Hudgens Ethics Complaint

I received this unsolicited yesterday from Mr. Rosenberg.
From: Eliot Rosenberg eliotrosenberg1@gmail.com
Date: Tue, Jul 13, 2010 at 10:37 PM
Subject: Hudgens Ethics Complaint.



I am filing an ethics complaint against Senator Hudgens on July 14th.  Below is complaint.  If you would like the exhibits.  Just email me and I will send them along too.

Complaint against Georgia State Senator Ralph Hudgens (SD-47)
and Friends Of Ralph Hudgens

    1.  Name and Address of Person Filing Complaint

        Eliot Rosenberg
                    2479 Peachtree Rd, Unit 507
                    Atlanta, GA 30305
  


    2.  Name and Address of Party Against Whom the Complaint is Filed


                    Ralph T. Hudgens
                    1955  Center St.
                    Comer, GA 30629
  
                    Friends of Ralph Hudgens (Commissioner of Insurance)
                    245 Floyd Drive
                    Athens, GA 30607
                 

3. Clear and concise statement of facts upon which the complaint is based along with an allegation that such facts constitute one or more violations of law.

• On July 6, 2010 Ralph Hudgens filed a campaign contribution report that reported $254,175.41 net balance on hand.

• The July 6^, 2010 report did not include any expenditures for the purchase of campaign commercial air time.

• On or about July 1, 2010 the Hudgens for Insurance Commissioner Campaign purchased at least $344,645 in air time for commercials from five metro Atlanta television stations.   ($40,675 WGCL, $55,000 WXIA, $98,270 WAGA, $134,700 WSB, and $16,000 WATL)

• The air time must be paid in full prior to the airing of campaign ads.

• The Hudgens campaign paid for at least $90,470 above their reported net balance on hand for the commercials (254,175.41 – 344, 645.00 = (-90,470)).

• The Hudgens campaign has not filed any Two Day Reports as of July 13, 2010 to account for at least $90,000 in contributions it must have received since the June 30^th deadline as is detailed in O.C.G.A. § 21-5-34.

• It is inconceivable that Hudgens would have been able to raise at least $90,000 in one day (which would be approximately 23% of what he has raised total), as the air time was mostly purchased on July 1^, 2010 (see exhibits 1, 2, 3, 4, and 5).

• It is even further inconceivable that Hudgens would be able to raise $90,000 in increments in totals less than $1000, which is the threshold to file a two day report.

• Hudgens has either violated O.C.G.A. § 21-5-34 by not reporting contributions, including loans, in excess of $1000 since June 30, 2010, or has not refunded the monies that were illegally transferred to his Insurance Commissioner account on December 31, 2009 and required to be refunded to his State Senate SD-47 account.

• Hudgens' March 31, 2010 amended disclosures for both the Commissioner of Insurance and his State Senate account fail to disclose that the illegal transfer of $106K was returned to the appropriate accounts and/or contributors.

Sen. Ralph Hudgens has a pliable relationship with the campaign finance laws of the State of Georgia.  This is at least the second time that Sen. Hudgens has flagrantly violated the Ethics in Government Act.  The Ethics Commission kindly allowed Sen. Hudgens to refund the $106K in illegal contributions to his Senate Campaign with no fines or sanctions, but with the promise of no longer violating any campaign finance laws. Hudgens has failed to comply with both the laws of the State of Georgia and the Ethics Commission's consent order that he signed. 

The following are the pdf files substantiating a lot of what Mr. Rosenberg alleges