Letter to the NY Board of Elections on Tremaine Wright’s Campaign Finance Violations

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Jabari for State Senate

8 min readJun 15, 2020

To: Ms. Risa Sugarman, Chief Enforcement Counsel, Division of Election Law Enforcement

Dear Ms. Risa Sugarman,

I am Jabari Brisport, a Democratic Party candidate for State Senate in Senate District 25 (“SD 25”), and I write regarding apparent campaign finance law violations by my opponent, Assemblymember Tremaine Wright.

As detailed below, our campaign has identified repeated violations of New York State’s Election Law (the “Election Law”) perpetrated by Wright’s campaign (the “Wright Campaign”).

First, the Wright Campaign has circulated at least three mailers and palm cards without the legally required “paid for by” attribution.
Second, the Wright Campaign accepted an in-kind donation of campaign literature from current SD 25 Senator Velmanette Montgomery that is $3,202.55 above the Election Law limit.
Third, and most concerningly, our campaign has identified additional transactions that suggest that Senator Montgomery’s candidate committee, the Friends of Senator Montgomery, may have made an additional in-kind donation of $18,712.28 in campaign literature and postage to the Wright Campaign, a donation that is unreported in any of the Wright Campaign’s campaign finance filings.

These Election Law violations are especially egregious considering that Wright is a sitting State Assemblymember and Velmanette Montgomery is the sitting Senator in SD 25, who has endorsed Wright.

For the reasons described below, we request the Board of Election’s prompt attention and investigation.

I. The Wright Campaign has circulated multiple mailers and palm cards without the legally required “paid for by” attribution.

Palm cards and mailers have been produced and distributed in support of the Wright Campaign without any “paid for by” attribution. This is in contravention to the Election Law, which states at § 14–106 that “[a]ll political committees that make an expenditure for a political communication shall be required to disclose the identity of the political committee which made the expenditure for such political communication.”

More particularly, our campaign has identified at least three different sets of palm cards or mailers distributed in support of Wright’s campaign without attribution. The earliest violation of Election Code § 14–106 that our campaign identified dates from February 2020, when certain SD 25 voters were sent mailers for Tremaine Wright (the “February Mailer”) which did not have any “paid for by” attribution. We have identified additional violations since then, including a more recent palm card and mailer, both of which the Wright Campaign began circulating as early as May.

Even though these materials in support of Wright lack the legally required attribution, see Election Law § 14–106, it is our campaign’s belief that the materials were produced under the direction of or in coordination with the Wright Campaign. We also believe that the Wright Campaign continues, as of the writing of this letter, to circulate palm cards and mailers without the legally required attribution.

II. It is unambiguous that the Friends of Senator Montgomery made an in-kind donation to the Wright Campaign that was over $3,000 above the relevant New York State campaign contribution limit.

The Wright Campaign’s 11 Day Pre Primary Report, the relevant part of which is copied below, shows $10,702.55 of in-kind donations from Senator Montgomery’s candidate committee, the Friends of Senator Montgomery, described as “Campaign Literature.”

Tremaine Wright for NYS Senate 11 Day Pre Primary Report: Schedule D, In-Kind Donations:

The Friends of Senator Montgomery’s in-kind donation of $10,702.55 violates New York State’s laws concerning campaign contribution limits, which limit contributions in state senate primaries to $7,500. See 9 NYCRR 6214.0.

Senator Montgomery’s in-kind donation, which is $3,202.55 above the relevant New York state limits, is not de-minimis but is instead a material violation of New York’s Election Law. It is particularly egregious that this violation is perpetrated by Ms. Wright, a sitting Assembly Member, and by Ms. Montgomery, a sitting Senator. Both Assembly Member Wright and Senator Montgomery have, in their respective terms in office, voted repeatedly for amendments to the Election Code, a law which both now violate, including those amendments responsible for the $7,500 state primary limit.

III. Review of the Friends of Senator Montgomery’s 32 Pre Primary Report strongly suggests that the committee contributed $29,414.83 to the Wright Campaign, nearly four times the legal maximum.

