of michigan johnson, department of state of state, bureau of elections, richard h. austin building,...

19
Phil Deschaine 1383 Silverwood Drive Okemos, Michigan 48864 Dear Mr. Deschaine: STATE OF MICHIGAN RUTH JOHNSON, SECRETARY OF STATE DEPARTMENT OF STATE LANSING November 22,2016 The Department of State (Department) received a formal complaint filed by Kristy Lindquist against you, alleging that you violated section 52(1)(c) ofthe Michigan Campaign Finance Act (MCFA or Act), 1976 PA 388, MCL 169.252(1)(c), by accepting a contribution in excess ofthe limits provided by the Act. A copy of the complaint is provided as an enclosure with this letter. The MCFA limits contributions to a candidate for local office in a district with a population of 85,000 or less to $1,000 per election cycle. MCL 169.252(l)(c). The MCFA further prohibits a candidate committee or a candidate from accepting a contribution that exceeds the contribution limits. MCL 169.252(7). A knowing violation constitutes a misdemeanor offense punishable by a fine of up to $1,000.00, imprisonment for up to 90 days, or both. MCL 169.252(9). The purpose of this letter is to inform you of the Department's examination of these matters and your right to respond to the allegations before the Department proceeds further. It is important to understand that the Department is neither making this complaint nor accepting the allegations as true. If you wish to file a written response to the complaint, you are required to do so within 15 business days of the date of this letter. Your response may include any written statement or additional documentary evidence you wish to submit. All materials must be sent to the Department of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit a response, the Department will render a decision based on the evidence furnished by the complainant. A copy of your reply will be provided to Ms. Lindquist, who will have an opportunity to submit a rebuttal statement to the Department. After reviewing all of the statements and materials provided by the parties, the Department will determine whether "there may be reason to believe that a violation of [the MCFA] has occurred[.]" MCL 169.215(10). Note that the Department's enforcement powers include the possibility of entering a conciliation agreement, conducting an administrative hearing, or referring this matter to the Attorney General for enforcement of the criminal penalty provided in section 52(9) of the Act. BUREAU OF ELECTIONS RICHARD H. AUSTIN BUILDING 1ST FLOOR • 430 W. ALLEGAN LANSING. MICHIGAN 48918 www . Michigan.gov/sos (517) 373-2540

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Page 1: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

Phil Deschaine 1383 Silverwood Drive Okemos, Michigan 48864

Dear Mr. Deschaine:

STATE OF MICHIGAN

RUTH JOHNSON, SECRETARY OF STATE

DEPARTMENT OF STATE LANSING

November 22,2016

The Department of State (Department) received a formal complaint filed by Kristy Lindquist against you, alleging that you violated section 52(1)(c) ofthe Michigan Campaign Finance Act (MCFA or Act), 1976 PA 388, MCL 169.252(1)(c), by accepting a contribution in excess ofthe limits provided by the Act. A copy of the complaint is provided as an enclosure with this letter.

The MCF A limits contributions to a candidate for local office in a district with a population of 85,000 or less to $1,000 per election cycle. MCL 169.252(l)(c). The MCFA further prohibits a candidate committee or a candidate from accepting a contribution that exceeds the contribution limits. MCL 169.252(7). A knowing violation constitutes a misdemeanor offense punishable by a fine of up to $1,000.00, imprisonment for up to 90 days, or both. MCL 169.252(9).

The purpose of this letter is to inform you of the Department's examination of these matters and your right to respond to the allegations before the Department proceeds further. It is important to understand that the Department is neither making this complaint nor accepting the allegations as true.

If you wish to file a written response to the complaint, you are required to do so within 15 business days of the date of this letter. Your response may include any written statement or additional documentary evidence you wish to submit. All materials must be sent to the Department of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit a response, the Department will render a decision based on the evidence furnished by the complainant.

A copy of your reply will be provided to Ms. Lindquist, who will have an opportunity to submit a rebuttal statement to the Department. After reviewing all of the statements and materials provided by the parties, the Department will determine whether "there may be reason to believe that a violation of [the MCFA] has occurred[.]" MCL 169.215(10). Note that the Department's enforcement powers include the possibility of entering a conciliation agreement, conducting an administrative hearing, or referring this matter to the Attorney General for enforcement of the criminal penalty provided in section 52(9) of the Act.

BUREAU OF ELECTIONS RICHARD H. AUSTIN BUILDING • 1ST FLOOR • 430 W . ALLEGAN • LANSING. MICHIGAN 48918

www . Michigan.gov/sos • (517) 373-2540

Page 2: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

Phil Deschaine November 22, 2016 Page 2

If you have any questions concerning this matter, you may contact me at (517) 241-0395.

c: Kristy Lindquist

s· ely,

L A l:vt.~w~):;n)v-~__~ Bourbonais

Bureau of Elections Michigan Department of State

Page 3: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

. '

r:r~cE I'' ~-'J iF! LEO t, ., -.1''!1 ~ ~! r-·'\T (-,... -,.~~~

Campaign Finance Complaint Form : · ; : · · · · ·: · ·.:- i · ,- ;:; rt'.; ·~

Michigan Department of State ZDI& HOV 17 PN 3: 1.}5

This complaint form may be used to file a complaint alleging that someode -vlblated. ih:e~ Mi<fhiga'"aL Campaign Finance Act (the MCFA, 1976 PA 388, as amended; MCL 169.201 et seq.). All information on the form must be provided along with an original signature and evidence. Please print or type all information.

