Campaign Finance Complaint

BEFORE THE WISCONSIN STATE ELECTIONS BOARD

The Complaint of Donald Fish, a citizen of the State of Wisconsin, 2984 Chapel Valley Road, #205, Fitchburg, WI 53711; complainant, against the Democratic Party of Wisconsin, 222 State Street, Suite 400, Madison, WI 53703; respondent.

COMPLAINT

I, Donald Fish, allege the above-named entity violated Wisconsin Statutes § 11.12 by not lawfully recording or reporting one or more political campaign contributions, each exceeding a value of $10.00. I further allege the above-named entity violated Wisconsin Statutes § 11.24 by intentionally accepting or receiving one or more political campaign contribution from funds or property not belonging to the contributor. I finally allege the above-named entity violated Wisconsin Statutes § 11.36 by soliciting or receiving from one or more state officers or employees one or more political campaign contributions or services while the officer or employee was or the officers or employees were engaged in official duties.

STATEMENTS OF KNOWLEDGE AND BELIEF

The following are statements of knowledge and belief concerning my personal knowledge and documents in my possession relating to the alleged violations of the Wisconsin Statutes sited in this Complaint. These statements of knowledge and belief consist of alleged facts and reasonable inferences that together, in my view, are sufficient to establish probable cause to believe that the Wisconsin Statutes sited in this Complaint were violated as I allege. All the statements of knowledge and belief in this Complaint are true or are believed by me to be true. These statements of knowledge and belief, however, do not encompass the full extent of my personal knowledge or documents in my possession concerning the alleged violations of the Wisconsin Statutes sited in this Complaint.

First statement of knowledge and belief. I was employed as a senior staff member with the Coordinated Campaign (hereinafter ‘CC’) of the Democratic Party of Wisconsin (hereinafter ‘DPW’) with my official responsibilities beginning in April of the calendar year 1998 and ending in July of the calendar year 2000. In January or February of the calendar year 1999 and during the normal course of my CC duties, I first became aware of possible violations of the law when, in a private discussion, an Assembly Democratic Caucus (hereinafter ‘ADC’) official informed me that part of the master statewide voter database owned and maintained by the CC (hereinafter ‘CC Voter File’) was unlawfully acquired using state resources or facilities and that this activity was continuing to occur. A few days later, in a private discussion, a DPW official, while answering questions I had concerning what I learned in my discussion with the ADC official, informed me that the DPW was not lawfully recording or reporting the Caucus Voter Files as campaign contributions. Immediately following learning these revelations, I made several unsuccessful efforts to eliminate the possibility of violations of the law in the future by trying to work within the system to change it.

A document in my possession (hereinafter ‘Document 1’) is a copy of a one-page pay stub from my DPW employment for the period July 1, 2000 through July 15, 2000.

Another document in my possession (hereinafter ‘Document 2’) is a printout of a one-page mail correspondence, dated June 28, 1999, from me to an elected federal official asking for assistance in eliminating “the use of state employees and money in the production of our voter file.” No response was received from this mail correspondence.

Second statement of knowledge and belief. While employed and during the normal course of my CC duties, I witnessed discussions, at CC meetings and in other settings, including the participation of DPW, CC, ADC, Senate Democratic Caucus (hereinafter ‘SDC’), other state, or federal officials or employees, or others, or received related documents, concerning the formation or implementation of plans, it was said, to use, or plan to use state resources or facilities in an ongoing process to enhance the CC Voter File. With some of these plans, the CC would receive, via the ADCC or SDCC, legislative district voter databases, related databases, or other documents, some or all of which, it was made clear, would in part or in full be acquired, processed, or transferred using Democrat legislative office, ADC, SDC, or other state resources or facilities (hereinafter ‘Caucus Voter Files’). Caucus Voter Files transferred to the CC would subsequently be used to provide the CC Voter File with substantial enhancements, most processed by me during the normal course of my CC duties, including, but not limited to updated voting history, updated political information, updated personal information, or updated household information.

