. This lack of transparency and confusion caused by candidate DeJear’s mishandling of simple matters like filing organizational documents with the IECDB and the Iowa Secretary of State by an individual running the be the chief elections officer and business filings manager for the state are, unfortunately, it is typical of the pattern of carelessness and disregard for the law shown by Ms. Delear in her campaign filings and other matters. Ifthe nonprofit corporation is one and the same as the campaign, then her DR-1 should reflect the same name; however, she formed the nonprofit corporation using the wrong type of organization indicated in the ‘Articles of Incorporation. According to the Articles of Incorporation she filed to form Delear for Iowa, Inc., itis a charitable organization exempt under Section 501(c)(3) of the Internal Revenue Code. But Section 501(c)(3) charities are prohibited from engaging in campaign activities, so it cannot be used for her campaign, and any donations accepted by the corporation for campaign activities are in violation of federal tax law. If, instead, DeJear for Iowa, Inc., is a nonprofit corporation formed for some purpose other than the activities of the campaign committee bearing the same name, then Ms. Delear has violated Iowa Code Section 504.401(1) by using a name for the entity that implies the corporation exists for purposes other than it really does, and she has violated Iowa Code Section 504.401(2) by using a name deceptively similar to another organization that exists—and that being an organization she herself formed. This is an incredible violation for someone seeking to run for the office that enforces these sections of the Iowa Code. Campaign Donation Violations Towa Code Section 68.503 prohibits campaigns from accepting donations from corporations. Schedule A of the DR-2 filed by DeJear for lowa on January 19, 2018, and amended on January 22, 2018, show a donation from “Dallenbach, Inc.” in the amount of $50.00 in clear violation of Iowa law. Towa Code Section 68,502 prohibits contributions to a campaign in the name of another party. Schedule A of the DR-2 filed by DeJear for Iowa on January 19, 2018, and amended on January 22, 2018, show a ‘Complaint Form - 2 donation from “Bigelow Services LLC” from Muskogee, Oklahoma, in the amount of $500.00. A search of the records of the Secretary of State of Oklahoma do not reveal the existence of any such entity. This would appear to be a fake name of an entity or some other arrangement making a donation in the name of another. Towa law permits donation to campaign committees from limited liability company; however, Iowa law requires LLCs that donate a cumulative sum of $1000 or more to register as a PAC in the state of Iowa. Schedule A of the DR-2 filed by DeJear for lowa on May 21, 2018, and amended on October 10, 2018, show two donations from “Lle, K and $ Investments” in the amount of $1,000.00 and $2,000.00, both on ‘April 10, 2018, This is presumably actually “K & S Investments, LLC” registered with the lowa Secretary of State (See “Exhibit D” attached hereto), since the both show an address of 801 University Avenue in Des Moines. K & S Investments is not registered as 2 PAC in the state of Iowa, and these donations are Clear violations of the law. Towa law prohibits donations to a campaign committee from a campaign committee. Schedule A of the DR22 filed July 19, 2018, shows a donation from “Swalwell for Congress” in the amount of $500.00. ‘Acceptance of this donation was in clear violation of Iowa law. To make this matter worse, the amended DR-? for this period filed on October 10, 2018, changed the entry to add “This is a registered PAC” to the report of this donation. That is false, and an obviously intentional effort to mislead the public and the TECDB. Iowa Code Section 68A.203 requires all donations in excess of $25 to be accompanied by the name and ‘address of the party making the donation. Every one of the DR-2 filings indicated in this complaint list “unitemized” contributions. Some of those are facially compliant, some are clear violations, and the total of the “unitemized” contributions taken as a whole on candidate DeJear’s SR-2 reports raise serious ‘questions about using that reporting method to circumvent the law. The DR-2 reports indicated above show at least 26 “unitemized” donations totaling at least $5,631.72, which would require at least 226 first- and only-time donors. In addition, at least two of these “unitemized” donations stretch the limit of credibility, one listed in the amount of $2,500 (requiring at least 100 people to give no more than $25 at the same time) and $1,144 (requiring at least 46 people to give no more than $25 at the same time), and neither of those indicates they were at a fundraiser or event, Several donations were shown on the DR-2 Forms as PAC or lobbyist donations during the legislative session, in violation of fowa law. Although it appears that most or all of those were retumed at some point, it was a violation to accept them (especially for one seeking to occupy the office charged with enforeing our state’s election laws), and it is further evidence of the careless disregard Ms. DeJear has shown for the law. This continues to be a pattern by Ms, Delear in both professional and personal circles, and she has now carried that over to her reports to the IECDB. Therefore, I request that the Board immediately open an investigation to determine these violations of state campaign finance laws and assess whatever reprimands and penalties are applicable. Names and addresses of persons other than yourself who are or may be activities: esses to the above described ‘Complaint Form -3