City State

0 <[ttY\0 hl

SJftion(s) of th~ MCFA violated:

Lo"+c' ~v..J..·fcl""\ Explain how those sections were violated:

h $ 1000.

Mr. ~tS~f'l!.. V'ece ;v•..\. .$ I)Oo fro"' tA St\'ft c-loNJY:

Hr. teJlJ~ DeU-:.,-~tooofJY\ (llljl(, tt"e\. ~s-oo ""' lolc.,/l(,.

Evidence that supports those allegations (attach copies of pertinent documents and other information):

Page 4: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

X

I certify that to the best of my knowledge, information, and belief, formed after a reasonable inquiry under the circumstances, each factual contention of this complaint is supported by evidence.

Date

Section 15(6) of the MCFA (MCL 169.215) requires that the signed certification found in section 4 of this form be included in every complaint. However, if, after a reasonable inquiry under the circumstances, you are unable to certify that certain factual contentions are supported by evidence, you may also make the following certification:

X

I certify that to the best of my knowledge, information, or belief, there are grounds to conclude that the following specifically identified factual contentions are likely to be supported by evidence after a reasonable opportunity for further inquiry. Those specific contentions are:

------~--~~~~------------------Signature of Complainant Date

Section 15(8) of the MCFA provides that a person who files a complaint with a false certification is responsible for a civil violation of the MCF A. The person may be required to pay a civil fine of up to $1,000.00 and some or all of the expenses incurred by the Michigan Department of State and the alleged violator as a direct result of the filing of the complaint.

Mail or deliver the completed complaint form with an original signature and evidence to the following address:

Revised: 01/16

Michigan Department of State Bureau of Elections

Richard H. Austin Building - I st Floor 430 West Allegan Street Lansing, Michigan 48918

Page 5: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

111712016 Michigan Elections- Disclosure Division- - Contributions And Other Receipts

Independent

Political Committees, State

Type of Committees District and Central

Candidate and County Political

Individuals Political Party

Party Committees Committees

State Elective Gl Offices* $68,00011 $136,00011

jstate Senator II $2,00011 $20,oooll $20,oooll

State Gl $10,0001GI Representative

Local or judicial candidate $6,800 $68,000 $68,000 district pop. Over 250,000

Local or judicial candidate

$2,000 $20,000 $20,000 district pop. 85,001 to 250,000

Local or judicial L candidate $1,000 ~ $10,000 $10,000 district pop. ......

up to 85,000

Caucus Committee(lndependent

Committee)

Note: Please print the Appendic

to complete the manual.

Appendices:

liJinclude TOC - II · '- ,

Bundling Bundling Political Independent

Committee Committee

$68,oooiGI $68,0001 **Unlimited II NIAll N/AI

••unlirrrite{3C3

$68,000 N/A N/A

$20,000 N/A N/A

$10,000 N/A N/A

*State elective offices are Governor, Lt. Governor, Secretary of State, Attorney General, Supreme Court Justice, State Board of Education, University of Michigan Regent, Michigan State University Trustee and Wayne State University Governor.

*A Senate or House Caucus committee is prohibited from making a contribution to or an expenditure on behalf of a State Representative or State Senate candidate for the primary election if the candidate is running against opposition in a primary.

ACCEPTABLE CONTRIBUTIONS AND EXEMPTIONS

Page 6: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

~ MICHIOAH DEPARNENT OF STATE te;g BUREAU OF ELECTION8

ITEMIZED CONTRIBUTIONS SCHEDULE1A 1. Commltlooi.D. Number _;,4.::6.::3.::0.::5 _______ _

CANDIDATE COMMmEE 2. eom 11181 Na Citizens for Phil Deschaine m me

EnW conlribulc(o....,.- edd11111. II contl1bullon II llam an lndlvldulll, -INI nemo, Irs! n-. 18.Amount ,7.~1or middle lnlllal. Check bolito lndata II conlrtbullon II llam • Political Comm~ «an lndol)endent Eledlon Cycle lor EliCh Com- (PAC) Rllpott II. Clll!ll1bulloM ~ ollltiiOUIII. ~raus;.

