J.

PHILIP HARBER

Attorney at Law
520 Crestwood Drive

Clinton, TN 37716-2402

(865) 457-4000 office (865) 457-4055 fax

philharberatty@att.net; jpharber@live.com

January 27,2010

TO: Mr. Drew Rawlins, Executive Director

State of Tennessee
Bureau of Ethics and Campaign Finance
Registry of Election Finance
404 James Robertson Parkway, Suite 104
Nashville, Tennessee 37243-1360

FAX: 615-532-8905

CONFIDENTIALITY NOTICE

The document(sl accompanying this transmission contains in­

formation from J. Philip Harber, Attorney at Law, which is con­
fidential and/or legalry privileged. Its transmission is intended
for the addresseel~) only. If your name does not aRpear just
above this notice, ttien please call J. Philip Harbe!1 AHorney at
Law, at (865) 457·4000, collect if necessary, ane immediate
arrangements will be made for this transmission received in
error fo be picked up and returned to J. Philip Harber, Attorney
at Law, at no cost fo you. Please be reminded that certain
penalties may exist under the law for failing to protect the
confidentialitY. of this transmission if you receive it in error.
Your cooperation will be recognized and appreciated.

RE: Following complaint against BRANDON KEITH FISHER

Pages including this cover sheet: Six (6)
Sender/date/time: JPH 100127 12:45

Dear Mr. Rawlins:

Following is a complaint that I am posting this date by certified mail to

you. I am faxing it to you now so that you will have it immediately.
 I am requesting that you act immediately. I would like for Mr. Fisher to be
denied the reservations that he has made for the 2010 Anderson County Fair, as
they are obviously improper and Illegal. I am interested in those items that Mr.
Fisher has reserved, and others may be, too.

Please feel free to contact me anytime.

Thank you.

Sincerely,

J. Pilip H a r i f I/V\.tlA....r
 J. PHILIP HARBER

Attorney at Law
520 Crestwood Drive

Clinton, TN 37716-2402

(&65) 457-4000 office (&65) 457-4055 fax

philharberatty@att.net; jpharber@live.com

January 27,2009

Mr. Drew Rawlins, Executive Director

State of Tennessee
Bureau of Ethics and Campaign Finance
Registry of Election Finance
404 James Robertson Parkway, Suite 104
Nashville, Tennessee 37243-1360
Certified Mail, Return Receipt Number 7007 0710 0000 6328 0816

Mr. David S. Clark, Esq.

District Attorney General
Seventh Judicial District of Tennessee
101 South Main Street, Suite 300
Clinton, TN 37716
Certified Mail, Return Receipt Number 7007 0710 0000 6328 0823

RE: COMPLAINT AGAINST BRANDON KEITH FISHER,

ANDERSON COUNTY INTERIM JUVENILE COURT JUDGE

Dear Mr. Rawlins:

I am writing you pursuant to T.C.A. § 2-10-108(c).

I am a registered voter in Anderson County, Tennessee. My voter registra­

tion number is 19833.

Mr. Brandon Keith Fisher is running for the position of Anderson County Ju­
venile Court Judge in the August 5, 2010, general election. He stated so publicly
on January 11, 2010, and I have a copy of the transcript of his public remarks
which I will provide to you upon request. Those remarks have also been re­
ported in many local media.

Mr. Fisher is not a qualified candidate for the position of Juvenile Court
Judge. He has not filed anything with the Anderson County Election Commis­
sion or any other government body as he is required by law before spending
money. I confirmed these facts this morning with the Anderson County Election
Commission by visiting that office in person at 8:30 a.m. EST and so inquiring.

I have been advised the Mr. Fisher is spending money, and he has not
complied with T.C.A. § 2-10-105(e)(1}. T.C.A. § 2-1 0-1 05(e)(l} reads:
2-10-105. Filing of contribution, loan and expenditure statements - Deadlines
- Certification of treasurers and other officers - Retention of records - Addi­
tional reporting requirements. ­

(e) (1) Each candidate and each political campaign committee shall certify the
name and address of the candidate's or committee's political treasurer to the re­
gistry of election finance or the county election commission, where appropriate,
before the candidate or committee may receive a contribution or make an ex­
penditure in a state or local election. [emphasis (underlining) added -- bold print
is in original]

So far, Mr. Fisher has spent, or at least committed to spend, at least $4,150
with the Anderson County Fair Association for 2010 county fair in Clinton. He has
purchased a booth for $150, the petting zoo for $1,500, "meet "n greet" for Sat­
urday night for $1,500 (where he will "host" the fair for the evening), and two
banners to be hung at two of the six entrances to the fair at a cost of $500 each.
This information fair was provided to me by Mr. E. T. Stamey, who sold me a
booth [I am a quali'fied candidate, and I have certified the name and address
of my political treasurer to the Anderson County Election Commission} as re­
quired by law.

