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[UPDATE] Elections Commission Drops Investigation After DEC Fined

Posted: 6:24 PM Feb 21, 2012
Reporter: Andy Alcock
Democratic Leader Points to Tallahassee Mayor in Campaign Probe 2-22

UPDATE Tallahassee, FL February 21, 2012

A local Democratic leader says Tallahassee Mayor John Marks and his campaign chair Sean Pittman were involved in a questionable campaign contribution days before the August 2010 primary.

A slap on the wrist.

A local democrat characterizes a fine against his own party that way.

Ron Bunting filed the complaint against the Leon County Democratic Party for what he calls an illegal contribution to Tallahassee Mayor John Marks campaign.

In our exclusive story, we look at the complaint and what the Florida Elections Commission had decided to do about it.

"Basically, they broke the law." - Ron Brunting

Ron Bunting has been a member of the Leon County Democratic Party Executive Committee or DEC since 1993.

In a complaint against that same group, Bunting claims the DEC broke state campaign finance law.

He says today, the Florida Elections Commission behind closed doors, ruled there was probable cause he was right.

But instead of the commission moving forward with an investigation, the DEC opted to take a $500 fine.

Brunting says, "I didn't take this time to do this just to watch them get a slap on the wrist which is what this constitutes."

Here's the issue.

As we first reported earlier this month, it revolves around this flyer promoting Tallahassee Mayor John Marks re-election campaign in 2010.

It also attacks his opponent Steve Stewart, who narrowly lost out on a runoff chance against the mayor, some people say, because of the flyer.

Bunting says the problem is the flyer was illegally paid for just days before the campaign and the party failed to file proper paper work.

The money originated with this man, Mark Herron and his group Alliance for a Better Government.

According to records obtained exclusively by WCTV, That group donated 46-hundred-75 dollars and 66 cents to the Democratic Party.

A bill for the flyer to the Pittman law group was for exactly $250 less than the donation.

Bunting contends that extra 250 was a bribe to the party to pass the money to the mayor's re-election campaign.

The group in question is Sean Pittman's law firm, who was the mayor's campaign manager in 2010.

Jon Ausman, who carried the check from Herron to Pittman and says he didn't know it's purpose at the time, says it's time to move on.

Ausman says, "It's time for Democrats to stop fighting Democrats"

Herron and Pittman have previously admitted mistakes were made. The mayor's lawyer says no complaint has been filed against Marks.

But Bunting points out Pittman, Mayor Marks and Herron are all lawyers.

Herron, in fact, is an ethics lawyer.

Bunting believes the three men knew what they were doing was wrong.

Brunting says, "Everybody that's involved in this has broken the law."

This afternoon, the lawyer representing the Democratic Executive Committee issued a written statement.

He says the party acknowledges accepting and spending money on the 2010 primary within five days of the election, which is against the law.

He says it was a mistake.

The statement says the party has agreed to pay a $500 fine.

Leaders are also reviewing internal procedures to prevent it from happening again.

Meanwhile, a local activist says he'll file a complaint against Mayor Marks, Sean Pittman and Mark Herron.


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Tallahassee, FL February 9, 2012

A key Democrat says Tallahassee's mayor and his campaign manager were involved in a questionable campaign contribution in 2010. The Florida Election Commission is currently investigating the Leon County Democratic Party for its role in the campaign contribution.

Jon Ausman is the longest serving Florida member of the Democratic National Committee.

In August 2010, two weeks before the primary, Tallahassee Mayor John Marks and his campaign manager Sean Pittman called Ausman asking for help.

The mayor believed his re-election campaign was in trouble..

Ausman suggested the mayor and Pittman send out a flyer targeting specific voters.

"The next thing I know, I get a phone call from the mayor two days before the election to pick up a check, a donation to the Leon County Democratic Party and to pick it up at Sean Pittman's office", said Ausman.

Ausman said he picked up the check, dropped it off with the party and didn't think anything about it.

"As far as I knew, there were no strings attached and I reported that to the committee", said Ausman. "That was not the case though", said Andy Alcock. "Correct", said Ausman.

According to records obtained exclusively by WCTV Eyewitness News, nearly all the checks went to Marks' re-election campaign.

A flyer slamming the mayor's opponent Steve Stewart says it was paid for by the Leon County Democratic Executive Committee.

But it was never approved by the committee.

State records show the party paid the mayor's campaign bill of $4425.66 to Target Copy for the flyer.

And it shows the party obtained the money the day before the election.

Under Florida law, it's illegal for political parties to give money to candidates within five days of an election.

Where did the money come from?

It came from Attorney Mark Herron who didn't want to talk to us on camera.

Off camera, he says it was a mistake for his group called "Alliance For a Better Government" to give the money to the Leon County Democratic Party.

State records show the check was $4675.66 dollars, $250 more to the penny than the mayor's bill for his flyer.

Results show the flyer could have made a significant difference in a very close election.

In early and absentee voting, records show the mayor was under 50 percent and facing a run off with Steve Stewart...

After the flyer, he barely avoided that run off.

"It was a devastating loss for us the election and the facts that are coming to light again, they're unfortunate", said Steve Stewart.

Last week, we asked the mayor's attorney Ron Meyer if Marks was involved in the contribution.

He didn't specifically answer the question, instead stating to his knowledge, no complaint has been filed against the mayor.

Meanwhile, Ausman says the Leon County Democratic Party is negotiating for a $500 fine from the Florida Election Commission.

It's for, by the party's own admission, an improper contribution of more than 44-hundred dollars.

"They'll take that deal every time, won't they?", said Andy Alcock. "I would think so, the mayor spent $150-thousand in the primary election", said Ausman.

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