Saturday, September 30

180 Days - My Ass - Part II

What is this 180 day period all about and what is it not?

One needs to see also the Attorney General's Opinion No. 05-172 which discussed the application of the 180 day time period in 2-10-206(a)(4) to Statement of Local Candidates.

In the last paragraph of the Opinion it refers to this 180 day time frame as ‘time restrictions on the Registry’s ability to review statements.’

It does not follow that without any obvious review and just because statements are deemed sufficient by the passage of time, that makes them, in fact, sufficient. Because passage of time does not change the fact that insufficient statements are still, in fact, insufficient and will remain insufficient until they are changed.

Said another way, just because the Registry does not make the call during the 180 day time restriction on the Registry’s ability to review and challenge the statements, does not off-set the fact that by law, expenditures descriptions for monthly payments of credit card are still prohibited as being insufficiently described.

This insufficient description does not become sufficient just because the Registry says so, by the passage of time, because that, ‘says so,’ is in direct conflict of the ‘says no’ in the statutes and rules.

The Registry was created to ensure compliance with the Disclosure Act, not to waive compliance or the intent of the General Assembly. In any case the Registry summarily dismisses Sworn Complaints that basically challenged this waiver of sufficiency, based on factual violations within the words on the face of the statements.

The questions then become, do they just not know any better or did they do it, knowingly and with intent?


Respectfully submitted for your consideration.

Uncle Ted

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