Mr. Stamey advised me that Mr. Tyler Mayes, an employee in the Ander­
son County Juvenile Court, has made the request of behalf of Mr. Fisher.

I talked with Mr. steve Queener, who is the chairman and head of the
Anderson County Fair (and the Anderson County Clerk & Master), and he advis­
es me that Mr. Fisher has not "bought" anything so far, and that all he has done
is "reserve" what he wants. Mr. Queener advised me, however, that although
no money has been received from Mr. Fisher, that the reservations Mr. Mayes
made for Mr. Fisher has made those things unavailable to others. I specifically
asked Mr. Queener if the reservations that Mr. Mayes made for Mr. Fisher meant
that those things were no longer available, and that I could not reserve or pur­
chase them. Mr. Queener affirmatively acknowledged that I could not have
those things that had been reserved for Mr. Fisher.

In my opinion, Mr. Fisher has spent money without designating a treasurer

for his political campaign. Even though no money has changed hands, a trans­
action has occurred. The consideration for that transaction is Mr. Fisher's prom­
ise to pay (through Mr. Mayes) and the Fair's agreement to reserve certain items

2
 Affidavit

State of Tennessee
SS.
County of Anderson

L J. Philip Herber, having been first duly sworn according to the law, do
hereby make oath:
1. I am over the age of eighteen (18) years and competent to make
this affidavit.
2. The information set forth herein in this affidavit is based on my own
personal knowledge.
3. I have reviewed the information set forth hereinabove, and that in­
formation is true to the best of my knowledge, information, and belief.
Further affiant saith not.

Sworn to and subscribed before me this January 27'i',,201 0::.'> .

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Notary Public
My commission expires: )2-2..1- ZO /0

4
for Mr. Fisher. That is spending. That spending is In violation of the law.

Spending money also raises the question of whether Mr. Fisher may be re­
ceiving contributions, or commitments for contributions. See T.C.A. § 2-10­
lli::;;I.:::.\11 \ sot
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V I '......,"11 ' I V ' 11'-'1 ,-",Y •

By copy of this letter, I am complying with T.C.A. § 2-10-1 08(c} by filing a

copy of this letter with Mr. David S. Clark. T.C.A. § 2-10-1 08(c) reads:
2-10-10B. Sworn complaint on statements of candidates - Penalty for false com­
plaint. ­

(c) All sworn complaints on a statement of a candidate for local public office or a politi­
cal campaign committee for such candidate must be filed in the office of the district at­
torney general who represents the judicial district in which the voter resides.

I am calling on your office to promptly investigate this matter. I refer you

to T.C.A. § 2-1 0-206(a) [7}. T.C.A. § 2-10-206(0)[7) reads:
2-10-206. Registry of election finance - Duties.­
(a) The duties of the registry include the following:

(7) Investigate any alleged violation upon sworn complaint or upon its own motion. If
the registry investigates the records of any selected candidate, it may also investigate
the records of all other candidates running for the same office in the same district or
other appropriate geographic area[.]

I am calling on Mr. Clark, too, to investigate this matter and to seek an in­
junction against Mr. Fisher to prevent his further violation of the Tennessee elec­
tion laws, all pursuant to T.C.A. § 2-10-1 09(b). T.C.A. § 2-10-1 09(b) reads:
2·10·109. Duties of attorney general and reporter. ­

(b) It is the duty of each district attorney general to:

(1) Investigate any sworn complaint filed in accordance with § 2-10-108(c); and
(2) Seek injunctions from the chancery courts of this state to enforce the provisions of
this part against any campaign committee or candidate about whom a sworn complaint
has been filed, if such action is justified.

If you have any questions or comments, please contact me. I may be

reached at the above phone number, or at 865-457-8200.