SANTIAGO BURGER

SB Attorneys at Law

LLP
LITIGATION GROUP FERNANDO SANTIAGO

SB
PARTNER

Email: Fernando@litgrp.com

August 27, 2018

Via certified mail & first class mail

New York State Board of Elections

40 North Pearl Street
Suite 5
Albany, New York 12207-2729

Re: Complaint under Fair Campaign Code, 9 NYCRR § 6201.3

Dear State Board of Elections:

Our office represents Marjorie Byrnes, who is a candidate for the 133rd Assembly
District. This letter constitutes a formal complaint against the Assemblyman Joe Errigo
and/or the “Friends of Joe Errigo” for a violation of the Fair Campaign Code (Part 6201 of
the Rules and Regulations of the New York State Board of Elections) based on a misleading
and inaccurate flyer circulated by his campaign.

Section 6201.1 of the Fair Campaign Code, expressly provides that:

No person, political party or committee during the course of any

campaign . . . shall, directly or indirectly, . . . by means of
campaign literature, media advertisements or broadcasts, public
speeches, press releases, writings or otherwise, engage in or
commit any of the following:

(b) Political practices involving subversion or undermining of

political parties or the electoral process including, but not limited
to, the preparation or distribution of any fraudulent, forged or
falsely identified writing or the use of any employees or agents
who falsely represent themselves as supporters of a candidate,
political party or committee.

Attached to this letter is a copy of the flyer/political mailing in question. Specifically,

upon information and belief, the attached flyer has been disseminated by the “Friends of Joe
Errigo,” and contains misleading, inaccurate, and defamatory statements regarding both
candidate Marjorie Byrnes and a member of her campaign team, Jason McGuire. The flyer

| 1250 Pittsford Victor Road | Building 100 | Suite 190 | Pittsford, New York 14534 | Phone: (585) 563-2400 |

| Fax: (585) 563-7526 (Fax and email Not for Service) | www.Litigation-Group.com |
 Page 2 of 2

improperly and incorrectly refers to a lawful payment as a “Bribe” and falsely states that the
referenced payment was not disclosed despite the fact that payments were in fact disclosed
in required filings. The flyer further falsely references a non-existent “admission of guilt.”
Moreover, the flyer inaccurately and falsely suggests that this was reported in the news and
further falsely depicts a photo-shopped gathering of Marjorie Byrnes, Andrew Cuomo, and
Jason McGuire appearing to laugh about the alleged bribe, which constitutes a falsely
identified writing. Additionally, the content of the flyer has also been posted as a video on
social media at https://www.facebook.com/friendsofjoeerrigo/videos/254113505239591/,
under the following post: “HAVE YOU HEARD THE NEWS??? Marjorie Byrnes is under
investigation for BRIBERY!”.

All future communications regarding this complaint and investigation should be made
to the following counsel: Michael A. Burger, Esq. and Fernando Santiago, Esq. The email
addresses to be used for further communications are: mike@litgrp.com and
fernando@litgrp.com. We can be further contacted at Santiago Burger LLP, 1250 Pittsford-
Victor Rd., Bldg. 100, Suite 190, Pittsford NY 14534.

On behalf of Candidate Byrnes, we thank you in advance for considering this

complaint and investigating this matter.

Very truly yours,

SANTIAGO BURGER LLP

Fernando Santiago

FS/
Enclosure (Proof of service)

Cc: Joseph A. Errigo (via certified mail & first class mail)
30 Office Park Way
Pittsford, NY 14534

Friends of Joe Errigo (via certified mail & first class mail)
17 Pine Cone Drive
Pittsford, NY 14534

| 1250 Pittsford Victor Road | Building 100 | Suite 190 | Pittsford, New York 14534 | Phone: (585) 563-2400 |

| Fax: (585) 563-7526 (Fax and email Not for Service) | www.Litigation-Group.com |