We have multiple violators here. There is the House Republican Campaign Committee. The Delaware House Republicans themselves. The Reform Delaware Now PAC and the Common Sense Delaware PAC. Common Sense is funded by Delaware GOP National Committeewoman Ellen Barrosse. Reform Delaware is largely funded by Dan Anderson, Delaware’s version of the Koch Brothers. If you look at the Barosse piece propping up Bryant Richardson below, and the Reform Delaware now, you’ll see that the iStock images and graphics are identical. So even though these are two separate PACs, they are clearly coordinating with messaging. That is also illegal.
Please view each of the violating and illegal mailers below. The sections of code they’re violating are also below.
Each candidate on whose behalf these mailers were sent should immediately denounce this illegal activity, lest they be complicit in it. I await their press releases and condemnations by close of business today.
Reform Delaware Now
Common Sense
Delaware House Republicans
House Republican Campaign Committee
§ 8021 Identification of purchaser.
(a) All campaign advertisements having a fair market value of $500 or more, except printed items with a surface of less than 9 square inches, shall include prominently the statement: “Paid for by [name of political committee or other person paying for such advertisement.].” For purposes of this section, “campaign advertisements” shall include any communication by a candidate committee or political party that would otherwise qualify as an independent expenditure or an electioneering communication but for the fact it was made by a candidate committee or political party.
(b) All third-party advertisements having a fair market value of $500 or more, except printed items with a surface of less than 9 square inches, shall include prominently the statement: “Paid for by [name of political committee or other person paying for such third-party advertisement. Learn more about [name of person] at [Commissioner of Elections’ web address].”
§ 8031 Special reports — Third-party advertisements.
(a) Any person other than a candidate committee or political party who makes an expenditure for any third-party advertisement that causes the aggregate amount of expenditures for third-party advertisements made by such person to exceed $500 during an election period shall file a third-party advertisement report with the Commissioner.The report shall be filed under penalty of perjury and shall include the following:
(1) The information required under § 8005(1) of this title with respect to the person making such expenditure;
(2) The full name and mailing address of each person to whom any expenditure has been made by such person during the reporting period in an aggregate amount in excess of $100; the amount, date and purpose of each such expenditure; and the name of, and office sought by, each candidate on whose behalf such expenditure was made;
(3) The full name and mailing address of each person who has made contributions to such person during the election period in an aggregate amount or value in excess of $100; the total of all contributions from such person during the election period, and the amount and date of all contributions from such person during the reporting period;
….
(d) If the expenditure is made more than 30 days before a primary or special election or 60 days before a general election, the report required under this section shall be filed within 48 hours after such expenditure is made. If the expenditure is made 30 days or less before a primary or special election or 60 days or less before an election, such report shall be filed with the Commissioner within 24 hours after such expenditure is made. For purposes of this section, an expenditure shall be deemed to be made on the date it is paid or obligated, whichever is earlier.