A 180 Days, My Ass

Cook would submit that the 180 day statute of limitations period utilized by the Registry as a restriction on the authority and/or ability of the Registry to allow the Sworn Complaint, lawfully filed by Cook, to proceed to an investigation, is totally misplaced and absurd.

FACT: The only mention of this 180 day period in Part 1 or Part 2 is in Part 2 - Registry of Election Finance Act of 1989. The reference to 180 days is mentioned only the one (1) time in this section, which applies only the to the duty of the Registry to review all filed statement in order for the Registry to ensure statutory compliance sufficiency.

Basically, if the Registry takes no action in 180 days, its deemed sufficient as to any Registry to review and ensure compliance.

2-10-206(a)(4) - The duties of the registry include . . . Review all filed statements to ensure compliance with the respective disclosure laws. Statements filed with the registry for more than two (2) years [180 days prior to 2/15/06] shall be deemed to be sufficient, absent a showing of fraud or the existence of an ongoing investigation related to such statement:

2-10-206(a)(7) - The duties of the registry include . . . Investigate any alleged violation upon sworn complaint . . . [Note: no reference to 180 days and it is a DUTY to investigate, not an option]

2-10-206(a)(8) - The duties of the registry include . . . Preserve all reports or statements for five (5) years from the date of filing absent any pending investigation by the Registry of Election Finance or any other law enforcement agency or absent any administrative or court proceeding:
[ Note: Why would you be required to keep records for five years if you couldn’t do anything about them after 180 days?]

2-10-207 - The registry has the power (4) In determining whether an actual violation has occurred, conduct a contested case hearing and (8) Where the results of its investigation indicate a criminal act may have occurred, the registry shall refer the matter to the appropriate district attorney general for criminal prosecution.

2-10-108 (a) - Sworn complaint alleging that a statement filed regarding an election does not conform to law or to the truth or a failure to file.
NOTE: [NO LINKAGE OF THE 180 DAYS REFERRED TO UNDER DUTIES OF THE REGISTRY TO THIS SECTION AND NO REQUIREMENT TO SHOW FRAUD.]

See also : Rule 0530-1-1-.02 BOOKKEEPING PROCEDURES

(7) A candidate . . . shall maintain all bank statements, cancelled checks and other accounting records and required documentation listed in item 5 for a campaign account for at least one (1) year after the date of the election to which the records refer, except in the case of such accounting records used in completing a supplemental campaign financial disclosure report which shall be maintained for at least one (1) year after the date that the report to which the records refer is filed. . . .

[ Note: Why would one be required to keep records for at least (1) year, [now 2 years], if no one but the Registry could do anything about them after 180 days, without proving fraud, first? What the hell is the Registry to, if a Complaintent has to prove fraud, before the Registry does their investigation?]

I say again, 180 day, my ass!!!

Respectfully submitted for your consideration

Uncle Ted