IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

DON HENSARLING,

Petitioner,

vs.

MATTHEW ALLEN RUSSELL,

Respondent.

----------------------~/

PETITION FOR PURE BILL OF DISCOVERY

U1

Petitioner, Don Hensarling, files this Petition for Pure Bill of Discovery, suing the

Respondent, Matthew Allen Russell, and in support thereof states as follows:

1. Petitioner is a citizen of Florida and a registered Republican voter in Florida.

2. Respondent is a resident of Leon County, Florida who has filed to seek election as

a candidate for the Florida House of Representatives District 57 Seat in the November 2010

general election. Respondent asserts that he is running as a candidate ofthe Tea Party.

3. Section 99.061(7)(a), Florida Statutes requires a person running for office to file

specific forms with the appropriate filing officer during the qualifying period. The qualifying

period for legislative office began on June14, 2010, and ended at noon on June 18,2010.

4. On June 18, 2010, Respondent filed qualifying paperwork with the Division of

Elections along with a check for the filing fee in the amount of $1,781.82. True and exact copies

of the documents filed with the Florida Division of Elections are attached hereto as Exhibit A

and incorporated herein by reference.

5. On the Form DS-DE 9, Appointment of Campaign Treasurer and Designation of

Campaign Depository for Candidates, the Respondent declared that he was seeking nomination

1''''1nl::I.1.'1",

~ 5

for election as a Tea Party candidate for Florida House District 57 and appointed himself as campaign treasurer.

6. On information and belief, the Respondent was registered as a Republican Party

voter until registering as a member of the Tea Party on June 18,2010.

7. Upon information and belief, prior to the Respondent switching his party

affiliation from the Republican Party to the Tea Party, Respondent was recruited and, like certain other Tea Party candidates for Florida House of Representative seats, may have been induced by monetary compensation to file as a Tea Party candidate for the purpose of manipulating the election process to divert votes to himself which would otherwise be cast for the Republican Party candidate in the race for House Seat 57.

8. On the Respondent's financial disclosure form filed with the Division of

Elections, he declares that his net worth is $10,305.00.

9. On information and belief, Respondent was provided money to use for payment

of the qualifying fee required as a condition of qualifying for office and, like certain other Tea Party candidates, may have been paid or promised payment of additional money to file as a Tea Party candidate for the Seat 57 election.

10. On information and belief, Respondent accepted money for his filing fee to run as

a Tea Party candidate before he filed Form DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository with the Florida Division of Elections in violation of Section 106.021, Florida Statutes.

11. Based on information and belief, the first contributions into Respondent's

campaign account occurred on June 18,2010.

2

12. Section 106.11(4), Florida Statutes, provides in pertinent part that a candidate

shall not authorize and a campaign treasurer shall not sign a check drawn on the campaign account for any purpose unless there are funds on deposit to pay the full amount of the expense. Based on information and belief, Respondent, in violation of Section 106.11 (4), Florida Statutes, signed a check drawn on Respondent's campaign account on June 16,2010 to pay Respondent's filing fee, at a time when no funds had been deposited into the account. Pursuant to Section 106.19(1)(d), Florida Statutes a violation of Section 106.11(4), Florida Statutes, is a first degree misdemeanor which is punishable by imprisonment and fine.

13. A check drawn on a campaign account that is signed in violation of Section

106.11(4), Florida Statutes, and presented to the Division of Elections in payment of the required filing fee is not a properly executed check as required by Section 99.061(7)(a), Florida Statutes, and the candidate submitting such a check is not a qualified candidate to seek election to office and should be removed from the ballot.

14. Petitioner seeks to obtain further evidence to establish:

a. That Respondent is not a bona fide Tea Party candidate and that the funds

used to pay his filing fee and any payment to change parties and run as a Tea Party candidate were received prior to the appointment of a campaign treasure and designation of campaign depository in violation of Florida law.

b. That Respondent is not a qualified candidate and should be removed from

the ballot because the check signed to pay the filing fee was not a properly executed check pursuant to Section 99.061 (7)(a).