3. Conlrtbullon II 1 PAC ._.pi? uve~ 4.DollofR-'IIt 06/21/16 Name I ~<~draa: Vallillee,Beverty 18 Christy Rd.

~ 100.00 ,100.00 Battle Creek, Ml 49015 5. •-1100.00 cumuladw, piMu pnnrklo:

Click Here for Memo ltemlzaUon ClcxqJeUon Emplayw

llullnN8 AddrMa

Typ. ol COnllfbullan: [to'j01r..t [ J l.oM fi'DIU ~ r 1 Fund Raloor

3. Conlrtbullon 112 PAC Recalpl? DYES 4.Datao1Recelpt 06/21/16 Name I Adclreu

Deschaine, Marianne ,25.00 ,25.00 140 S.Van Ness Ave. #1101

San Francisco, CA 94103

s. 1-a1oa.oo c~ pill .. provldr. Click Here for Mama Itemization

Occupll1lan ~

l!uiNu AddNII Type al ConlltUion: ~Diteol o~'"""·- D Fund-

3. ContlbutiGn • 3 PAC Recelp!? Nllmel~:

DYES 4.DabloiR-Ipl 06/21/16

Fmlaberg, Brent s100.00 ,100.00 2422 Jolly Rd.

Okemos, Ml 48864

5. "-$110.10 CllllllllatiiM, pi-• pnnrklo: Click Here for Memo Itemization

Oa:updon Employllr

~-~· Type ol Ccn1bullon: fll"'l OINct r1~flam.,.._. ( ] Fund RIIHt

3. COI*blllon • 4 PAC Rapt? 0 YES 4. Dote of R-'Pt 07/11/16 Name I AddrMI

Dean,Kellia 215 Chimney Oaks s 1000.00 I 1000.00 Okemos, Ml 48864 a. lowr $100.00 cunMnJw. plUM pnwlde:

Oocupat~on Owner Employer Dean Transportation Click H81'11 for Memo Itemization

~AddNII4812 Aurelius Rd. Lansing, Ml 48910 Type of CGnll1lluCian: 0 Dhcl. OL.-.IIama~ n FundR-.w

Page 8ubiD!al l$1.225.00 I Gland TCUI of All Sd!oduill 1A, r

(ComPete on lal1 paged Sdledule) I Page_1_of~

Page 7: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

' 1

~ MICHIGAN DEPARTJ.lENT OF STAlE ~ BUREAU OF ELEC110NS

REMaEDCONT~BUTIONS SCHEDULE1A 1. Commit1ee ID. Number 46305 -----------------------

CANDIDATE COMMITTEE 2 CommlnMN ...... Citizens for Phil Deschaine

Emir contribulm'a name and add,_ If conll1butlan II !rom an Individual, en1er IMt....,.,lnl namo, , ~.- I 7. Cwnulltlvu for middle ln1111t. a..a baa ID lnc~Qie r conlrlbullon II !tom a Political Commlltae et an Independent Election Cyda fer Each

Cammlllae (PAC)Repond """-,_.......01_. ~~ 3. Contrtbutlan ' ' PAC~uYES 4. Dtllll af R-pl 1 0/06/16 ~me&~

Dean, Kellie 215 Chimney Oaks Dr.

~500.00 '1500.00 Okemos, Ml 48864 II. If-5100.00 curnulallw, p ..... provide:

Click Hens for Memo llemlzatJon 0awpa11on Owner emp~arwr Dean Transportation -....- 4812 Aurelius Rd. Lansing, Ml 48910 Typo ol Conlli>utton: [ l01rec1 [ ] Loan lrcm • pnon r.11 Ftnl Ralur

3. ContrtbutiDn 12 PAC Rec81pt? DYES 4. 0.18 of Receipt 1 0/06/16 Nllme&Addnla

Vagnozzi, Steve ,25.00 ,25.00 2144 Woodfteld Rd.

Okemos, Ml 48864 5, II over 11GG.IO oumutall .. , pleue pravlde: Click Hent for Memo Itemization

Occup.tlon Elll)llo)w

BLIIInenAddrua

Typo o1 Can111bution: Ootrect D Loan"""' •I*Wll'l ~ Funes Raiser

3. Cantr1bution' 3 PAC R.ecolpt? DYES 4. Dtlla01Reoalpi1Q/06/16 Nama & Addran: Baldwin, Richard ,25.00 ,25.00 5547 Star Flower Dr. Haslett, Ml 48840 IS. If- S1GG.IO c:umul-, pi- pro~:

Click He111 for Memo Itemization

Occur-tlon Employer

auu-Adclrnl Typool~ ( ]Dii'IICI [ ] Loan lrcrn a (1111011 l;f) Fund Railer

3. Ccnlbu1ian N 4 PAC Reclllpt? ~ YES 4. Date ol Receipt 1 0/06/16 Name&Adclrnl Committee to Elect Milton L. Scales P.O. Box 1552 ,50.00 s 100.00 Okemos, Ml 48864 IS. .,_ 1100.00 ~,., ....... provide:

Click Here for Memo Itemization Occuplltion Employw

S.....AddreA

T)lllt ot Cont11bution: 0 Di111C1 0 Loan lrcm e per~an ~ Fund Ral1ar

Page Sui*>W l$600.00 1 Grand Talal 01 All Schedulet 1A. r

(Complela an 1ut pege at Schedule) -I

En1ar lhiS lOlBI on line 311 o1 Bum11111ry PaQ..