A document in my possession, titled “The 1999 Coordinated Campaign Plan of the Democratic Party of Wisconsin” (hereinafter ‘Document 3’), is a copy of a 31-page CC plan, labeled as approved on April 22, 1999, that states, in referring to the CC Voter File, “Updating voter history on the file will be done by three parties: 1. the SDCC, 2. the ADCC, 3. the Democratic Party of Wisconsin”; and that the ADCC and SDCC “will work with the CC and members on a timeline of voter history completion and enhancement programs.”

Document 3 also states that the 1999-2000 CC members included “Chairwoman Terri Spring; U.S. Senator Herb Kohl; U.S. Senator Russ Feingold; Congressman Dave Obey; Congressman Jerry Kleczka; Congressman Tom Barrett; Congressman Ron Kind; Congresswoman Tammy Baldwin; Attorney General Jim Doyle; Senate Majority Leader Chuck Chvala; Assembly Minority Leader Shirley Krug; Labor and Affiliates.”

Third statement of knowledge and belief. While employed and during the normal course of my CC duties, I worked extensively with ADC or SDC employees, usually during regular business hours, on efforts to implement approved plans to secure Caucus Voter Files for the CC. This work included, but was not limited to communications or negotiations to determine how to divide up some of the necessary tasks required to develop some Caucus Voter Files or the CC Voter File, communications or negotiations to determine some standards for some Caucus Voter Files, and communications or negotiations to determine some timelines for completing some tasks or for transferring some Caucus Voter Files to the CC. Some documents, relating to work performed by ADC or SDC employees to secure Caucus Voter Files for the CC, indicated they were authored or last electronically saved using state resources or facilities, including, but not limited to some Caucus Voter Files identified as from the ADCC or SDCC. (See Second statement of knowledge and belief.)

A document in my possession, titled “Senate Data Matrix 2/22/99” (hereinafter ‘Document 4’), is a copy of a five-page electronic spreadsheet printout I was told, by a SDC employee, indicated plans for the division of responsibility for Caucus Voter File development and the progress towards the completion of these plans. I was also told, by the SDC employee, that the source of Document 4 was transferred to the CC for planning and targeting for the 2000 elections.

Another document in my possession (hereinafter ‘Document 5’) is a copy of a one-page computer screen printout of the ‘Statistics’ tab of the ‘Properties’ dialog box from a Microsoft Word document that indicates the source of Document 5 was last electronically saved using state resources or facilities. (See Document 6.)

Another document in my possession, titled “Response to Draft #1 Voter File Standards” (hereinafter ‘Document 6’), is a copy of the three-page Microsoft Word document from Document 5. Document 6 discusses issues related to negotiations between CC, ADC, or SDC officials or employees regarding standards or structures for some Caucus Voter Files to be transferred to the CC. The header of Document 6 indicates it was from the ADCC and SDCC.

Another document in my possession (hereinafter ‘Document 7’) is a copy of a one-page computer screen printout of the ‘Statistics’ tab of the ‘Properties’ dialog box from a Microsoft Excel electronic spreadsheet that indicates the source of Document 7 was last electronically saved using state resources or facilities. (See Document 8.)

Another document in my possession (hereinafter ‘Document 8’) is a copy of the one-page Microsoft Excel electronic spreadsheet printout from Document 7. Document 8 indicates a schedule for transferring Caucus Voter Files to the CC in April and May of the calendar year 2000. The source of Document 8 identifies the Caucus Voter Files involved as from the ADCC or SDCC.

