MUR #6828
CAL VOTERS FOR HONEST GOVERNMENTSummary
RESPONDENTS: Cal Voters for Honest Government; Baca, Joe; Diaz, Johnny; Friends of Joe Baca
COMPLAINANT: Alfano, George
SUBJECT: Disclaimer; Fraudulent misrepresentation; Reporting
DISPOSITION: The Commission failed by a vote of 3-3 to:
1. Take no further action against Cal Voters for Honest Government and Johnny Diaz, Jr. in his official capacity as treasurer and issue an admonishment letter, as recommended in the Second General Counsel’s Report dated June 7, 2021.
2. Instruct the Reports Analysis Division to administratively terminate Cal Voters for Honest Government.
3. Approve the appropriate letters.
4. Close the entire file.
The Commission decided by a vote of 6-0 to:
1. Instruct the Reports Analysis Division to administratively terminate Cal Voters for Honest Government.
2. Approve the appropriate letters.
3. Close the file.
The Commission decided by a vote of 4-2 to:
Dismiss the allegations against Cal Voters for Honest Government and Johnny Diaz, Jr. in his official capacity as treasurer pursuant to the statute of limitations.
The Commission decided by a vote of 4-0 to approve the Subpoenas to Produce
Documents and Orders to Submit Written Answers to Bank of the West, Richard Mayer, Robert Yang, and Claudia Kano, as recommended in the Memorandum to the Commission dated June 19, 2019.
The Commission decided by a vote of 4-0 to approve the subpoena to produce
documents and order to submit written answers to Johnny Diaz, Jr., Treasurer
and Cal Voters for Honest Government, Bank of the West, ActBlue, General
Outdoor Advertising/Rialto Gateway Display, LLC, Lamar Advertising Company, and
Mentone Outdoor Advertising, as recommended in the Memorandum to the Commission
dated April 15, 2019.
The Commission failed by a vote of 2-2 to:
a. Find reason to believe that Cal Voters for Honest Government and Johnny Diaz Jr. in his official capacity as treasurer violated 52 U.S.C. § 30120 (formerly 2 U.S.C. § 441d) with regard to the mailers.
b. Find reason to believe that Cal Voters for Honest Government and Johnny Diaz Jr. in his official capacity as treasurer violated 52 U.S.C. §§ 30104(a)(4) and 30401(g).
The Commission decided by a vote of 4-0 to:
a. Find reason to believe that Cal Voters for Honest Government and Johnny Diaz Jr. in his official capacity as treasurer failed to include proper disclaimers on the website and billboards and fraudulently solicited funds in violation of 52 U.S.C. §§30120 and 30124(b).
b. Dismiss the allegations pertaining to the republication allegations as to Cal Voters for Honest Government and Johnny Diaz Jr. in his official capacity as treasurer, Joe Baca, Friends of Joe Baca 2014 and Joe Baca in his official capacity as treasurer.
c. Approve the Factual and Legal Analysis, as recommended in the First General Counsel’s Report dated February 4, 2015, as last circulated by Commissioner Petersen’s Office on March 26, 2019 at 3:06 p.m., and as amended at the table.
d. Exercise prosecutorial discretion to dismiss violations of 52 U.S.C. § 30104(a)(4), (g) (formerly 2 U.S.C. § 434(a)(4), (g)) by Cal Voters for Honest Government and Johnny Diaz Jr. in his official capacity as treasurer.
e. Authorize the use of compulsory process.
f. Approve the appropriate letters.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Dismissed-Other | Diaz, Johnny |
52
U.S.C.
§30104(a)(4), (g)
52 U.S.C. §30120 52 U.S.C. §30124(b) |
|
Cal Voters for Honest Government |
52
U.S.C.
§30104(a)(4), (g)
52 U.S.C. §30120 52 U.S.C. §30124(b) |
||
Diaz, Johnny |
52
U.S.C.
§30104(a)(4), (g)
52 U.S.C. §30120 52 U.S.C. §30124(b) |
||
Baca, Joe | |||
Cal Voters for Honest Government |
52
U.S.C.
§30104(a)(4), (g)
52 U.S.C. §30120 52 U.S.C. §30124(b) |
||
Friends of Joe Baca | |||
Dismiss pursuant to prosecutorial discretion | Cal Voters for Honest Government |
52
U.S.C.
§30104(a)(4), (g)
52 U.S.C. §30120 52 U.S.C. §30124(b) |
|
Diaz, Johnny |
52
U.S.C.
§30104(a)(4), (g)
52 U.S.C. §30120 52 U.S.C. §30124(b) |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | Cal Voters for Honest Government |
Previous respondent | Baca, Joe |
Diaz, Johnny | |
Friends of Joe Baca | |
Complainant | Alfano, George |
Respondent's counsel | Rios, Richard R. |