15. Under section 106.25(2), Florida Statutes, an election complaint must be based

upon personal knowledge attested to by the complainant. Hearsay is insufficient.

3

16. Petitioner is unable to depose the Respondent or procure bank records in order to

obtain the personal knowledge required by Florida law without the discovery from the

Respondent requested in this Petition.

17. Petitioner intends to file an election complaint if the facts as alleged are supported

by the evidence.

18. The Petitioner has no adequate remedy at law.

WHEREFORE, Petitioner respectfully requests that the Court enter an Order on this

application for a Pure Bill of Discovery allowing the Petitioner to discover any and all

documents relevant to the Respondent's campaign and personal bank accounts and allow the

Petitioner full use of all discovery methods provided by the Florida Rules of Civil Procedure,

including deposition of Respondent, in an effort to discover the evidence supporting election law

violations.

Harry . Thomas (Fla. Bar No. 195097) Chris opher B. Lunny (Fla. Bar No. 008982) Radey Thomas Yon & Clark, P .A.

301 S. Bronough Street, Suite 200 Tallahassee, Florida 32301-1722

Telephone: (850) 425-6654

Facsimile: (850) 425-6694

E-Mail: hthomas@radeylaw.com E-Mail: clunny@radeylaw.com

Richard E. Coates (Fla. Bar No. 930032) 200 West College Avenue, Suite 311-B Tallahassee, Florida 32301-7710

Telephone: (850) 681-1029

E-Mail: rcoates@rcoateslaw.com

ATTORNEYS FOR PETITIONER DON HENSERLING

4

,',

STATE OF FLORIDA OFFICE USE ONLY
APPOINTMENT OF CAMPAIGN TREASURER ei~ r.':r-,
AND DESIGNATION OF CAMPAIGN S !';'.c.::. _ .. u :~ •
DEPOSITORY FOR CANDIDATES 2010 JUH 18 AM II: 36
(Section 106.021{1), F.S.)
(PLEASE PRINT OR TYPE) ~f:/,~,\ r. .f:.i."j :_-r ;., iATE
DlVISrON Of ELECTIOHS
1. CHECK APPROPRIATE BOX:
tKl Original Appointment Change in: 0 TreasurerJDeputy o Depository 0 Office o Party
2. Name of Candidate (in this order: First, Middle, Last) 3. Address Ont1ude post office box. or street, city, state, zip
t'\1k*~ ~~ ~c,~\\ code) \ '\\\. W,,'U"'- vku..\ C ... «. 6:,
4. Telephone (optional) 5. E-mail address (optional) -r ",,\t(k.'v\.q._s.~ ~\.. -1c.~l"!l-
( )
6. Office sought {include distric!, Circuit, group number) 7. If a candidate for a nonpartisan Office, check if
t'\D"\~1J. ~ o.f t.lf~'rJM~~:i'it) ~,' ~).!;-(\·r I- 67 applicable:
0 My intent is to run as a Write-In candidate.
8. If a candidate for a partisan office, check block and fill in name of party as applicable: My intent Is to run as a
0 Write-In t1 No Party Affiliation J[1 1~l?I Party candidate,
9.1 have appointed the following person to act as my _12g Campaign Treasurer 0 Deputy Treasurer
10. Name of Treasurer or Deputy Treasurer
t'\Q\H ~ ll.-~~\t
11. Mailing Address (If post office box or drawer. also include street address) 12. Telephone
1 ~n - Wo.,1M. ~\ l\'i.;; .: (-;1-\ ) 'l1:{=!- ... \.fXW'"
13. City 114. County 115. State 116. Zip Code 117. E-mail address (optional)
-r w.\ojA",~,\9Jl., \)LoVt y(" "1)1",1-
18. I have designated the foUowing bank as my 64 Primal}' DepositoI}' o Secondal}' DepositoI}'
19. Name of Bank 20. Street Address
1,().N\~ o~ ~VNN'l L. cit 1..\..500 e. \:-\\C\""W~ -VO
21. City \ 22. County \23. State . , 24. Zip Code
~\LW\\\t- D~\ol)s~ v(.... '5z.«):r-K
UNDER PENALnes OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND
DESIGNAnON OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE.
25. Date 26. Signature of c~~
)v\f"..l. \.i,'tolb X }JIJttr- '",u
.y ....... -
27. Treasurer's Acceptance of Appointment (fill in the blanks and check the appropriate block)
I, V\.l.~ ev~wl , do hereby accept the appointment
(Please Print or Type Name)
designated above as: RI Campaign Treasurer 0 Deputy Treasurer.
-:JJV\l l~ 'fjOLt,) X ~ {2~HAND DELIVERED
ate Signature of Campaign Treasurer or Deputy Treasurer Exhibit A

