A Grassroots Epidemic Of Apathy

Ladies and gentleman, apathy is more than just indifference; it’s an attitude many SB277 activists need to abandon. There seems to be some propensity to wait for someone else to act and take initiative. So, if apathy is the diagnosis, what’s the prescription?  Let’s begin by examining the facts as I suspect many reading may not be quite up to speed.  

The effort to recall Senator Richard Pan began nearly a year ago.  Question: Why has an entire movement ignored a Pan Recall effort that has done nothing more than directly or unwittingly support Senator Pan’s re-election efforts to the tune of $250,000+?  

I’ll explain.  In California, each individual contributing to a political candidate is subject to a contribution limit. These limits are set forth by the California Fair Political Practices Commission (FPPC) and codified into law. In the current election cycle, an individual or corporation can contribute at most $4200 to a candidate for State Senate or State Assembly. When a politician is subject to recall, these contribution limits are removed, should the candidate set up a PAC to oppose the recall.

In reality, the efforts to Recall Pan, or lack of efforts I should say, amount to nothing more than a campaign to enrich his election coffers by eliminating the campaign contribution limits set forth by state law. As a matter of fact, the inactive Pan Recall campaigns have allowed Senator Richard Pan’s PAC to raise over $250,000 to date.  It’s true.  If you aren’t outraged you haven’t been paying attention. 

Katherine O’Neal Duran, who lead and filed Recall 1.0 (FPPC ID #1377741), publicly admitted on November 18, 2015, “My ultimate goal was not to recall.”  (See video below) 

An amazing public admission to say the least. Especially considering every person charged with the performance of any duty under any law of this state relating to elections, who willfully neglects, or refuses to perform it, or who, in his or her official capacity, knowingly and fraudulently acts in contravention or violation of any of those laws, is, unless a different punishment is prescribed by this code, punishable by fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment as specified in California Elections Code Section 18002.

Persons or committees receiving money for promoting or defeating an initiative, referendum, recall petition, or any measure which has qualified for the ballot, must hold the money in trust and may only spend the money for the purpose for which it was entrusted to them as specified in California Elections Code Section 18680. How did Katherine spend the recall donation money she solicited?  Nobody knows.  

Political Reform Act Code § 18401 states: A candidate, treasurer, and elected officer has a duty to maintain detailed accounts, records, bills, and receipts as necessary to prepare campaign statements and comply with the provisions of Chapter 4 (commencing with Section 84100) of the Act. This duty includes maintenance of detailed information and original source documentation, as follows:
(1) For a contribution received or other receipt of less than $25, or an expenditure made of less than $25:
(A) The accounts and records shall contain a continuous computation of campaign account balances, and include a listing reflecting the dates and daily totals of the contributions, other receipts, or expenditures on the dates of the contributions, other receipts, or expenditures.
(B) The original source documentation shall consist of all bank statements, check registers, check stubs, bank or passbooks, and any other records reflecting a continuous computation of campaign account balances in any savings or checking account, money market account, certificate of deposit, credit card account, or any other campaign account, in any bank or other financial institution.  

Did you know Katherine O’Neal Duran has NEVER filed campaign finance disclosures with the Secretary of State as required by law?  See for yourself hereKatherine’s recall ruse ended on December 31, 2015 with 0 recall signatures submitted.  Two weeks later, on January 15, 2016 she officially terminated her committee.

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Recall Pan 2.0, known as “Friends in Support of Recall Pan” (FPPC ID #1380281) followed; and much like Katherine O’Neal Duran’s Committee, is far from what anyone could consider active.  They have done nothing.  The members of this second Recall Committee are:

  • Janine Kloss, Principal Officer, Signer
  • Aaron Mills, Committee Member, Signer
  • Emily Henkel, Treasurer, Signer
  • Amber Beasley, Committee Member
  • Melonie Zarzuela, Committee Member

In January I discovered a payment from the Friends In Support Of Recall Pan Committee to an attorney named Max Kanin. The payment can be viewed on Page 12 of the Committees 460 filing, or seen in the picture below.  For those of you who may not know, Kanin is the former ‘Campaign Counsel’ for SB277 co-author Ben Allen. 

kanin

The decision to hire attorney Max Kanin, former ‘Campaign Counsel’ for SB277 co-author Ben Allen was clearly not governed by or according to reason. At best it was an incompetent failure in due diligence, and at worst, a case of enlightened self-interest. Friends In Support Of Recall Pan’s “leadership” has trotted out a range of excuses for 11 months now, none of which hold much water especially if one considers the fact former ‘Campaign Counsel’ for SB277 co-author Ben Allen believes those with anti-vaccine ideals are clowns.Kanintwitter

As I began revealing this information on vaccine activist Facebook groups like AWAKE CALIFORNIA back in January Committee member Aaron Mills began running damage control.  At a certain point around the time I posted the Kanin/Trump Tweet, Mills decided to remove himself from the Facebook group.

The truth of the matter is this, the Pan Recall Committee and the Friends In Support Of Recall Pan Committee have now helped Sen. Pan raise over $250,000. Why?  Was the goal from day one to enrich Sen. Pan’s campaign coffers rather than recall?  I believe actions speak louder than words.  I also believe it’s past time we end the PANdemic of apathy that exists in our movement.    

CALL TO ACTION:  bullhorn

Please read § 85315 of the Political Reform Act pictured below. 

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As you can see from reading § 85315 of the Political Reform Act pictured above, if Friends In Support Of Recall Pan were to terminate their Committee Senator Pan would be forced to terminate his PAC. 

Can anyone in this movement honestly say they don’t want to end Senator Pan’s ability to solicit unlimited campaign contributions? 

PLEASE contact Friends In Support Of Recall Pan Committee members TODAY and demand they terminate their inactive recall Committee immediately!  

CONCLUSION: The cure for apathy is comprehension. 

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