Is Democrat State Senator David Schapira Violating Federal Election Law?

He’s already made it official but you won’t see any official paperwork filed with the Federal Election Commission by Democrat State Senator David Schapira.

The current State Senator is exploring a bid for Congress in the Tempe area.

Schapira already has a website up and running with the appropriate FEC disclaimer, “Paid for by David Schapira Exploratory Committee,” but anyone searching the FEC website cannot find that his campaign has filed.

Now it might just be that David Schapira has not yet raised and exceeded the $5,000 threshold amount for candidates “testing the waters” that requires the campaign to file a Statement of Organization with the FEC.

That may speak volumes about the viability of Schapira’s interest in seeking office in the anticipated congressional district 9 where he resides.

Candidate Schapira announced the formation of his committee on Monday, November 21st which was over three weeks ago.

Given that it takes only two donors (usually a husband and wife) excited about a candidate’s prospects maxing out their donations at $5,000, perhaps Schapira has discovered that the waters he’s testing may be in the doldrums? Regardless, given that he has been raising money (according to his website) and spending money (for his website), he may be in violation of federal campaign law(s).


Comments

  1. Damned if he do, and if he don’t…trying to comply with the resign to run law trumps the other issues.

    • Because if he violates an FEC rule, he gets fined. If he starts campaigning for another office without resigning, he has in fact resigned and his legislative seat is vacant.

  2. You guys got this one wrong. Click on the link about testing the waters above and you see he’s not required to file until he’s an official candidate, even if he’s over $5k.

    • Not true. Even an exploratory has to file at $5K. I talked to the FEC myself and got confirmation.

    • Nope this is totally right. If he is “Raise more money than what is reasonably needed to test the waters or amass funds (seed money) to be used after candidacy is established” then he has to file a report. If he isn’t then his candidacy is the joke everyone thinks it is anyway.

  3. Apparently the answer to the question in your headline is…”no”

    Schapira doesn’t have to file a statement of organization until he’s a candidate.

    You should be embarrassed that you didn’t check this before posting this stupid article.

    • Wrong again. Call the FEC and ask 800-424-9530 option #2.
      Testing the waters are items like polling, asking questions, and determining if it is even worth making an attempt. Those items are exempt from the $5K threshold and the individual may not file. Campaigning is not exempt and you must file. Campaigning includes things like stating you are a candidate, setting up a website and soliciting donations. Guilty, Guilty, Guilty.

      From the pages of the FEC Candidate guide:

      Campaigning
      Certain activities, however, indicate that the individual has decided to become a candidate and is no longer testing the waters. In that case, once the individual has raised or spent more than $5,000, he or she must register as a candidate. Note that, when an individual decides to run for office, funds that were raised and spent to test the waters apply to the $5,000 threshold.
      Campaigning (as opposed to testing the waters) is apparent, for example, when individuals:
      Make or authorize statements that refer to themselves as candidates (“Smith in 2010” or “Smith for Senate”);
      Use general public political advertising to publicize their intention to campaign;
      Raise more money than what is reasonably needed to test the waters or amass funds (seed money) to be used after candidacy is established;
      Conduct activities over a protracted period of time or shortly before the election; or
      Take action to qualify for the ballot.

      • “Take action to qualify for the ballot.”
        Would that include nominating and appointing your very own Redistricting Commissioner to hand-draw your very own left-leaning Congressional District without any pesky incumbents to run against you? I’m just curious.

  4. Marcus Dupree says

    Was there any research done by the “author” of this piece, or is this yet another unsubstantiated hit piece by the anti-intelligence party? Did you contact the FEC or did you simply think, “Golly gee, I read the FAQ page, I’m basically an expert on election law!” At least this post is credited to the “Sonoran Alliance” and not “Bartholomew Stimpson” née Wendy Rogers, the shrill, bitter acolyte of American facism.

    • Speaking of anti-intelligence, would you open the dictionary and provide us with the definition of “fascism?”

      It actually HAS a very defined meaning. Can you say, “General Motors?” How about “Solyndra?”

      • You’re right, it does. Merriam Webster, the American gold standard for dictionaries has 2 meanings for the word. And by context, Marcus Dupree is referring to the 2nd definition:

        2 : a tendency toward or actual exercise of strong autocratic or dictatorial control

        There’s no definition for “wanumba”, however, so that’s something we can just make up. You know, like you do about yourself every day. You’re just terrific.

      • Marcus Dupree says

        HAHAHAHAHAHAHA, wanumba! General Motors? The country of “Solynda?” People like you are like that ever-warming, final drip of morphine following an emergency appendectomy: so soothingly overly-simplistic; I’m thankful–for your sake– that people like you exist.

    • The “anti-intelligence party”? Marcus, you shouldn’t demean the Democrats in such a manner.

  5. If you believe this drivel, I have a Nigerian Prince brother who needs your Social Security number.

  6. Straight from the FEC website:

    There are activities that indicate that an individual is campaigning and, therefore no longer testing the waters. Among these are:

    Making statements that refer to yourself as a candidate;
    Using advertising to publicize your intention to campaign; or
    Taking action to qualify for the ballot.

    So the question is, whether or not David Schapira is engaged in any of the above activities. If he is, then he may very well be violating FEC regulations.

  7. Here is someone who is following the rules: http://query.nictusa.com/cgi-bin/fecimg/?C00506253.

    And Amanda Aguirre, who claims to be challenging Ralph Raul Grijalva also has NOT filed a statement of organization despite announcing…

  8. PolicyPundit says

    Viramontes publicly backed Sheriff Joe & Russell back in Feb – see this letter to the editor from the East Valley Trib:
    http://www.eastvalleytribune.com/opinion/letters_to_the_editor/article_5cf873ac-3bcc-11e0-bbbf-001cc4c002e0.html

  9. I’m of the inclination that if anyone has a question about this to politely call the guy and see if he’s aware of it.

    If he tells ya to go blow or some such, then ya know. If he cries out OMG! AHH! Then ya also know.

  10. Wow, maybe Obama’s Department of Justice will investigate this! Uhh, never mind.

  11. Marcus, nasty and undeserved cheap shot at Wendy Rogers.

  12. Let’s be very clear. ANYONE who is going to announce they are exploring a bid for public office deserves to be scrutinized. This post poses the reasonable QUESTION whether Schapira has or is violating FEC law. For the most part, there has been a healthy discussion of that question and I am positive many different individuals are researching it intently to determine the answer.

  13. You might want to check your sources before you publish…I advise your readers to go to: http://cpmazrandommusings.blogspot.com/2011/12/how-to-undermine-your-credibility-as.html

    • And if you read very closely Ruperty and 3R, you will notice a question mark “?” in the headline. The only authority who can make a determination whether or not Schapira has violated FEC rules is the FEC. The post was well written in a speculative sense but it has captured the attention of many who are investigating the legality of Schapira’s (as well as other campaigns) political intentions and processing. I’m guessing that big-government, pro-regulation types were the ones who created this new campaign finance system we now live under.

  14. Marcus Dupree says

    And if the FEC disagrees with you, what then? Is it an illegitimate, incorrect, Socalist-George Soros-ACORN-SEIU led conspiracy to uproot and corrupt American democracy, like everything else you disagree with? Keep proffering yourself to congressional campaigns, your bitterness is hardly transparent.

Leave a Reply