Respondent: Yancy F.

McArthur, Republican Committeeman, Hyde Park, NY Address: 9 Franklin Road, Hyde Park, New York 12538 Respondent: Saland for Senate Address: 5 Hubbard Lane, Poughkeepsie, NY 12603 Address: 1839 South Road, Wappingers Falls, 12590 Complaint of Violation of Fair Campaign Code 9 NYCRR 6201.1

The New York State Fair Campaign Code is found at 9 NYCRR 6201.1 in pertinent part provides: In order that all political campaigns be conducted under a climate promoting discussion of the issues and presentation of the records and policies of the various candidates, stimulating just debate with respect to the views and qualifications of the candidates and without inhibiting or interfering with the right of every qualified person and political party to full and equal participation in the electoral process, the following is hereby adopted by the New York State Board of Elections pursuant to section 3-106 of the Election Law as the fair campaign code for the State of New York. No person, political party or committee during the course of any campaign for nomination or election to public office or party position shall, directly or indirectly, whether by means of payment of money or any other consideration, or by means of campaign literature, media advertisements or broadcasts, public speeches, press releases, writings or otherwise, engage in or commit any of the following: (a) Practices of political espionage including, but not limited to, the theft of campaign materials or assets, placing one's own employee or agent in the campaign organization of another candidate, bribery of members of another's campaign staff, electronic or other methods of eavesdropping or wiretapping. I am the campaign manager of the Neil Di Carlo for Senate campaign and I personally witnessed the violation of the Fair Campaign Code directly perpetrated by Yancy F. McArthur in that he committed the theft of materials and assets of the Neil Di Carlo for Senate campaign. Upon information and belief, Mr. McArthur actively participates in the Saland for Senate Campaign. While I have no way of knowing if the actions of Mr. McArthur were ordered by Candidate Steven Saland or his campaign staff, I would ask the Board of Elections to investigate and determine if such instructions were given. Mr. McArthur has close connections to Candidate Steven Saland and such connections raise an inference that the Saland Campaign at least indirectly caused the theft of materials and assets of the Neil Di Carlo for Senate Campaign. Over 150 Di Carlo campaign signs have been stolen in the Hyde Park area from Mid-July to date. The theft of such a large number of signs indicates a concerted effort to deny the Neil Di Carlo for Senate Campaign the ability to participate in the election process and to get his message out to the voters of the 41st Senate District. The actions of Yancy McArthur are particularly troubling because he is an elected commissioner of the Roosevelt Fire District and has been elected as a Dutchess County Republican Committee Member for District 3-1 in the Town of Hyde Park. Substance of Complaint:

On Saturday, September 1st 2012, Yancy McArthur was witnessed stealing a campaign sign placed by Zachariah Chichester, State Senate Candidate Neil Di Carlo's campaign manager. Mr. Chichester had only minutes earlier finished placing a Retire Saland sign on public property on Route 9G in Hyde Park at approximately 9:55 pm. After washing his vehicle in a nearby car-wash, he and a second witness observed Yancy McArthur stealing the sign from the public ground at about 9:57 and returning to his place of business. The Hyde Park police were called at approximately 10pm to report the theft. The report included a description of the vehicle, license plate number and description of the individual. The witnesses then waited for the police to arrive. Mr. McArthur then left and called the police on the witnesses waiting for the police. A second call was placed by the witness to the Hyde Park Police. The police dispatcher informed the witness that Mr. McArthur had called them and upon being questioned by the dispatcher, confessed to driving the vehicle in question and to stealing the sign. A short while later, Mr. Chichester and a few other witnesses found 5 Di Carlo/Retire Saland signs in a dumpster behind Mr. McArthur's place of business, some of which had been cut up. The police officer on the scene, Officer Joshua Tucker, Shield Number 8, also informed Mr. Chichester that Mr. McArthur claimed to have relocated the sign. Mr. McArthur indicated to the investigating officer that he took it to the intersection of 9G and Fallkill Road in the Town of Hyde Park. Officer Tucker informed Mr. Chichester that he inspected that intersection as well the length of Fallkill Road and found no signs there, an indication that Mr. McArthur had spoken falsely. A formal complaint was made to the police at approximately 2:30am, September 2nd, 2012. All filed complaints, phone logs, and testimony of the police officers and dispatchers are available from the Hyde Park Police department 845-229-9340. A picture of the dumpster containing the stolen signs that was submitted to police is included. McArthurs Ties to Candidate Saland Yancy McArthur is the Dutchess County Republican Committee Member for District 31 in the Town of Hyde Park. The Dutchess County Republican Committee voted to endorse Steve Saland for the 41st Senate District. Mr. McArthur is the wife of Jean McArthur who is the Chairperson of the Hyde Park Republican Committee and a member of the Executive Committee of the Dutchess County Republican Committee. Ms. McArthur circulated nominating petitions on behalf of Steven Saland. The McArthurs reside at 9 Franklin Drive in the Town of Hyde Park and have several Saland for Senate campaign signs on their front lawn. Upon information and belief, Mr. & Mrs. McArthur have been actively participating in the Saland for Senate Campaign. Yancy McArthur is an elected commissioner of the Roosevelt Fire District. According to the Roosevelt Fire Districts website, Steven Saland has obtained funding on behalf of the Roosevelt Fire District in the past. Yancy McArthur previously served as elected supervisor for the Town of Hyde Park. During McArthurs tenure as Town Supervisor, Salands law firm Gellert & Klein served as the Town Attorney.

Conclusion The Di Carlo for Senate Campaign respectfully submits that the theft of campaign signs by Yancy McArthur is a clear violation of the Fair Campaign Code. Mr. McArthur made incriminating statements to the police regarding the theft of the signs. It is respectfully submitted that all the penalties imposed by NY Election Law should be imposed against the respondent including the civil penalties imposed by Election Law 3-106(4). Violation of the Fair Campaign Code by an elected public officer who is also elected to a party position deserves harsh punishment since such a person should know better. The Di Carlo for Senate Campaign respectfully requests that the New York State Board of Elections utilize its powers under Election Law 3-104(2) to investigate the theft of over 150 Di Carlo for Senate campaign signs. Action by the State Board of Elections is required to prevent future theft of campaign signs. Allowing a blatant violation of the Fair Campaign Code to go unpunished simply invites future violations and emboldens the perpetrators. Swift and determined action by the Board of Elections is required to set an example and preserve the right of every qualified person and political party to full and equal participation in the electoral process especially those seeking to unseat a sitting incumbent. Please notify complainant of any deficiencies so they may be corrected and I will be more than happy to provide any additional information regarding this complaint. Sincerely

Zachariah Chichester