A. The February Mailer, which lacked the “paid for by” attribution, is not listed in the Wright Campaign’s filings.

In February 2020, in contravention to Election Law § 14–106, SD 25 voters received the February Mailer in support of the Wright Campaign, see Exhibit A, but which lacked any “paid for by” attribution. There are no expenditures or in-kind donations associated with the February Mailer listed in either the Wright Campaign’s 11 Day Pre Primary Report or its 32 Day Pre Primary Report. See Exhibit D and Exhibit E. Even though expenditures or donations associated with the February Mailer are undocumented in Wright Campaign filings, upon information and belief, the mailer was sent to thousands of SD 25 voters.

These circumstances raise serious concerns and strongly support the inference that the Wright Campaign violated the Election Law by spending moneys not recorded in its campaign finance filings. See Election Law § 14–104 (stating that all candidates for election to public office must file statements of valuable things, paid, given or expended in aid of the candidate’s election).

B. Review of the Friends of Senator Montgomery’s 32 Pre Primary filings strongly suggests that the Montgomery campaign committee paid for the February Mailer.

As detailed above, it is unambiguous that the Friends of Senator Montgomery contributed $3,202.55 to the Wright Campaign above New York State’s campaign contribution limits. However, the Friends of Senator Montgomery’s 32 Pre Primary Report filing strongly suggests additional malfeasance, namely that Montgomery financed an additional $18,712.28 of mailers for the Wright campaign.

The Friends of Senator Montgomery’s 32 Pre Primary Report lists two February expenditures potentially associated with the February Mailer. First, the report lists a payment of $10,836.44 to Bencom, a political consulting firm, described as consulting. Second, the report lists an expenditure of $7,876.44 described as postage. These expenses total $18,712.28.

Friends of Senator Montgomery 32 Day Pre Primary Report: Schedule F, Expenditures/Payments:

Given (i) the complete absence of expenditures or donations associated with the February Mailer in the Wright Campaign’s filings, (ii) the fact that the Friends of Senator Montgomery made an above-limit in-kind donation to pay for the Wright Campaign’s May mailer, and (iii) expenses listed in the Friends of Senator Montgomery Pre Primary 32 Day Report are suggestive of a mailer, it is possible to infer that Senator Montgomery paid for the February Mailer as an unrecorded in-kind donation. If true, this would mean that the Senator Montgomery candidate committee has provided in-kind donations to the Wright Campaign totaling $29,414.83, beyond the $7,500 legal limit by a whopping $21,914.83.

It bears noting that Senator Montgomery is retiring, hence the SD 25 seat vacancy and potential campaign committee funds to spend, and is a strong, enthusiastic and committed supporter of Assemblymember Wright.

Actual or Potential In-Kind Donations to Wright Campaign by Friends of Senator Montgomery:

Campaign Literature: $10,702.55
Bencom expenditure: $10,836.44
Postage Expenditure / Payment: $7,876.44
Sum Total of Actual or Potential In-Kind Donations: $29,414.83

In summary, in February 2020, a mailer was circulated in support of the Wright Campaign, which in violation of Election Law § 14–106 did not have the required “paid for by” attribution. In violation of Election Law § 14–104, the costs associated with this mailer, the February Mailer, were neither reported as an in-kind donation or as an expenditure in the Wright Campaign’s 11 Day Pre Primary Report nor in its 32 Day Pre Primary Report. Review of the Friends of Senator Montgomery’s 32 Day Pre Primary Report suggests that Senator Montgomery may have paid for the February Mailing. If so, Senator Montgomery has provided $29,414.83 of in-kind donations to the Wright Campaign, almost $22,000 above the legal limit and in violation of 9 NYCRR 6214.0.

The pattern of behavior by the Wright Campaign described above constitutes repeated, material violations of the Election Law, which we submit must be viewed willful and wanton. Accordingly, we request that the Wright’s Campaign amend its campaign filings, provide clarity as to how the February Mailing was paid for, refund Senator Montgomery for all above-limit campaign contributions and immediately cease its use of palm cards and mailers without the “paid for by” attribution. We also request an immediate Board of Elections Investigation into this and any additional wrongdoing.

We look forward to your response.

Sincerely,

Jabari Brisport

Candidate for New York State Senate District

Exhibit A: February 2020 Tremaine Wright Mailer

Front of February Mailer