Dolores and the raffle

The apparent announcement by the Dolores Otting campaign that they will cancel her fundraising raffle and refund all contributions made in consideration for raffle tickets is an acknowledgement that the raffle was illegal.

Specifically, from what I understand the raffle violated the following seven laws;

1. Violation of Penal Code Section 320. The raffle itself was illegal. Political campaigns are specifically not defined as “eligible organizations” under state law for purposes of conducting a raffle.
2. Violation of Penal Code Section 320.5 (C) (f). This section states “A raffle may not be advertised, operated, or conducted in any manner over the Internet, nor may raffle tickets be sold, traded, or redeemed over the Internet.” From September 9-October 20, Dolores Otting’s web site advertised the raffle and provided a down load to a raffle entry form.
3. Violation of Penal Code Section 320.5 (C) (h) (1). This section states “An eligible organization may not conduct a raffle authorized by this section unless it registers annually with the Department of Justice”. In addition to not being an “eligible organization” this raffle was not registered with the Department of Justice.
4. Violation of Newport Beach Municipal Code Section 1.25.030 (Count 1). The fair market value of the six day Honolulu vacation offered as a raffle prize exceeds the $500 contribution limit of the Newport Beach Code.
5. Violation of Newport Beach Municipal Code Section 1.25.030 (Count 2). The fair market value of the Cancun vacation, which includes “economy airfare for two, two free nights in a five star hotel and round trip ground transportation to Cancun International Airport” exceeds the $500 contribution limit of the Newport Beach Code. (Airfare alone is approximately $500 per person).
6. Violation of the Political Reform Act. The source and fair market value of the Cancun vacation have not been reported in accordance with the provisions of the Act. This is now more than two weeks since Ms. Otting assured voters that disclosure would be forthcoming.
7. Making false statements under penalty of perjury. On October 6, 2008, Dolores Otting signed her FPPC Form 460 attesting to the following statement “I have used all reasonable diligence in preparing and reviewing this statement and to the best of my knowledge the information contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct”. This report listed a $495 in-kind donation of the Honolulu vacation by “Lesna Orozco”. Public statements by Linda Orozco confirm that the donation of the vacation was solely by Linda Orozco and that Lesna Orozco did not make any contribution of value to the campaign. This makes the reported donation a false statement.

So tomorrow is a big day for our country and our city. And in both cases, the votes seem obvious to me.