NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION P.O.

BOX 185 Trenton, New Jersey 08625-0185

NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION Complainant v. ELIZABETH MASON, Candidate for Municipal Office, City of Hoboken, Hudson County and RICHARD MASON, Campaign Treasurer, Respondents

COMPLAINT AND NOTICE OF OPPORTUNITY FOR A HEARING FOR LATE FILING OF REPORTS AND LATE FILING OF CONTRIBUTION AND EXPENDITURE INFORMATION IN THE 2011 MUNICIPAL ELECTION C-9 0905 14 04 M2011

PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission (hereafter, the Commission) hereby files a complaint against Elizabeth Mason (hereafter, the Respondent Candidate), and Richard Mason (hereafter, the Respondent Treasurer), and offers the Respondent Candidate and the Respondent Treasurer an opportunity for a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., to determine whether or not the Respondent Candidate and the Respondent Treasurer had the responsibility under the terms of "The New Jersey Campaign Contributions and Expenditures Reporting Act," N.J.S.A. 19:44A-1, et seq. (hereafter, the Act) for the filing of campaign reports or information required to be filed pursuant to the Act, and to determine whether or not the Respondent Candidate and the Respondent Treasurer failed, neglected or omitted to file any such report or information at the time and in the manner prescribed by law, or in any other way violated the provisions of the Act, and are therefore subject to penalties provided by the Act. The hearing will be conducted under the legal authority and jurisdiction conferred upon the Commission to impose penalties for violations of the Act, specifically Sections 6(b) and 22. The Commission by way of Complaint alleges:

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 2 FIRST COUNT PROPOSED FINDINGS OF FACT: 1. Elizabeth Mason sought election to municipal office in the City of Hoboken, Hudson County, in the 2011 municipal election held on May 10, 2011. Hereafter in this Complaint, Elizabeth Mason shall be referred to as the Respondent Candidate. 2. The Respondent Candidate formed a single candidate committee for the purpose of receiving contributions and making expenditures to support her candidacy in the 2011 municipal election. 3. The Respondent Candidate designated her single candidate committee as Friends of Beth Mason for City Council on a Single Candidate Committee Certificate of Organization and Designation of Campaign Treasurer and Depository (Form D-1) filed with the Commission on April 14, 2011. 4. The Respondent Candidate designated on the Form D-1, described in paragraph three above, Richard Mason as her campaign treasurer relevant to the 2011 municipal election. The Respondent Candidate and the Respondent Treasurer Richard Mason certified the Form D-1. 5. Richard Mason was a person who acted in the capacity of campaign treasurer for the Respondent Candidate in the 2011 municipal election. In his capacity as campaign treasurer, Respondent Treasurer Richard Mason undertook activity including the certification of campaign reports filed by the Respondent Candidate in the 2011 municipal election. Hereafter in this Complaint, Richard Mason shall be referred to as the Respondent Treasurer. 6. The Respondent Candidate and the Respondent Treasurer received and deposited contributions into and made expenditures from a campaign depository account established and maintained for the 2011 municipal election at Wells Fargo, N.A. in Hoboken, NJ (hereafter, the 2011 municipal election campaign depository account). 7. The Respondent Candidate and the Respondent Treasurer certified as correct and filed with the Commission on June 24, 2011, a Report of Contributions and Expenditures (Form R-1) as a 20-day post election report for the 2011 municipal election (hereafter, 20-day post election report), reporting outstanding obligations and a balance in the 2011 municipal election campaign depository account. 8. The Respondent Candidate and the Respondent Treasurer also filed with the Commission on July 21, 2011, a Report of Contributions and Expenditures (Form R-1) as an amended 20-day post election report for the 2011 municipal election, and on July 11, 2012, a