RPOF (pure bill of discovery) 000104

.',

OFFICE USE ONLY ¥=q r: f

::. ~ ~ c, , ...

2010 JUN I B AM II: 36

have received, read and understand the requirements of Chapter 106,

Each candidate must file a statement with the qualifying officer within' 10 days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed. Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss. 106.19(1)(c), 106.265(1), Florida Statutes).

STATEMENT OF CANDIDATE

(Section 106.023, F.S.) (Please Type)

Florida Statutes.

x

Date

HAND DELIVERED

Signature of candidate

DS'DE 84 (Rev. 03108)

RPOF (pure bill of discovery) 000105

FORM 6 FULL AND PUBLIC DISCLOSURE OF 2009
...... e pJtnt ortypll your name, malUng :1 FINANCIAL INTERESTS I Flil I'D e !
1Idd1'llSB, agency name, and posiUon below : 4 R...,....., s; ... :.
lAST NAME - FIRST NAME - MIDDLE NAMt:: FOROFF1CE
,::"C;s.J..\\ tJ\D..~ A)\OJV\. USE ONLY: ZOIOJUH 18 AM II: 36
MAlL.ING ADDRESS:
\'\\\ W~I\,*, ~t (..\'lJ..t.. ~. .Iii~~·~ ~.. ... .. , I- ';;TrlTE
10 ClWWISIOH Of ELECTIOnS

CITY: ZIP: COUNTY:
-r g..\~ ~>..u., "\1.'t\o:t l-t-O\f"\ 10 No.
NAME OF AGENCY:
Conf.Code
NAME OF OFFICE OR POSITION HEL.D OR SOUGHT: S7 P. Req.Code
~\o,,\!.l. \\t,Vs,e. ttf ~'l~kll.~~ ~\<;-+<\vt
'CHECK IF THIS IS A RUNG BY A CANDIDATE ~
PARTA-NETWORTH
Please enter the value of your net worth as of December 31. 2009. or a more culTBnt date. (Note: Net worth Is not calculated by subtracting your roporfed
liabilities from your roported assets, so please see the Insbuctlons on page 3.]
My net worth as of llML l¥' • 20lQ_was$ iOI1Ds .

PART B - ASSETS
HOUSEHOLD GOODS AND PERSONAL EFFECTS:
Household goods and personal elledS may be reported in a lump sum If their aggregate value exceeds $1,000. This category includes any of the following,
If not held for investment purposes: jewelry; collections of slamps. guns. and numIsmatic llems: art objects; household equipment and furnIshIngs; clothIng;
other household lIems; and vehicles for personal use.
The aggregalS value of my household goods and personal elfecls (described ebove) Is $ ") .ses:
•
ASSETS lNDMDUALLY VALUED AT OVER $1,000:
DSSCRlPTlON OF ASSET (speclfil: description Is required. see Ill6tnJctioll6 p.4) VALUE OF ASSET
'Z.oc:rz... ,L.-., ..1A c..",C(.. S ,?o<5"




PART C - LIABILITIES
UABIUTlES IN EXCESS OF $1,000:
NAME AND ADDRESS OF CREDITOR AMOUNT OF LlABIUTY




JOINT AND SEVERAL UABILmES NOT REPORTED ABOVE:
NAME AND ADDRESS OF CREDITOR AMOUNT OF LIABIL.11Y

1.1 Alln DELIVERED RPOF (pure bill of discovery) 000106

· PART D.- INCOME

You may EITHER (1) file a complete copy of your 2009 federal Income tax return, including all aHachments .. OR (2) file a sworn statement Identifying each separate source and amount of income which exceeds $1,000, including secondary sources of Income, by completing the remainder of Part 0, below.

