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September 25, 2012 Omar Ashmawy, Esq.

Staff Director & Chief Counsel Office of Congressional Ethics 1017 Longworth House Office Building Washington, D.C. 20515 Re: Request for Investigation Into Conduct of U.S. Rep. Roscoe Bartlett (R-Md) and Alex Mooney

Dear Mr. Ashmawy: The Maryland Democratic State Central Committee respectfully requests that the Office of Congressional Ethics begin an investigation into the conduct of U.S. Rep. Roscoe Bartlett (RMd) and Alex X. Mooney, who is a part-time employee on Congressman Bartletts official staff. On March 5, 2012, Mr. Mooney filed with the Federal Election Commission a Statement of Candidacy for the Republican nomination for U.S. House for the 6th Congressional District in Maryland, the same district represented by Congressman Bartlett. A copy of that Statement of Candidacy is attached. Mr. Mooney recently confirmed in the press, in article appearing on July 2, 2012, that he had, subsequent to becoming a candidate for Rep. Bartletts seat, become a part-time employee on Congressman Bartletts official staff, with the title of community outreach director. Maryland Reporter, July 2, 2012, found at : http://marylandreporter.com/2012/07/02/gop-chairmooney-now-working-for-bartlett-jacobs-trying-to-ditch-dutch/ The House Ethics Committee has stated that, although there is no absolute prohibition against a House staff member becoming a candidate for state or local elective office-Different considerations apply when a Member is departing office, and one of the Members employees wishes to become a candidate to succeed the Member. In that circumstance, the Committee has taken the position that the staff member must terminate his or her employment in the congressional office upon becoming a candidate. House Ethics Manual 143 (2008 ed.). While such an employee may engage in testing the waters activities, id. the filing of a Statement of Candidacy with the Federal Election Commission in itself indicates that the individual filing has decided to become a candidate, 11 C.F.R. 101.1, and accordingly cannot still be considered in the testing the waters phase. 11 C.F.R. 100.72(b)(3)(testing the waters exemption does not apply when the individual makes or

Paid for by the Maryland Democratic Party and not authorized by any candidate or candidates committee. By authority of Robert J. Kresslein, Treasurer

Omar Ashmawy, Esq. September 20, 2012 Page Two authorizes written or oral statements that refer to him or her as a candidate for a particular office. By running to succeed Rep. Bartlett while being employed by him, Mr. Mooney has violated the House Ethics Rules and, depending on the circumstances, Rep. Bartlett may have improperly used official resources for campaign activity. OCE should conduct an investigation of these circumstances. I am aware that the False Statements Act, 1`8 U.S.C. 1001, applies to information submitted to the Office of Congressional Ethics. Sincerely,

David Sloan Executive Director

Paid for by the Maryland Democratic Party and not authorized by any candidate or candidates committee. By authority of Robert J. Kresslein, Treasurer

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