----- ·- ·----·-- ··----- ·---·------

*

Page 8: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

Kristy J. Lindquist 4436 Copperhill Drive Okemos, Michigan 48864

Dear Ms. Lindquist:

STATE OF MICHIGAN

RUTH JOHNSON, SECRETARY OF STATE

DEPARTMENT OF STATE LANSING

January 3, 2017

The Department of State received a response to the complaint you filed against Phil Deschaine, which concerns an alleged violation ofthe Michigan Campaign Finance Act (MCFA), 1976 P.A. 388, MCL 169.201 et seq. A copy of the response is provided as an enclosure with this letter.

If you elect to file a rebuttal statement, you are required to send it within 10 business days of the date of this letter to the Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918.

c: Phil Deschaine

.,Jcerely,

~-A6~~~ Lori A. Bourbonais Bureau of Elections Michigan Department of State

BUREAU OF ELECTIONS RICHARD H. AUSTIN BUILDING • 1ST FLOOR • 430 W . ALLEGAN • LANSING. MICHIGAN 48918

www . Mir.hinan nnv/e:ne: • /1:\17' ":1.7-:t_?l:iAn

Page 9: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

Phil

Democrat for Meridian Townsllip Trustee

December 7, 2016

~, ._,

Lori Bourbonais r ' r ~ -~~

Michigan Department of State 0 r.,..1 Bureau of Elections

C .... CJ

<>'

(")

Richard H. Austin Building (..,.)

430 West Allegan ~ I rt : .. "J~

Lansing, Ml 48918 ~· -·'-' ~

- i C ) (1-,

:~ -,, Cl

Dear Ms. Bourbonais, co

I am writing in response to your letter date November 22, 2016 regarding the complaint from Kristy Lindquitst that I had exceeded the contribution limits for my campaign committee #46305.

. ' .• ~ ··-;1 • • ~· 1_:- 'I

: •• ~I ';"j

··:i~··: ", . r I -~) (""_) ,._, ........ ~:=:.! -,.1-·

;.~ ~-] =-i

In have reviewed my pre-election report and realized I had misreported a donation. I re·ported a $500 donation from Kellie Dean, which would have put me over the $1,000 limit from Mr. Dean. However, I kept a copy of the original contribution and discovered the check in fact was not from Kellie Dean but his wife Marilyn Dean. I have enclosed a copy of the check.

On December 5th I filed an amended pre-election report. I have enclosed a copy of that

amended report.

Please contact me if you have any questions.

fjjoU~ Phil Deschaine

Paid for by Phil Deschaine for Meridian Township Trustee, 1383 Silverwood Drive, Okemos, Ml 48864 517-410-0061- www.PhiiDeschaine.com Printed In House- Labor Donated

Page 10: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

--- - --- -· -· ,o-- ---=--~ ... :::-:, ___ ·~=-·-- ----~-.,--------··--~-,.--. __ ... _- .. ---·----. _________ ... ___ ... ________ :.-__ .. . __ _

QPNCB ~Bank. N.A 1)70

, . ~ .. (JHtJ/d2_h.J hL 1M) ..

Page 11: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

MICHIGAN DEPARTMENT OF STATE BUREAU OF ELECTIONS

CANDIDATE COMMITTEE COVER PAGE

FOR OFFICIAL USE ONLY

Report must be legible, tvped or printed In Ink and signed by the treasurer (or aeslgnaled record keeper) and candidate.

3. This Statement covers From: 08123116 to 10/23/16

1. Committee I.D. Number

46305 2. Committee Name

4. Candidate Last Name

Deschaine Phil First Nama

4a. Office Sought Including District# or Community Served (If applicable)

Meridian Township Trustee

M.l.

A

Citizens for Phil Deschaine 4b. County of Residence INGHAM

5. Committee's Mailing Address

1383 Silverwood Dr. pkemos, Ml 48864

6. Treasurer's Name & Residential Address

Gail Deschaine 1383 Silverwood Dr. Okemos, Ml 48864

Area Code and Phone (517) 41()...()061 If the address in this box+is-d-:::iff~e-re-n-=-t f;-ro-m-:;-th_e_co_m __ m __ i:;;-ttee---malling address on the Statement of Organization, mall may be sent to this address by the filing official. Area Code & Phone (517) 930-7016

7. Treasurer's Business Address

4141 Hull Rd. Leslie, Ml 49251

Area Code and Phone ( 517) 589-9500

9. TYPE OF STATEMENT

9a. l&J Pre-Election OR 9b. 0Post-Eiectlon

Pre-Election or Post-Election Statement relates to:

~Primary t8]General

[]convention

(]special

0School

Ocaucus

Date of Election, Convention or Caucus

11/08/16

8. Designated Record keeper's Name and Melling Address (If the committee has a Designated Record keeper)

Area Code and Phone

Required ONLY if candidate is not on the ballot for the cunrent year:

0July Quarterly

D October Quarterly

Sc. 0Annual Statement ( ) Coverage Year

9d. ~Amendment to Campaign Statement (Complete Item 9a, 9b, 9c or 9e to indicate which Statement is being amended.)