Fourth statement of knowledge and belief. In the early-fall of the calendar year 1999 and during the normal course of my CC duties, an ADC employee afforded me with a tour of the workspace of the ADC office staff, located at 17 South Fairchild Street, Madison, where it was twice pointed out to me, by the ADC employee, other ADC employees working on data entry for what I was told were Caucus Voter Files to be transferred to the CC. Later that day, the first ADC employee, in his state office, afforded me with a demonstration of a computer application I was told was developed for data entering information into some Caucus Voter Files to be transferred to the CC. This application looked like a basic data entry program written in Microsoft Access, with related tables, a browse screen, and a basic data input screen with room for individual names, addresses, telephone numbers, dates-of-birth, voting history, candidate support identifications, campaign donor information, campaign volunteer information, lawn sign location information, nomination paper signing information, and other information.

Fifth statement of knowledge and belief. While employed and during the normal course of my CC duties, I witnessed discussions, at CC meetings and in other settings, including the participation of DPW, CC, ADC, SDC, other state, or federal officials or employees, or others, or received related documents, concerning the formation or implementation of plans, it was said, to pay or otherwise reimburse, or to plan to pay or otherwise reimburse the ADCC or SDCC, not the state, although for significantly less than market value, for some Caucus Voter Files transferred to the CC.

Document 3 states that the ADCC and SDCC would receive a “$5,000 Credit for Voter File Data in 1999 (They will also receive this credit for the 2000 plan.)” Additionally, Document 3 provides for “product sale dividends,” to the ADCC and SDCC, for CC Voter File data sold to third parties, including “15% of all product sales done by the State Party,” and “100% of all recruited product sales”; however, Document 3, referring to ADCC and SDCC dues for membership in the CC, goes on to state that these dividends would “not be credited until the initial cash commitment is met ($5,000 in 1999).” Finally Document 3 states, “This agreement is predicated on the free flow of information. The LDCC’s will turn over all voter file data (including non-CC id’s) to the Coordinated Campaign as it is completed and will receive enhanced CC voter files (including CC id’s) as completed.”

Sixth statement of knowledge and belief. While employed and during the normal course of my CC duties, I witnessed discussions, at CC meetings and in other settings, including the participation of DPW, CC, ADC, SDC, other state, or federal officials or employees, or others, or received related documents, concerning state or federal employees registering for and using private electronic mail accounts and private cell telephone accounts so, it was said, during the course of the upcoming election campaign it would not appear that state or federal electronic mail or telephone systems were used for electioneering purposes. I witnessed the use of private electronic mail accounts or private cell telephone accounts become a more common practice starting in the later part of the calendar year 1999 and during the calendar year 2000.

A document in my possession (hereinafter ‘Document 9’) is a copy of a one-page electronic mail communication transferred from a CC official to ADC, SDC, other state, or federal facilities, officials, or employees, or others that states, “If you have a government email address, please set up a hotmail or yahoo account soon; they are free.”

Seventh statement of knowledge and belief. While employed and during the normal course of my CC duties, many Caucus Voter Files were transferred by ADC or SDC employees to me at the CC as electronic mail attachments or via hand delivery on paper or electronic disks. Some characteristics of these Caucus Voter Files included, but were not limited to some Caucus Voter Files containing one or more fields that linked directly to the CC Voter File; some Caucus Voter Files containing one or more fields that appeared to me to have an electioneering nature, including, but not limited to extensive voting history, candidate support identifications, campaign donor information, campaign volunteer information, lawn sign location information, and nomination paper signing information; some Caucus Voter Files were for legislative districts without a Democrat incumbent; some Caucus Voter Files were transferred using state electronic mail accounts; some Caucus Voter Files were transferred to the CC, some during regular business hours, using private electronic mail accounts registered to ADC or SDC employees; some Caucus Voter Files were identified as from the ADCC or SDCC; and some Caucus Voter Files indicate they were authored using state resources or facilities.

A document in my possession (hereinafter ‘Document 10’) is a copy of a one-page computer screen printout of the ‘Summary’ tab of the ‘Properties’ dialog box from a Microsoft Access electronic database that indicates the source of Document 10 was authored using state resources or facilities. (See Document 11.)

