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Sugarman
Chief Enforcement Counsel
Division of Election Law Enforcement
NYS Board of Elections
40 North Pearl Street
Albany, NY 12207
518-486-7858
enforcement@elections.ny.gov
October 18, 2016
Edward F. Cox
315 State Street
Albany, NY 12210
Honorable Commissioners and Enforcement Counsel:
I am writing to file a complaint against NYSUT, their affiliated independent expenditure
committee, FUND FOR GREAT PUBLIC SCHOOLS (Filer ID A21662), and their political
action committee, VOICE OF TEACHERS FOR EDUCATION/COMMITTEE ON POLITICAL
EDUCATION (VOTE-COPE Filer ID A01111) each located at 800 Troy-Schenectady Road,
Latham, NY 12110, based on their organizational structure, statements made by NYSUT, through
their spokesman Carl Korn, as published by Gannett on October 14, 2016 and financial
disclosure reports filed by FRIENDS OF CHRIS EACHUS (see attached).
On August 24, 2016, Governor Cuomo signed into law S.8160/A.10742. The enacted legislation
went into effect on September 24, 2016 and makes clear that independent expenditures must be
independent from the candidate benefitting from the expenditure. The operational influence and
control exercised by Andrew Pallotta and the statements made by Carl Korn and the capacity in
which he serves each entity strongly suggest the activities of the FUND FOR GREAT PUBLIC
SCHOOLS constitute coordination under NYS election law.
According to Section 14-107(d) (vii) of the NYS election law, coordination occurs when, the
independent expenditure committee, or its agent, making the payment or expenditure benefitting
the candidate has participated in strategic discussions with the candidate
The fact that NYSUT and their political action committee (VOTE-COPE) have direct contact
and coordinate efforts with candidates while their affiliated independent expenditure committee
(FUND FOR GREAT PUBLIC SCHOOLS) is headquartered and operates out of the same
location, on its face, is sufficient cause for investigation.
This situation is also clearly analogous to the facts addressed by the U.S. Court of Appeals for
the 2nd Circuit in Vermont Right to Life v. Sorrell, 758 F.3D 118 (2014). (hereinafter VRTL). In
VRTL, the 2nd Circuit found that the Vermont Right to Life Committee split its political finance
activities into two entities; a traditional PAC and an independent expenditure only committee. As
the traditional PAC was subject to contribution limits, it was free to coordinate and communicate
with candidates and political parties it financially supported. The independent expenditure only
committee, however, was to avoid coordination and communication with supported candidates
and political parties in order to not be subject to contribution limits.
The issue the 2nd Circuit addressed was whether coordinating information was flowing from the
candidates and its agents to the traditional PAC and then to the independent expenditure only
committee due to the organizational structure of the groups. The Court held that in such
situations, some actual organizational separation between the groups must exist to assure that
the expenditures are in fact uncoordinated and that whether an independent expenditure only
committee is, functionally distinct from a non-independent-expenditure-only entity may depend
on factors such as, the overlap of staff and resources, the lack of financial independence, the
coordination of activities, and the flow of information between the entities. The 2nd Circuit
found that the activities of the entities was so enmeshed that the independent expenditure only
committee was not independent but in fact an extension of the traditional PAC making its
expenditures in-kind contributions, subject to contribution limits. The organizational structure and
activities of NYSUT, VOTE-COPE, and the FUND FOR GREAT PUBLIC SCHOOLS, are in fact
enmeshed based on the factors laid out by the Court.
The FUND FOR GREAT PUBLIC SCHOOLS does not appear to be the only NYSUT affiliated
political entity engaging in activity that violates NYS election law. FRIENDS OF CHRIS
EACHUS (Filer ID A21500) 2016 10 DAY POST PRIMARY REPORT contains three
contributions received from VOTE-COPE, all dated 09/08/16, in the amounts of $7,000 (Ck#
20090), $7,000 (Ck# 20091), and $11,000 (Ck#20092). As you know, the contribution limit for a
State Senate candidate from a political action committee is $7,000 for a primary election and
$11,000 for a general election. As such, these contributions constitute an excessive contribution
to FRIENDS OF CHRIS EACHUS from VOTE-COPE.
Given the proximity to the general election, I request that an immediate investigation into the
activities of NYSUT, VOTE-COPE and the FUND FOR GREAT PUBLIC SCHOOLS be
launched, that they are notified to cease expenditures for mass communications until they are in
compliance, require that excessive contributions be refunded, and civil and criminal actions
initiated, as determined appropriate.
Sincerely,
Edward F. Cox
315 State Street
Albany, NY 12210