9e. Dissolution of Candidate Committee

Dey checking this Item lfWe certify any outstanding debt by the committee to the candidate or his or her spouse is here by discharged and forgiven, and no longer collectible from the committee. The committee has no oustandlng assets, owes no fates feasor has any oustanding debt.

Further, If the dissolution cannot be granted, that this be considered a request for the Reporting Waiver.

Effective date of dissolution

Note: The disposiUon of residual funds must be reported on Schedule 1 B and the Summary Page.

10. Verification: 1\We certify that all reasonable diligence was used In the preparation of this statement and attached schedules Of any) and to the best of my\our knowledge and belief the contents are true, accurate and Acomplete.

CurrentTreasureror Gail Deschaine ··· '!~~ 12/3/16 Designated Record keeper ~~ Date

Type or Print Name Signature

c., .... ~ Phil Deschaine I /Jt:J.. ~A ...... '""'"«:; Oa~ 12/3/16 Type or Print Name Signature

Authority granted under P.A. 388 of 1976

--------------------------- - ···----·---------

Page 12: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

MICHIGAN DEPARTMENT OF STATE BUREAU OF ELECTIONS

SUMMARY PAGE CANDIDATE COMMITTEE

RECEIPTS

3. Contributions

a. Itemized (Schedule 1A - Column 6)

b. Unitemlzed (Jess than $20.01 each- no Schedule)

c. Subtotal of "Contributions"

4. Other Receipts (Schedule 1A -1, Column 6)

5. TOTAL CONTRIBUTIONS AND OTHER RECEIPTS (Add Line 3c +Line 4)

IN-KIND CONTRIBUTIONS & EXPENDITURES

6. In-Kind Contributions (Schedule 1-IK, Column 7)

7. ln·Klnd Expenditures (Schedule 16-IK, Column 6)

EXPENDITURES

8. Expenditures

a. Itemized (Schedule 1B, Column 6)

b. Itemized Get-Out-the-Vote (Schedule 1B-G)

c. Unltemized (less than $50.01 each- no Schedule)

9. TOTAL EXPENDITURES (Add Line Sa+ Une Bb + Une Be)

INCIDENTAL EXPENSE DISBURSEMENTS (Officeholders Only)

10. Disbursements a. Itemized (Schedule 1C, Column 6)

b. Unltemlzed (less than $50.01 each- no Schedule)

11. TOTAL INCIDENTAL EXPENSE DISBURSEMENTS (Add Line 10a + Une 10b)

DEBTS AND OBUGATIONS 12. Debts and Obligations

a. Owed by the Committee (Schedule 1 E)

b. Owed to the Committee (Schedule 1E)

13. Ending Balance of last report filed (Enter zero If no previous reports have been filed.)

14. Amount received during reporting period (Line 5, Total Contributions & Other Receipts)

15. SUBTOTAL Add lines 13 and 14 16. Amount expended during reporting period

(Add lines 9 and 11) 17. ENDING BALANCE

(Subtract line 16 from line 15)

1. Committee I.D. Number _4_6_3_0_5 ____________ _

2 committee Name Citizens for Phil Deschaine

Column I Column II This Period Cumulative this election cycle

(3a.) $ 3,110.00

(3b.) $ NOT APPLICABLE

(3c.) $ $3,110.00 (18.)$ $11,931.69

(4.) $ $0.00 (19.) $ $0.00

{5.) $ $3,110.00 (20.) $ $11,931.69

(6.) $ $0.00 (21 .)$ $314.00

(7.) $ $0.00 (22.)$ $0.00

(Ba.) $ $3,855.69

(Bb.) $ $0.00

(Be.) $ $0.00

(9.) $ $3,855.69 (23.) $$11 ,824. 78

(10a.) $ $0.00

(10b.) $ $0.00

(11.) $ $0.00 (24.)$ $0.00

(12a.)$ $5,676.69

(12b.)$ $0.00 BALANCE STATEMENT

(13.) $ $852.60

(14.) + s $3,110.00

(15.) = $ $3,962.60

(16.)- $ $3,855.69

(17.) $ $106.91 •

--------· -----·---- ·----- ----------··

Page 13: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

O:ljj.~f MICHIGAN DEPARTMENT OF STATE ~ BUREAU OF ELECTIONS

ITEMIZED CONTRIBUTIONS SCHEDULE1A 1. Committee J.D. Number 46305 ----------------------------

CANDIDATE COMMITTEE 2. committee Name Citizens for Phil Deschaine Enter contributor's name and address. If contribution Is from an Individual, enter last name, first name, middle Initial. Check box to indicate If contribution Is from a Political Committee or an Independent Committee (PAC) Report a.!! contributions regardless of amount

3. Contribution # 1 PAC Receipt? DYES 4. Dale of Receipt 09/26/16 Name & Address:

Motherwell, Thomas A.