Another document in my possession, titled “C:\ad82.mdb” (hereinafter ‘Document 11’), is a copy of the 26-page printout of the table structure of the Microsoft Access electronic database from Document 10. The source of Document 11 is a Caucus Voter File created for an Assembly District. Some of the fields in this database include those designated for election history, yard sign locations, party preference identifications, and candidate preference identifications. The source of Document 11 was transferred by an ADC employee to me at the CC.

Another document in my possession, titled “Query: qsd28cc” (hereinafter ‘Document 12’), is a copy of a two-page printout of the table structure from a Caucus Voter File for a Senate District. Some of the fields in this database include those designated for election history, contributions, and candidate preference identifications. The source of Document 12 was transferred by a SDC employee to me at the CC.

Fifteen additional documents in my possession (hereinafter ‘Documents 13-27’), totaling sixteen pages, are copies of correspondences, thirteen of which are electronic mail, from ADC or SDC officials or employees to me at the CC. These documents refer to various aspects of the development of Caucus Voter Files or the CC Voter File, including, but not limited to the purchase of raw electronic voter data files, data entry of voting history, appending of demographics, and the transfer of data to the CC. Some of these documents have attachments or enclosures, including, but not limited to Caucus Voter Files; some of these documents were transferred to the CC using state electronic mail accounts; some of these documents were transferred to the CC, during regular business hours, using private electronic mail accounts registered to ADC or SDC officials or employees; and some of these documents were hand delivered by a SDC employee or employees to the CC.

Eighth statement of knowledge and belief. While employed and during the normal course of my CC duties, I witnessed DPW or CC officials or employees soliciting Caucus Voter Files or other services from ADC, SDC, or other state officials or employees while the officials or employees were engaged in official state duties. I have also witnessed other services rendered by ADC, SDC, other state, or federal officials or employees, often during regular business hours, in the form of consultation with respect to, but not limited to Caucus Voter Files, the CC Voter File, CC meetings, or CC administration.

A document in my possession (hereinafter ‘Document 28’) is a copy of a one-page electronic mail communication from a CC official announcing a 1 p.m. November 17, 1999 meeting of the CC and providing an agenda for the meeting. The source of Document 28 is addressed to ADC, SDC, other state, or federal facilities, officials, or employees, or others.

Another document in my possession (hereinafter ‘Document 29’) is a copy of a one-page telephone list of CC members dated April 5, 1999. Document 29 provides contact telephone numbers for representatives of CC members and uses the telephone number of state or federal facilities for some contacts.

Final statement of knowledge and belief. After a Voter File meeting on June 7, 2000 and during the normal course of my CC duties, I directly told a CC official that I would not be part of using state resources or facilities for political electioneering purposes. The following day, this CC official informed me that I would no longer have to be part of using state resources or facilities for political electioneering purposes; but on June 12, 2000, this CC official took back this commitment and further told me that ADC and SDC officials had “worked it out to show that the data entry was done on volunteer time” and not on state time. I immediately rejected this, but I do not have knowledge of what was worked out or if anything was worked out in actuality. Within a few days of this and during the normal course of my CC duties, this CC official, or others connected with the DPW, CC, ADC, or SDC, or others began saying, for the first time to me, that the Caucus Voter Files involved were legal because they were “public information” and that the only reason Republicans did not receive the same information was because they never asked for it. I informed these individuals that this was difficult for me to believe considering previous events and documents that tended to contradict these statements.

A document in my possession, titled “Notes from CC Meeting 5-31-00” (hereinafter ‘Document 30’), is a copy of a two-page report that states, “You all have the hand out which is dated based on the scheduled Voter file Meting set for June 7th at 4:15 PM at DPW.”

