dunmire lawsuit
TRANSCRIPT
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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUITIN AND FOR ORANGE COUNTY, FLORIDA
DON HENSARLING,
Petitioner,
vs. CASE NO.:
MARGARET DUNMIRE,
Respondent./
PETITION FOR PURE BILL OF DISCOVERY
Petitioner, Don Hensarling, files this Petition for Pure Bill of Discovery, suing the
Respondent, Margaret Dunmire, and in support thereof states as follows:
1. Petitioner is a citizen of Florida and a registered Republican voter in Florida.
2. Respondent is a resident of Orange County, Florida. Respondent has been
appointed the campaign treasurer for Tea Party candidate Juanita Virone who is seeking election
as a candidate for the Florida House of Representatives District 35 Seat in the November 2010
general election and for Tea Party Candidate Darrin Dunmire who is seeking election as a
candidate for the Florida House of Representatives District 40 Seat in the November 2010
general election.
3. Section 99.061(7)(a), Florida Statutes, requires a person running for office to file
specific forms with the appropriate filing officer during the qualifying period. The qualifying
period for legislative office began on June14, 2010, and ended at noon on June 18, 2010.
4. On June 18, 2010, Juanita Virone filed qualifying paperwork with the Division of
Elections along with a check for the filing fee in the amount of $1,781.82. True and exact copies
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of the documents filed with the Florida Division of Elections are attached hereto as Exhibit A
and incorporated herein by reference. On June 17, 2010, Darrin Dunmire filed qualifying
paperwork with the Division of Elections along with a check for the filing fee in the amount of
$1,781.82. True and exact copies of the documents filed with the Florida Division of Elections
are attached hereto as Exhibit B and incorporated herein by reference.
5. On the Forms DS-DE 9, Appointment of Campaign Treasurer and Designation of
Campaign Depository for Candidates, filed on June 17 and 18 by Juanita Virone and Darrin
Dunmire, Respondent was designated as campaign treasurer in their respective campaigns.
6. On June 16, 2010, Respondent signed a check drawn on Juanita Virones
campaign account to pay the filing fee to the Florida Department of State. On June 15, 2010,
Respondent signed a check drawn on Darrin Dunmires campaign account to pay the filing fee to
the Florida Department of State.
7. Based on information and belief, the first contributions into Juanita Virones
campaign account occurred on June 18, 2010 and the first contributions into Darrin Dunmi res
campaign account occurred on June 17, 2010.
8. Section 106.021(1)(a), Florida Statutes, provides in pertinent part that no person
shall accept any contribution or make any expenditure unless a campaign treasurer has been
appointed and a campaign depository designated. Section 106.11(4), Florida Statutes provides in
pertinent part that a candidate shall not authorize, and a campaign treasurer shall not sign, a
check drawn on the campaign account for any purpose unless there are funds on deposit to pay
the full amount of the expense.
9. Based on information and belief, Respondent, in violation of Sections
106.021(1)(a) and 106.11(4), Florida Statutes, signed the check drawn on Juanita Virones
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campaign account and the check drawn on Darrin Dunmires campaign account before the Forms
DS-DE 9 for those candidates were filed with the Department of State and at a time when no
funds had been deposited into either account. Pursuant to Section 106.19(1)(d), Florida Statutes
a violation of Section 106.11(4), Florida Statutes is a first degree misdemeanor which may be
punished by imprisonment and fine.
10. Based on information and belief, derived from articles published in the Orlando
Sentinel and quotes attributed to Respondent therein, Respondent has conspired with Florida Tea
Party founders and Democrat candidates to form the Florida Tea Party to be used as an enterprise
to recruit and pay persons to run as Tea Party candidates for Florida House of Representative
seats. Based upon information and belief, Respondent has actively participated in the alleged
conspiracy by providing funding to the Tea Party for the purpose of working a fraud on voters
who will be misled into believing that the Tea Party candidates represent conservative values
when in fact the true purpose behind the formation of the Tea Party is to aid Democrat
candidates by diverting votes from Republican candidates.
11. Petitioner seeks to obtain further evidence to establish:
a. That Respondent signed campaign checks at a time when there were
insufficient funds on deposit in the account to pay the full amount of the check in violation of
Section 106.11(4), Florida Statutes.
b. That Respondent and others conspired to form the Tea Party as an
enterprise that could be used as a fraud on voters to divert votes away from Republican
candidates for Florida House seats to the benefit of Democrat candidates and that Respondents
coconspirator accepted money from persons affiliated with the Democrat Party to form the Tea
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Party and provide filing fees for various Tea Party candidates in addition to paying persons to
run for office as a Tea Party candidate.
c. That Respondent provided money to the Tea Party to be used to pay the
filing fees for various Tea Party candidates and to make additional payments to certain Tea Party
candidates as compensation for their filing to run as Tea Party candidates.
12. Under section 106.25(2), Florida Statutes, an election complaint must be based
upon personal knowledge attested to by the complainant. Hearsay is insufficient.
13. Petitioner is unable to depose the Respondent or procure bank records in order to
obtain the personal knowledge required by Florida law without the discovery from the
Respondent requested in this Petition.
14. Petitioner intends to file an election complaint if the facts as alleged are supported
by the evidence and, if the facts as alleged on information and belief are supported by the
evidence, an action under Floridas Civil Remedies for Criminal Practices Act, Section 772.104,
Florida Statutes.
15. The Petitioner has no adequate remedy at law.
WHEREFORE, Petitioner respectfully requests that the Court enter an Order on this
application for a Pure Bill of Discovery allowing the Petitioner to discover any and all
documents relevant to the Respondent's campaign and personal bank accounts and allow the
Petitioner full use of all discovery methods provided by the Florida Rules of Civil Procedure,
including deposition of Respondent, in an effort to discover the evidence supporting election law
violations and violations of Section 772.103, Florida Statutes.
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Harry O. Thomas (Fla. Bar No. 195097)Christopher B. Lunny (Fla. Bar No. 008982)
Radey Thomas Yon & Clark, P.A.301 S. Bronough Street, Suite 200Tallahassee, Florida 32301-1722Telephone: (850) 425-6654Facsimile: (850) 425-6694E-Mail: [email protected]: [email protected]
Richard E. Coates (Fla. Bar No. 930032)200 West College Avenue, Suite 311-BTallahassee, Florida 32301-7710
Telephone: (850) 681-1029E-Mail: [email protected]
ATTORNEYS FOR PETITIONERDON HENSARLING