Office of General Counsel Federal Election Commission 999 E Street N.W. ‘Washington, DC 30163 Complainants: David Clark 1831 Red Mountain Drive Santa Clara, UT 84765 Phone: 435-628-4479 Home phone: 435-628-5108 Email: DClark@infowest.com Cherilyn Eagar 999 Murray-Holladay Road Suite 202 Salt Lake City, Utah 84117 Cell Phone: 801-392-4245 Email: Cherilyn@CherilynEagar.com Howard Wallack 1360 Golden Way Park City, Utah 84060 Home Phone: 435-962-2361 Email: hwlak@aol.com John “Chuck” Williams 1925 Tobiano Circle Heber City, Utah 84032 Home Phone: 435-654-4760 Enail: chuckhole@earthlink.netINTRODUCTION An anonymous letter, lacking the appropriate disclaimer, was mailed to a select group of convention delegates within three days of the Utah Republican State Nominating Convention. This letter likely altered the results of the nomination process for the 2" Congressional District. At the Utah State Republican Nominating Convention, the delegates passed a motion requiring the Utah State Party Chairman Thomas Wright to conduct a “full” investigation of 2"° Congressional District candidate Milt Hanks’ charges of conspiracy and election fraud relating to the letter which Mr. Hanks levied against four other candidates on the convention floor. Tn Mr. Wright’s official report, issued Tuesday, May 7, 2012, the Chairman stated that an inflammatory anonymous letter was mailed to select delegates just prior to the nominating convention in violation of Federal Election Commission (PEC) regulations. He called upon anyone who had evidence regarding the matter to file a complaint with the FEC. A number of facts suggest that a conspiracy existed between two candidates, Milt Hanks and Chris Stewart, their campaigns and/or their agents, leading to the produetion and distribution of this anonymous letter. ‘The individuals submitting this complaint were candidates for the Republican nomination for Utah's 2" Congressional District. We are collectively submitting this complaint, alleging that violations of the Federal Election Campaign Act of 1971, as amended (Act) occurred related to that 2012 Utah Republican Congressional nomination. ACKGROUND Anonymous Letter and the Stewart Campaign Response Letter An anonymous letter (“Anonymous Letter”) without proper disclaimer and identification (as required by FEC regulations) was mailed to seleet delegates on April 18, 2012, four days prior to the Utah State Republican Nominating Convention held on April 21, 2012 Exhibit A: Copy of Anonymous Letter and envelope. Recipients of the Anonymous Letter included: Delegate Lisa Black, 534 S 425 W, Tooele, Utah 84074; phone: 435-882-6661; e-mail: lisakayeblacki@juno.com and Delegate John ‘Smith, 6688 Castleview Drive, West Valley City, Utah 84128; phone: 801-455-2388; e- mail: casams@gmail.com Following the convention, during the week of May 7-12, 2012, a survey was conducted of 2" Congressional District delegates on their knowledge and/or receipt of the Anonymous Lotter and a “response letter” from Chris Stewart. Fifteen percent of State Delegates polled (30% responded) say they received the Anonymous Letter, and 68% did not. This numbershows the mailing likely targeted only “undecided” delegates. Exhibit B: Independent Poll of State Delegates, Week of May 7, 2012. Cherilyn Eagar has personal knowledge, via a telephone conversation with Delegate John Smith that: 1) he received the Anonymous Letter sent to an incorrect address from what appears to be an outdated caucus attendee list. It was forwarded to his current 2012 delegate list address; 2) he did not receive the “Chris Stewart Letter,” (“CS Letter”), the response to the Anonymous Letter, but Mr. Smith did receive mailers from all the other candidates at his current address; 3) Mr. Smith is on the Complainants’ delegate lists at his current correct address; he did receive their mailings. Exhibit C: Excerpt of the delegate databases “Smith” listings, Cherilyn Eagar believes that delegate Rick Reile may have more information about the origin of the Anonymous Letter and who was responsible for it. Rick Raile, 4454 E, Kenbridge Ct, Salt Lake City, Utah 84108; phone: 801-583-9998; e-mail: rickraile@qwestanet Chris Stewart’s supporter, McKay Christensen stated that: 1) he had received a phone call from his wife that the Anonymous Letter had arrived in their mailbox in Centerville, Utah at 10:00 am, April 19, 2012; 2) he notified the Stewart campaign who sent a ‘volunteer/staff member to pick it up by 10:30 a.m., and the letter was delivered to the Stewart campaign headquarters in Farmington, Utah, at an estimated arrival time of 10:45- 11,00 am., April 19, 2012. MeKay Christensen, 243 Balsam Drive, Centerville, Utah, phone: 801-882-3442: e-mail: mckay7474@email.com Exhibit D: Salt Lake Tribune Paul Rolly Article. Source: http://www.sltrib.com/sltrib/polities/54025363-90/stewart-letter-convention- email hml.esp?page=1. Exhibit E: Facebook screen shot comments about Anonymous Letter, Paul Rolly Article Comments (See Exhibit D Source). The Anonymous Letter envelope was post-marked at the Salt Lake City 841 post office on Wednesday, April 18, time stamped at 2 pm with a first-class postage stamp. The envelope hhad no return address. A response letter from the Stewart campaign (CS Letter), referencing the Anonymous Letter as “documents,” was mailed to delegates on April 19, 2012, prior to the nominating convention held on April 21, 2012, Exhibit F: Copy of the “CS Letter.” ‘The CS Letter envelope was marked at the Salt Lake City $41 post office on Thursday, April 19, 2012, time-starmped at 1:00 pm with a first-class postage stamp. The envelope had the Chris Stewart campaign’s retum address affixed. Travel time from Farmington, Utah to the Salt Lake City Post Office is approximately 30 minutes. ‘The postal mark on the response letter mailed to nearly 1,000 delegates was time-stamped at the Salt Lake Post Office 841 at 1:00 p.m., April 19, 2012. The CS Letter was mailed to all, or nearly all, the 973 delegates in the 2 District. The CS Letter was professionally printed on the campaign letterhead in color. There is no date on the CS Letter.