FINAL STATEMENT

The following are reasonable inferences based on the statements of knowledge and belief, this final statement, or personal knowledge or documents in my possession not sited. This final statement is true or is believed by me to be true. For reference, some alleged facts or reasonable inferences from the statements of knowledge and belief are realleged below these reasonable inferences. Footnotes following these reasonable inferences correspond to the realleged facts or reasonable inferences, showing the primary, but not all the alleged facts or reasonable inferences I believe best support my allegations.

First, I believe some or all the Caucus Voter Files involved entailed the use of state resources or facilities, and in the light of this, I therefore believe some or all the Caucus Voter Files were or are, in part or in full property belonging to the state. ^{1, 3, 4, 5, 6, 13, 16, 18, 19}

Second, I agree with the assertion that some Caucus Voter Files could have been in part or in full acquired or processed to facilitate constituent servicing, but I believe substantial parts of the Caucus Voter Files could not reasonably be asserted as for constituent services. ^{1, 3, 4, 5, 7, 8, 10, 11, 12, 14, 15, 18, 19}

Third, I disagree with the assertion that all parts of the Caucus Voter Files involved were legitimate public information available to the general public and acquired, processed, and transferred according to the letter and in the spirit of the state’s open records law, ethics law, and campaign finance law, and other relevant law. I believe that there were significant difference in the ADC’s and SDC’s manner of handling the Caucus Voter Files compared to what is reasonable under the state’s open records law, and that the Caucus Voter Files result from extraordinary relationships between CC, ADC, or SDC officials or employees that in effect produced a virtual pipeline of state-owned data expressly directed to the CC. ^{1, 3, 4, 5, 7, 8, 10, 11, 12, 14, 15, 18, 19}

Fourth, in the light of these reasonable inferences, I believe the Caucus Voter Files should be subject to the same requirements and limitations as regular contributions under state campaign finance law and other relevant law.

Fifth, in the light of these reasonable inferences, I am realleging the DPW violated Wisconsin Statutes § 11.12 because, but not necessarily only because I believe DPW or CC officials or employees accepted contributions of Caucus Voter Files and failed to fully record or report these contributions. ^{2, 3, 7, 9, 17, 18}

Sixth, in the light of these reasonable inferences, I am realleging the DPW violated Wisconsin Statutes § 11.24 because, but not necessarily only because I believe DPW or CC officials or employees knowingly accepted contributions of Caucus Voter Files that included property belonging to the state. ^{1, 3, 4, 5, 6, 8, 9, 13, 16, 17, 18}

Seventh, in the light of these reasonable inferences, I am realleging the DPW violated Wisconsin Statutes § 11.36 because, but not necessarily only because I believe the DPW or CC officials or employees soliciting Caucus Voter Files or other services from ADC, SDC, or other state officials or employees while the officials or employees were engaged in official state duties. ¹⁷

The following are the alleged facts or reasonable inferences from my statements of knowledge and belief that are realleged for reference. Footnotes following the reasonable inferences correspond to these realleged facts or reasonable inferences.

¹ A statement was made to me by an ADC official saying that part of the CC Voter File was unlawfully acquired using state resources or facilities. (See First statement of knowledge and belief.)

² A statement was made to me by a DPW official saying that the DPW was not lawfully recording or reporting Caucus Voter Files as campaign contributions. (See First statement of knowledge and belief.)

³ I witnessed discussions or have related documents concerning the formation or implementation of plans, it was said, to use, or plan to use state resources or facilities in an ongoing process to enhance the CC Voter File. (See Second statement of knowledge and belief.)

⁴ Extensive work was performed by ADC or SDC employees, usually during regular business hours, on efforts to implement approved plans to secure Caucus Voter Files for the CC. (See Third statement of knowledge and belief.)

⁵ Some documents relating to work performed by ADC or SDC employees to secure Caucus Voter Files for the CC indicate they were authored or last electronically saved using state resources or facilities, including some identified as from the ADCC or SDCC. (See Third statement of knowledge and belief.)