1153 Haslett Rd.

-Haslett, M! 48840

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: [11] Direct [ ] Loan from a person [ ] Fund Raiser

3. Contribution #2 PAC Receipt? D YES 4. Date of Receipt 09/30/16 Nama & Address

Titsworth, Geneva

1973 Valley Brook Dr.

Okemos, Ml 48864

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: ~Direct 0 Loan from a person D Fund Raiser

3. Contribution # 3 PAC Receipt? Oves 4. Date of Receipt 1 0/03/16 Name & Address:

Manni, Andy

4149 Luff Ct

Okemos, Ml 48864

5. If over $100.00 cumulative, please provide:

occupation Consultant Employer Self-Employed

Business Address 4149 Luff Ct. Okemos, Ml 48864 Type of Contribution: [II J Direct 0 Loan from a person [ J Fund Raiser

3. Contribution # 4 PAC Receipt? DYES 4. Date of Receipt 1 0/0 1/16 Name & Address

Vallillee,Beverly

18 Christy Rd.

Battle Creek, Ml 49015

5. If over $100.00 cumulative, please provide:

Occupation Retired Employer

Business Address 18 Christy Rd. Battle Creek, Ml 49015

Type of Contribution: ~ Direct 0 Loan from a person D Fund Raiser

Page Subtotal

Grand Total of All Schedules 1A (Com Jete on last a e of Schedule) p p 9

Page __ 1 ____ of~

-------------------------

6.Amount 7. Cumulative for Election Cycle for Each Contributor (Through date of receiotl

$25.00 ~ 25.00

Click Here for Memo Itemization

$15.00 s15.00

Click Here for Memo Itemization

s100.00 $300.00

Click Here for Memo Itemization

s 150.00 $ 250.00

Click Here for Memo Itemization

$290.00

Enter this total on line 3a of Summary Page.

Page 14: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

~~ MICHIGAN DEPARTMENT OF STATE ~ BUREAU OF ELECTIONS

ITEMIZED CONTRIBUTIONS SCHEDULE1A 1. Committee I.D. Number 46305 ---------------------------

CANDIDATE COMMITTEE 2. Committee Name Citizens of Phil Deschaine Enter contributor's name and address. If contribution Is from an Individual, enter last name, first name, middle Initial. Check box to indicate if contribution is from a Political Committee or an Independent Committee (PAC) Report all conlrlbullons regardless of amount

3. Contribution # 1 PAC Receipt? ~YES 4. Date of Receipt 10/03/16 Name & Address: Meridian Democrats 1383 Silverwood Dr. Okemos, MJ 48864

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: [11] Direct [ ] Loan from a person r l Fund Raiser

3. Contribution #2 PAC Receipt? 0 YES 4. Date of Receipt 10/05/16 Nama & Address

Holtshlag, David J. 1120 Bonanza Dr. Okemos, Ml 48864

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: ~Direct D Loan from a person D Fund Raiser

3. Contribution # 3 PAC Receipt? DvEs 4. Date of Receipt 10/06/16 Name & Address:

McKnight, Leroy 3553 Meridian Crossings Haslett, Ml 48840

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address Type of Contribution: 0 Direct [ J. Loan from a person ~ Fund Raiser

3. Contribution # 4 PAC Receipt? DYES 4. Date of Receipt 1 0/06/16 Name & Address

McDonald, Michael L. 5616 Wood Valley Dr. Haslett, Ml 48840

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: D Direct D Loan from a person ~ Fund Raiser

Page Subtotal

Grand Total of All Schedules 1A Complete on last page of Schedule)

6. Amount 7. Cumulative for Election Cycle for Each Contributor (Through data of receipt\

s400.00 ~400.00

Click Here for Memo Itemization

$50.00 . $50.00

Click Here for Memo Itemization

$25.00 $25.00

Click Here for Memo Itemization

$20.00 $ 50.00

Click Here for Memo Itemization

$495.00

Enter this total on line 3a of Summary Page •

.. " . ..... ·-····---·-.. -·-------------------

Page 15: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

'f~f~ MICHIGAN DEPARTMENT OF STATE ~ BUREAU OF ELECTIONS

ITEMIZED CONTRIBUTIONS SCHEDULE1A 1. Committee I.D. Number 46305

--------------------------~

CANDIDATE COMMITTEE 2. committee Name Citizens for Phil Deschaine Enter contributor's name and address. If contribution is from an Individual, enter last name, first name, middle Initial. Check box to Indicate If contribution Is from a Political Committee or an Independent Committee (PAC) Report §il contributions regardless of amount.

