West Ward Councilman Kelly Slapped with ELEC Complaint

Doitall Kelly.

The New Jersey Election Law Enforcement Commission filed a complaint against Dupre “DoItAll” Kelly, for failing to comply with the New Jersey Campaign Contributions and
Expenditures Reporting Act.

The complaint relates to the 2021 contest for a vacant West Ward Council seat, which Kelly won.

In short, Kelly won the seat without filing an ELEC report.

The Commission by way of Complaint alleges:

FIRST COUNT PROPOSED FINDINGS OF FACT:

1. Respondent sought election to Municipal Office, City of Newark, Essex County, in the 2018
municipal election held on May 8, 2018 (election).

2. Respondent has not filed a certified Report of Contributions and Expenditures (Form R-1) as
a 29-day preelection report (29-day report), or a Candidate – Sworn Statement (Form A-1) or a Joint Candidates Committee – Sworn Statement (Form A-2) for the election.

PROPOSED CONCLUSIONS OF LAW:

3. Respondent was a candidate in the election, as defined by N.J.S.A. 19:44A-3c, and therefore
was subject to the requirements of the Campaign Act and Commission Regulations.

4. Respondent was required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, to file a
certified Form R-1 as a 29-day report on April 9, 2018, reporting all contributions received and
expenditures made from when Respondent first received a contribution or made an expenditure in the election through April 6, 2018.

5. In lieu of Form R-1, N.J.S.A. 19:44A-16d and N.J.A.C. 19:25-8.4 required Respondent to file
Form A-1 or Form A-2 on or before April 9, 2018.

6. Respondent violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2 and 19:25-8.4 by failing to
file a 29-day report, Form A-1 or Form A-2 on April 9, 2018.

7. Respondent is subject to imposition by the Commission of the penalties prescribed by N.J.S.A.
19:44A-22 and N.J.A.C. 19:25-17.1 et seq., which penalties may not be more than $8,600.00 for each reporting transaction that is not reported in the manner or not filed on the date established for reporting by the Campaign Act or Commission Regulations.

SECOND COUNT
PROPOSED FINDINGS OF FACT:

8. The Proposed Findings of Fact contained in the First Count of this Complaint are repeated and incorporated herein.

9. Respondent has not filed a certified 11-day preelection report (11-day report) for the election.

PROPOSED CONCLUSIONS OF LAW:

10. The Proposed Conclusions of Law contained in the First Count of this Complaint are repeated and incorporated herein.

11. Respondent was required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, to file a
certified Form R-1 as an 11-day report on April 27, 2018, reporting all contributions received and
expenditures made from April 7, 2018 through April 24, 2018.

12. Respondent violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2 by failing to file an 11-day
report on April 27, 2018.

13. Respondent is subject to imposition by the Commission of the penalties prescribed by N.J.S.A.

19:44A-22 and N.J.A.C. 19:25-17.1 et seq., which penalties may not be more than $8,600.00 for each reporting transaction that is not reported in the manner or not filed on the date established for reporting by the Campaign Act or Commission Regulations.

THIRD COUNT
PROPOSED FINDINGS OF FACT:

14. The Proposed Findings of Fact contained in the First and Second Counts of this Complaint are repeated and incorporated herein.

15. Respondent has not filed a certified 20-day postelection report (20-day report) for the election and has not certified that there is no remaining balance in any depository opened or maintained in the election, that there are no remaining outstanding obligations and that the candidate committee has been dissolved.

16. Respondent has not filed certified Forms R-1 as quarterly reports or a final report for the
election.

PROPOSED CONCLUSIONS OF LAW:

17. The Proposed Conclusions of Law contained in the First and Second Counts of this Complaint
are repeated and incorporated herein.

18. Respondent was required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, to file a
certified Form R-1 as a 20-day report on May 29, 2018, reporting all contributions received and
expenditures made from April 25, 2018 through May 25, 2018.

19. Respondent was required, pursuant to N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.1, 19:25-8.3 and
19:25-8.7, to certify on the 20-day report that there is no remaining balance in any depository opened or maintained in the election, that there are no remaining outstanding obligations, and that the candidate committee has been dissolved, or to continue to file quarterly reports until a final report is filed.

20. Respondent violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2 by failing to file a 20-day
report on May 29, 2018.

21. If Respondent’s 20-day report is not the final report for the election, Respondent violated
N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.1, 19:25-8.3 and 19:25-8.7 by failing to file postelection quarterly reports and by failing to file a final report for the election.

22. Respondent is subject to imposition by the Commission of the penalties prescribed by N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., which penalties may not be more than $8,600.00 for each reporting transaction that is not reported in the manner or not filed on the date established for reporting by the Campaign Act or Commission Regulations.

OPPORTUNITY FOR HEARING:

Pursuant to N.J.A.C. 19:25-17.1, Respondent shall have the opportunity for a hearing pursuant to
the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. Respondent may appear personally or by attorney. However, failure of the Respondent to file with the Commission a written answer within twenty (20) days after service of the Complaint shall constitute a default pursuant to N.J.A.C. 19:25-17.1A and thereupon the Commission may enter a Final Decision, including imposition of a monetary penalty.

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