from: firth, sylvia b. to: ornelas, oscar javier cc...

From: Firth, Sylvia B. To: "Ornelas, Oscar Javier" Cc: Dee Margo ; Olivia Zepeda ; Mark C. Walker ; Momsen, Richarda D. ; Ruhmann, Elizabeth M. Subject: RE: David Saucedo - "Amended" 30-day campaign finance report Date: Tuesday, May 02, 2017 8:05:23 PM Attachments: image003.png Mr. Ornelas: I am in receipt of the letter referenced below. While the letter states it is an ethics complaint, it does not comply with the Ethics Ordinance and seeks redress which is beyond the authority of the Ethics Commission. The Ethics Commission does not have authority to remove the name of a candidate from a ballot. In fact, no one at the City can remove Mr. Saucedo’s name from the ballot. The deadline for removing a candidate’s name from the ballot due to ineligibility is 5pm of the fifth day after the filing deadline. Tex. Elec. Code §145.096(a)(2). The filing deadline for this election was February 17, 2017, making the deadline for removing the candidate from the ballot on February 22, 2017. Additionally, a declaration of a candidate’s ineligibility cannot be made once early voting has started and continuing through the closing of the polls on election day. Tex. Elec. Code §145.003(c). If a candidate in a runoff election is declared ineligible before the runoff election, the name must still appear on the runoff election ballot. Tex. Elec. Code §145.096(b). Consequently, we are not in a position to fulfill your request even if the candidate is somehow found to be ineligible. Sylvia Borunda Firth City Attorney Tel (915) 212-1100 Fax(915) 212-0035 [email protected] Mailing Address: P.O. Box 1890 El Paso, TX 79950-1890 Physical Address: 300 N. Campbell El Paso, Texas 79901-1890 (915) 212-0033 (915) 212-0034 Fax [email protected]

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From: Firth, Sylvia B.To: "Ornelas, Oscar Javier"Cc: Dee Margo; Olivia Zepeda; Mark C. Walker; Momsen, Richarda D.; Ruhmann, Elizabeth M.Subject: RE: David Saucedo - "Amended" 30-day campaign finance reportDate: Tuesday, May 02, 2017 8:05:23 PMAttachments: image003.png

Mr. Ornelas: I am in receipt of the letter referenced below. While the letter states it is an ethics complaint,it does not comply with the Ethics Ordinance and seeks redress which is beyond the authorityof the Ethics Commission. The Ethics Commission does not have authority to remove thename of a candidate from a ballot. In fact, no one at the City can remove Mr. Saucedo’s namefrom the ballot. The deadline for removing a candidate’s name from the ballot due toineligibility is 5pm of the fifth day after the filing deadline. Tex. Elec. Code §145.096(a)(2). The filing deadline for this election was February 17, 2017, making the deadline for removingthe candidate from the ballot on February 22, 2017. Additionally, a declaration of a candidate’s ineligibility cannot be made once early voting hasstarted and continuing through the closing of the polls on election day. Tex. Elec. Code§145.003(c). If a candidate in a runoff election is declared ineligible before the runoffelection, the name must still appear on the runoff election ballot. Tex. Elec. Code§145.096(b). Consequently, we are not in a position to fulfill your request even if the candidate is somehowfound to be ineligible. Sylvia Borunda FirthCity Attorney Tel (915) 212-1100Fax(915) [email protected] Mailing Address:P.O. Box 1890El Paso, TX 79950-1890Physical Address:300 N. CampbellEl Paso, Texas 79901-1890(915) 212-0033(915) 212-0034 [email protected]

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
From: Ornelas, Oscar Javier [mailto:[email protected]] Sent: Tuesday, April 25, 2017 7:26 PMTo: Firth, Sylvia B. ; Momsen, Richarda D.

Cc: Dee Margo ; Olivia Zepeda ; Mark C. Walker

Subject: David Saucedo - "Amended" 30-day campaign finance report Ms. Momsen & Ms. Firth, Please find enclosed a letter concerning Mr. Saucedo amended 30-day campaign finance reportpurportedly filed with the El Paso Municipal Clerk on 4/24/2017. I appreciate your attention to thismessage and look forward to hearing from you soon. Oscar Javier Ornelas CPA JD LLM, Attorney

*** CONFIDENTIALITY NOTICE: This message is intended for the use of the individual or entity to which it is addressed and may containinformation that is PRIVILEGED and/or CONFIDENTIAL. If you are not the intended recipient of this message, then please delete it andany attachments immediately without opening them.

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