3. Contribution # 1 Name & Address:

PAC Receipt? · O YES 4. Date of Receipt 1 0/06/16

Premoe, David 3884 Pine Knoll Dr. Okemos, Ml 48864

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: [ ]Direct [ ] loan from a person [~ Fund Raiser

3. Contribution #2 Name & Address

PAC Receipt? DYES 4. Date of Receipt 1 0/06/16

Harkness, Cullen 5240 Madison Ave. Apt. 85 Okemos, Ml 48864

s. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: DDiract 0 Loan from a person ~ Fund Raiser

3. Contribution# 3 PAC Receipt? Oves 4. Date of Receipt 1 0/06/16 Name & Address:

Scott, Mary 1570 Picadilly Dr. Haslett, Ml 48840

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address Type of Contribution: [ J Direct [ J Loan from a person [v] Fund Raiser

3. Contribution # 4 PAC Receipt? DYES 4. Date of Receipt 10/06/16 Name & Address

Bolton, Dean 4621 Ottawa Dr. Okemos, Ml 48864

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: D Direct D Loan from a person ~ Fund Raiser

Page Subtotal

Grand Total of All Schedules 1A (Complete on last page of Schedule)

6. Amount 7. Cumulative for Election Cycle for Each Contributor (Through date of receiot\

$50.00 ~ 50.00

Click Here for Memo Itemization

$50.00 $ 100.00

Click Here for Memo Itemization

$50.00 $50.00

Click Here for Memo Itemization

$25.00 $ 25.00

Click Here for Memo Itemization

$175.00

Enter this total on line 3a of Summary Page.

Page 16: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

·~)! MICHIGAN DEPARTMENT OF STATE @) BUREAU OF ELECTIONS

ITEMIZED CONTRIBUTIONS SCHEDULE1A 1. Committee J.D. Number 46305 ---------------------------

CANDIDATE COMMITTEE 2 committ Name Citizens for Phil Deschaine ee

Enter contributor's name and address. If contribution Is from an Individual, enter last name, first name, middle Initial. Check box to Indicate If contribution Is from a Political Committee or an Independent CommiHae (PAC) Report gU contributions regardless of amount.

3. Contribution # 1 PAC Receipt? DYES 4. Date of Receipt 10/06/16 Name & Address: Dean; Marilyn 215 Chimney Oaks Dr. Okemos, Ml 48864

5. If over $100.00 cumulative, please provide:

occupation Retired Employer

BusinessAddress 215 Chimney Oaks Dr. Okemos, Ml 48864

Type of Contribution: [ ] Direct [ ] Loan from a person [.;j Fund Raiser

3. Contribution #2 PAC Receipt? 0 YES 4. Date of Receipt 1 0/06/16 Name & Address

Vagnozzi, Steve 2144 Woodfield Rd. Okemos, Ml 48864

5. If over $100.00 cumulative, please provide:

OccupaUon Employer

Business Address

Type of Contribution: Ooirect D Loan from a person ~ Fund Raiser

3. Contribution # 3 PAC Receipt? Oves 4. Date of Receipt 1 0/06/16 Name & Address:

Baldwin,Richard 554 7 Star Flower Dr. Haslett, Ml 48840

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address Type of Contribution: [ J Direct [ J loan from a parson [v] Fund Raiser

3. Contribution # 4 PAC Receipt? ~YES 4. Date of Receipt 1 0/06/16 Name & Address

Committee to Elect Milton L. Scales P.O. Box 1552 Okemos, Ml 48864

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: 0 Direct 0 loan from a person ~ Fund Raiser

Page Subtotal

Grand Total of All Schedules 1A (Complete on last page of Schedule)

6. Amount 7. Cumulallve for Election Cycle for Each Contributor (Through date of receiol\

$500.00 ~500.00

Click Here for Memo Itemization

525.00 $25.00

Click Here for Memo Itemization

s25.00 5 25.00

Click Here for Memo Itemization

$50.00 $ 100.00

Click Here for Memo Itemization

$600.00

Enter this total on line 3a of Summary Page.

Page 17: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

..