o I elect to file a copy of my 2009 federal Income laX return.llf you check this box and allach a copy of your M09 lax return, you need not complete the remainder of Part 0.1

PRIMARY' SOURCES 01" INCOME:

SECONDARY SOURCES 01" INCOME (Major customers, clients. ete., of businesses owned by reporting person-see Instrucllons]:

OF NAME OF MAJOR SOURCES ADDRESS PRINCIPAL BUSINESS

PART E -INTERESTS IN SPECIFIED BUSINESSES

IF ANY OF PARTS A THROUGH E ARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE 0

OATH

I, the person whose name appears at the

beginnIng of Ihls form, do depose on oath or affirmation and say that the information disclosed on this form

and any altachments hereto is true, accurate,

and complete.

SIGNAT1IREO~CAHDI.ATE

STATE OF FLORIDA COUNTY OF

Sworn to (or affirmed) and subscribed before me this [7 day of

Jv,- IV- 20 R by (y\ Il-vf1Ie ltU .e ussu...g_, -.)

~,

FlUNG INSTRUCTIONS for when and where to fila this form are located at the top of page 3. INSTRUCTIONS on who must file this form and how to fiJI It out begin on page 3.

OTHER FORMS you may need to file life descflbed on paso 6.

RPOF (pure bill of discovery) 000107

.;

OFFICE USE ONLY

LOYALTY OATH

(Sections 876.05-876.10. Florida Slatutes)

CANDIDATE WITH PARTY AFFILIATION

2010 JUH 18 AM II: 36

STATE OF FLORIDA COUNTY OF Le (r{,\

I, I ~~~

FIrst Name

Middle NameRnllial

Last Name

a citizen of the State of Florida and of the United States of America. and being [a candidate for public office] do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida.

Important: If elected,. a candidate must retake the loyalty oath as specified in s. 876.05, Florida Statutes, and that oath shall be filed wUh the reCords of the governing officIal or employing govemmental agency prior to the approval of payment of salary. expenses, or other compensation.

OATH OF CANDIDATE (Seelion 99.021. Florida Slatutes)

I, tJ\ ",1:-\ Ww Q..1I'1'r.Llt

(pLEASEPRlNTWUIIE /IS YOUWlBH rno APP!:AR ON "l'HE BALLO'I' NAME MAY NOT BE CHANGED AfTER "l'HEEHD OF QUAUFYlNG)

am a candidate for the office of 't-'Ou\\,. \\!lI.ht o~ b'f[(AiWII:\!ctM.S (office)

_____ ;, I am a qualified elector of \ .e.O~

(circUit)

County. Florida; I am qualified

(groUp)

under the Constitution and the laws of Florida to hold the office to which I desire to be nominated or elected; by executing this form, I have taken the oath required by ss. 876.05-876.10, Florida Statutes; J have qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with the office I seek; and I have resigned from any office from which I am required to resign pursuant to Section 99.012, Florida Statutes.

STATEMENT OF PARTY (Section 99.021, Rorida Slatulas)

I am a member of the 4" t.CX Party; I am not a registered member of any other political party; I have not been a candidate for nomination for any other political party for a period of 6 months preceding the general election for which I seek to qualify; and I have paid the assessment levied against me, H any.

as a candidate for said office by executive committee of. the political party, of which I am a member.

x

Email Address

Address ' City

Stale

ZIP Code

Sworn to (or affirmed) and subscribed before me this /1 day Of....;JL-UZ-L:::.:;..::::..:;o • 20_J..:L.

Pen;onally Known: or

Produced IdenUlicalion: j

Signature of Notary Public - State of Fiori

Print. Type. or Slamp Commissioned Na of Nota: public

Type ofldentlficalion Produced:

RPOF (pure bill of discovery) 000108

FILED

10 JUN 18 AtUI: ,+0 ;}ECRE.TARY Of STATE.

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RPOF (pure bill of discovery) 000109

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RPOF (pure bill of discovery) 000112