⁶ I witnessed state resources or facilities being used for purposes that I was told would enhance the CC Voter File. (See Fourth statement of knowledge and belief.)

⁷ I witnessed discussions and have related documents concerning the formation or implementation of plans, it was said, to pay or otherwise reimburse, or to plan to pay or otherwise reimburse the ADCC or SDCC, not the state, although for significantly less than market value, for some Caucus Voter Files transferred to the CC. (See Fifth statement of knowledge and belief.)

⁸ I witnessed discussions and have related documents concerning state or federal employees registering for and using private electronic mail accounts and private cell telephone accounts so, it was said, during the course of the upcoming election campaign it would not appear that state or federal electronic mail or telephone systems were used for electioneering purposes. (See Sixth statement of knowledge and belief.)

⁹ Many Caucus Voter Files were transferred by ADC or SDC employees to me at the CC as electronic mail attachments or via hand delivery on paper or electronic disks. (See Seventh statement of knowledge and belief.)

¹⁰ Some Caucus Voter Files received by the CC contained one or more fields that linked directly to the CC Voter File. (See Seventh statement of knowledge and belief.)

¹¹ Some Caucus Voter Files received by the CC contained one or more fields that appeared to me to have an electioneering nature. (See Seventh statement of knowledge and belief.)

¹² Some Caucus Voter Files received by the CC were for legislative districts without a Democrat incumbent. (See Seventh statement of knowledge and belief.)

¹³ Some Caucus Voter Files received by the CC were transferred using state electronic mail accounts. (See Seventh statement of knowledge and belief.)

¹⁴ Some Caucus Voter Files received by the CC were transferred using private electronic mail accounts. (See Seventh statement of knowledge and belief.)

¹⁵ Some Caucus Voter Files received by the CC were identified as from the ADCC or SDCC. (See Seventh statement of knowledge and belief.)

¹⁶ Some Caucus Voter Files received by the CC indicated they were authored using state resources or facilities. (See Seventh statement of knowledge and belief.)

¹⁷ I witnessed DPW or CC officials or employees soliciting Caucus Voter Files or other services from ADC, SDC, or other state officials or employees while the state officials or employees were engaged in official state duties, or I have related documents. (See Eighth statement of knowledge and belief.)

¹⁸ I witnessed services rendered by ADC, SDC, other state, or federal officials or employees, often during regular business hours, in the form of consultation with respect to, but not limited to Caucus Voter Files, the CC Voter File, CC meetings, or CC administration, or I have related documents. (See Eighth statement of knowledge and belief.)

¹⁹ A statement was made to me by a CC official saying that ADC and SDC officials had worked it out to show that the data entry was done on volunteer time and not on state time; and was followed a few days later with statements by this CC official, or others connected with the DPW, CC, ADC, or SDC, or others saying, for the first time to me, that the Caucus Voter Files involved were legal because they were public information. (See Final statement of knowledge and belief.)

REQUEST FOR ACTION

I believe the information provided in this Complaint warrants an investigation of the allegations sited, and I ask that appropriate enforcement actions be taken. Additionally, if in the course of investigating this Complaint, evidence of violations of Wisconsin Statutes other than those sited in this Complaint is found, or if evidence of other violators is found, I ask that appropriate enforcement actions be taken on those violations or against those violators as well.

A copy of this Complaint has been sent by first class mail to the respondent.

VERIFICATION

I, Donald Fish, being first duly sworn, on oath, state that the allegations in this complaint are true based on my personal knowledge except those allegations stated on information and belief, which I believe to be true.

August 20, 2001
(Date)

DONALD E. FISH
(Complainant’s signature)

STATE OF WISCONSIN §
Dane County
(County of notification)

Subscribed and sworn to before me this 20[th] day of August, 2001.

(NOTARY SEAL)

RICHARD R. KITELINGER
(Signature of person authorized to administer oaths)

Click HERE to view the signed verification page (PDF).