Fichter Violates Campaign Finance Laws

Letter sent to Representative Fichter, December 5, 2004.

December 5, 2004

Representative John W. Fichter
Route 73 and Bustard Road, Suite 1
PO Box 129
Worcester, PA 19490

VIA FAX 610-584-2292

Dear Representative Fichter:

As a a taxpayer-funded employee of the State of Pennsylvania, answerable to your constituents, and responsible for making and upholding the law, you are required to divulge all campaign expenditures made on behalf of your candidacy. As a 6-term incumbent, I would expect you to have a detailed understanding and experience with compliance with Pennsylvania's Campaign Finance Reporting laws.

However, I have perused your latest (Cycle 6, 30-day Post-General Election 2004) Campaign Finance Report and find many discrepancies. I am aware of numerous mass mailings, robo-calls, and polling done on behalf of your candidacy by, for example, the Republican State Committee of Pennsylvania, which are not accounted for on your Campaign Finance Report. I would estimate that these contributions from the Republican State Committtee and other groups have totaled many tens of thousands of dollars, if not more, over the course of your campaign.

Whether these were presented to your campaign as In-Kind Contributions, or direct contributions, they all MUST be accounted for on your Campaign Finance Report (see attached portion of law). I am aware of the items on your Campaign Finance Reports which are reported as contributions to the Republican Committee, and I'm aware that they would likely have been returned to you, along with additional value provided by the Committee, in the form of In-Kind Contributions. I hereby request that you amend your Reports to include any and all of the In-Kind Contributions that your campaign received, with the required explanations as to the nature of the Contributions (e.g., robocalling, polling, printing, mailing, and design).

Through this letter, I am hereby notifying you and the Pennsylvania Department of State of these obvious discrepancies. I am requesting you to take prompt action to comply with the laws of the Commonwealth of Pennsylvania. The conduct of free and fair democratic elections in our country demands full compliance with campaign finance reporting laws. Further, as a state legislator, you have a special duty to comply with relevant state legislation. I hope and trust that you share my concern regarding the openness, fairness and legality of our democratic process, and that you will take action immediately to correct this oversight and amend your report to correct the violations of the law contained therein.

Very truly yours,

Matthew Gordon
Democratic Candidate for State Legislature, 70th District, 2004

Pedro Cortes, Secretary, Department of State, Commonwealth of Pennsylvania
Dan Kelley, Times-Herald
Marcel Groen, Chairman, Montgomery County Democratic Committee

Attachment:

As stated in the law of the Commonwealth of Pennsylvania:

The word "contribution" shall mean any payment, gift, subscription, assessment, contract, payment for services, dues, loan, forbearance, advance or deposit of money or any valuable thing, to a candidate or political committee made for the purpose of influencing any election in this Commonwealth or for paying debts incurred by or for a candidate or committee before or after any election. “Contribution” shall also include the purchase of tickets for events such as dinners, luncheons, rallies and all other fund-raising events; the granting of discounts or rebates not available to the general public; or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and any payments provided for the benefit of any candidate, including any payments for the services of any person serving as an agent of a candidate or committee by a person other than the candidate or committee or a person whose expenditures the candidate or committee must report under this act. The word "contribution" includes any receipt or use of anything of value received by a political committee from another political committee and also includes any return on investments by a political committee.



			Letter sent to Representative Fichter, December 5, 2004. December 5, 2004 Representative John W. Fichter Route 73 and Bustard Road, Suite 1 PO Box 129 Worcester, PA 19490 VIA FAX 610-584-2292 Dear Representative Fichter: As a a taxpayer-funded employee of the State of Pennsylvania, answerable to your constituents, and responsible for making and upholding the law, you are required to divulge all campaign expenditures made on behalf of your candidacy. As a 6-term incumbent, I would expect you to have a detailed understanding and experience with compliance with Pennsylvania's Campaign Finance Reporting laws. However, I have perused your latest (Cycle 6, 30-day Post-General Election 2004) Campaign Finance Report and find many discrepancies. I am aware of numerous mass mailings, robo-calls, and polling done on behalf of your candidacy by, for example, the Republican State Committee of Pennsylvania, which are not accounted for on your Campaign Finance Report. I would estimate that these contributions from the Republican State Committtee and other groups have totaled many tens of thousands of dollars, if not more, over the course of your campaign. Whether these were presented to your campaign as In-Kind Contributions, or direct contributions, they all MUST be accounted for on your Campaign Finance Report (see attached portion of law). I am aware of the items on your Campaign Finance Reports which are reported as contributions to the Republican Committee, and I'm aware that they would likely have been returned to you, along with additional value provided by the Committee, in the form of In-Kind Contributions. I hereby request that you amend your Reports to include any and all of the In-Kind Contributions that your campaign received, with the required explanations as to the nature of the Contributions (e.g., robocalling, polling, printing, mailing, and design). Through this letter, I am hereby notifying you and the Pennsylvania Department of State of these obvious discrepancies. I am requesting you to take prompt action to comply with the laws of the Commonwealth of Pennsylvania. The conduct of free and fair democratic elections in our country demands full compliance with campaign finance reporting laws. Further, as a state legislator, you have a special duty to comply with relevant state legislation. I hope and trust that you share my concern regarding the openness, fairness and legality of our democratic process, and that you will take action immediately to correct this oversight and amend your report to correct the violations of the law contained therein. Very truly yours, Matthew Gordon Democratic Candidate for State Legislature, 70th District, 2004 c. Pedro Cortes, Secretary, Department of State, Commonwealth of Pennsylvania Dan Kelley, Times-Herald Marcel Groen, Chairman, Montgomery County Democratic Committee Attachment: As stated in the law of the Commonwealth of Pennsylvania: The word "contribution" shall mean any payment, gift, subscription, assessment, contract, payment for services, dues, loan, forbearance, advance or deposit of money or any valuable thing, to a candidate or political committee made for the purpose of influencing any election in this Commonwealth or for paying debts incurred by or for a candidate or committee before or after any election. “Contribution” shall also include the purchase of tickets for events such as dinners, luncheons, rallies and all other fund-raising events; the granting of discounts or rebates not available to the general public; or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and any payments provided for the benefit of any candidate, including any payments for the services of any person serving as an agent of a candidate or committee by a person other than the candidate or committee or a person whose expenditures the candidate or committee must report under this act. The word "contribution" includes any receipt or use of anything of value received by a political committee from another political committee and also includes any return on investments by a political committee.
















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