,.,._. MICHIGAN DEPARTMENT OF STATE ~ BUREAU OF ELECTIONS

ITEMIZED CONTRIBUTIONS SCHEDULE 1A 1. Committee I.D. Number 46305 ----------------------------

CANDIDATE COMMITIEE 2. committee Name Citizens for Phil Deschaine Enter contributor's name and address. If contribution Is from an Individual, enter last name, first name, middle Initial. Check box to Indicate if contribution is from a Political CommiHee or an Independent Committee (PAC) Report~ contributions regardless of amount

3. Contribution # 1 PAC Receipt? TI YES 4. Date of Receipt 1 0/23/16 Name & Address: Jackson, Patricia Herring 2512 Capeslde Dr. Okemos, Ml 48864

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: f.;j Direct 1 J Loan from a person [ ] Fund Raiser

3. Contribution #2 PAC Receipt? 0 YES 4. Date of Receipt Name & Address

Deschaine, Phil 1383 Silverwood Dr. Okemos, Ml 48864

5. If over $100.00 cumulative, please provide:

Occupation Sales Executive Employer Universal Software Solutions

BusinessAddress 1334 Irish Rd. Davison, Ml 48423

Type ofConlribution: Oolrect [!] Loan from a person D Fund Raiser

3. Conlributlon # 3 PAC Receipt? OvEs 4. Date of Receipt Name & Address:

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address Type of Contribution: [ J Direct -fvT Loan from a person [ ] Fund Raiser

3. Contribution # 4 PAC Receipt? DYES 4. Date of Receipt Name & Address

5. If over $100.00 cumulative, please provide:

Occupation Employer

Business Address

Type of Contribution: 0 Direct 0 Loan from a person D Fund Raiser

Page Subtotal

Grand Total of All Schedules 1A Com late on last a e of Schedule p p g

5 5 Paga __ of __

------- ___ ... . ·----------

6.Amount 7. Cumulative for Election Cycle for Each Contributor {Through date of receintl

$50.00 Peso.oo Click Here for Memo Itemization

$1500.00 $4676.69

Click Here for Memo Itemization

$ $

Click Here for Memo Itemization

$ $

Click Here for Memo Itemization

$1,550.00

$3,110.00 Enter this total on line 3a of Summary Page.

Page 18: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

Kristy J. Lindquist 4436 Copperhill Drive Okemos, Michigan 48864

Dear Ms. Lindquist:

STATE OF MICIDGAN

RUTH J OHN'SON, SECRETARY OF STATE

DEPARTMENT OF STATE LANSING

April18, 2017

The Department of State (Department) has concluded its review ofthe complaint you filed against Phil Deschaine, concerning an alleged violation of the Michigan Campaign Finance Act (MCFA or Act), 1976 PA 388, MCL 169.201 et seq. This letter concerns the disposition ofyour complaint.

The MCF A limits contributions to a candidate for local office in a district with a population of 85,000 or less to $1,000 per election cycle. MCL 169.252(1)(c). The MCFA further prohibits a candidate committee or a candidate from accepting a contribution that exceeds the contribution limits. MCL 169.252(7). A knowing violation constitutes a misdemeanor offense punishable by a fine ofup to $1,000.00, imprisonment for up to 90 days, or both. MCL 169.252(9).

You alleged that Mr. Deschaine accepted contributions from a single contributor in excess of the limits set forth in section 52 the Act.

You filed your complaint on November 17, 2016, and Mr. Deschaine filed an answer on December 13, 2016. You did not file a rebuttal statement with the Department.

In support of your allegation you provided a page from Mr. Deschaine's 2016 Pre-Primary campaign finance statement which disclosed a $1,000 contribution from Kellie Dean, and a page from Mr. Deschaine's 2016 Pre-Election campaign finance statement, which disclosed an additional $500.00 contribution from Mr. Dean.

In response to your complaint, Mr. Deschaine asserted that the $500.00 contribution reported on his 2016 Pre-Election campaign statement should have been reported as a contribution from Marilyn Dean, not Kellie Dean. To support his assertion, Mr. Deschaine provided a copy of a $500.00 check from Marilyn Dean to Mr. Deschaine's committee dated October 6, 2016, which is the same date as the originally reported $500.00 contribution from Kellie Dean.

The Department notes that Mr. Deschaine filed an amended 2016 Pre-Election statement with the Ingham County Clerk on December 5, 2016, which corrected the name of the October 6, 2016 contributor to Marilyn Dean.

The Department has carefully reviewed the evidence provided, along with Mr. Deschaine's amended 2016 Pre-Election campaign statement. Based on this review, the Department has

BUREAU OF ELECTIONS RICHARD H. AUSTIN BUILDING • 1ST FLOOR • 430 W. ALLEGAN • LANSING, MICHIGAN 48918

...

Page 19: OF MICHIGAN JOHNSON, DEPARTMENT OF STATE of State, Bureau of Elections, Richard H. Austin Building, 1st Floor, 430 West Allegan Street, Lansing, Michigan 48918. If you fail to submit

Kristy Lindquist April 18,2017 Page 2

determined that the evidence supports a reason to believe that Mr. Deschaine did not accept contributions from Kellie Dean above the limits set forth in section 52 of the Act. Rather, an error was made on Mr. Deschaine's original2016 Pre-Election report, which has been corrected.

Because the evidence does not support a conclusion that Mr. Deschaine accepted contributions in excess of the limits provided in the Act, your complaint is dismissed .

c: Phil Deschaine

. St/erely,

~A rboVA-~~ Lori A. Bourbonais Bureau of Elections Michigan Secretary of State