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 3 Report of Contributions and Expenditures (Form R-1) as a second amended 20-day post election report for the 2011 municipal election, which reported outstanding obligations and a balance in the 2011 municipal election campaign depository account. 9. The Respondent Candidate and the Respondent Treasurer certified as correct and filed with the Commission on July 19, 2012, a Report of Contributions and Expenditures (Form R-1) as a 2011 third quarter report for the 2011 municipal election (hereafter, 2011 third quarter report), to report financial activity for the first time, for the 2011 municipal election for the time period from May 28, 2011 through September 30, 2011 (hereafter, the 2011 third quarter report period). The Respondent Candidate and the Respondent Treasurer reported on July 19, 2012, receipts totaling $31,800.00 and expenditures totaling $35,407.50 relevant to the 2011 third quarter report period for the 2011 municipal election. 10. The Respondent Candidate and the Respondent Treasurer reported on July 19, 2012 on the 2011 third quarter report on Schedule B (In-Kind Contributions in Excess of $300) contribution information for seven contributions of goods or services (hereafter, in-kind contributions), totaling $15,800.00, received in amounts greater than $300.00 in the aggregate in the 2011 municipal election as of September 30, 2011, and relevant to the 2011 third quarter report period. 11. The Respondent Candidate and the Respondent Treasurer reported on July 19, 2012 on the 2011 third quarter report on Schedule C (Loans Received in Excess of $300 and All Currency Loans) contribution information to report receipt of two loans received in the amounts of $7,000.00 and $9,000.00, as contributions totaling $16,000.00, reported as received from Elizabeth Mason. 12. The Respondent Candidate and the Respondent Treasurer deposited, or caused to be deposited, into the 2011 municipal election campaign depository, two deposits in the amounts described in paragraph eleven above, an amount of $7,000.00 by check drawn on the account of Elizabeth Mason and an amount of $9,000.00 by check drawn on the account of Richard and Elizabeth Mason, in the 2011 third quarter report period for the 2011 municipal election. PROPOSED CONCLUSIONS OF LAW: 1. The Respondent Elizabeth Mason was a candidate, as the term candidate is defined at N.J.S.A. 19:44A-3c, for municipal office in the City of Hoboken in the 2011 municipal election held on May 10, 2011, and therefore was subject to the reporting

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 4 requirements of the Act, N.J.S.A. 19:44A-1 to 47 and Commission Regulations, N.J.A.C. 19:251 to 21. 2. The Respondent Richard Mason was the Respondent Candidates campaign treasurer in the 2011 municipal election and was therefore subject to the requirements of the Act and Commission Regulations. 3. The Respondent Candidate and the Respondent Treasurer were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.1, N.J.A.C. 19:25-8.3, N.J.A.C. 19:25-10.2, and N.J.A.C. 19:25-10.4 to certify as correct and file with the Commission on October 17, 2011, a full cumulative Report of Contributions and Expenditures (Form R-1) as a 2011 third quarter report for the 2011 municipal election, to report all contributions received and all expenditures made during the time period from May 28, 2011 through September 30, 2011, that is the 2011 third quarter report period for the 2011 municipal election. 4. The Respondent Candidate and the Respondent Treasurer were required pursuant to N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.3, N.J.A.C. 19:25-10.2, N.J.A.C. 19:25-10.4, and N.J.A.C. 19:25-10.15 to report on October 17, 2011, on the 2011 third quarter report for the 2011 municipal election, all contributions received, including all moneys, loans, paid personal services, or other things of value, including contributions of goods and services (in-kind contributions), contributed to the Respondent Candidate during the time period from May 28, 2011 through September 30, 2011. For each contribution received that was in excess of $300.00, either alone or when aggregated with prior contributions received in the 2011 municipal election, through September 30, 2011, and for all contributions received in currency, the Respondent Candidate and Respondent Treasurer were required to report the name and address of the contributor, the date of receipt of the contribution, and the contribution amount, and to report for each contribution received from an individual that was in excess of $300.00 in the aggregate, the occupation of said contributor and the name and address of said contributors employer. 5. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:26-8.3, N.J.A.C. 19:25-10.2, and N.J.A.C. 19:25-10.4 by failing to certify as correct and file with the Commission on October 17, 2011, a 2011 third quarter report (Form R-1) for the 2011 municipal election, and to report contribution information relevant to the receipt of seven in-kind contributions, totaling $15,800.00, as described in paragraph ten of the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 5 reported contribution information for the seven in-kind contributions totaling $15,800.00, on July 19, 2012, after the October 17, 2011 due date and 276 days late. 6. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:26-8.3, N.J.A.C. 19:25-10.2, and N.J.A.C. 19:25-10.4 by failing to certify as correct and file with the Commission on October 17, 2011, a 2011 third quarter report (Form R-1) for the 2011 municipal election, and to report contribution information relevant to the receipt of contributions including all contributions received as loans, as described in paragraphs eleven and twelve of the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer reported contribution information for two contributions received in the amounts of $7,000.00 and $9,000.00 as loans, totaling $16,000.00, on July 19, 2012, after the October 17, 2011 due date and 276 days late. 7. The Respondent Candidate and the Respondent Treasurer are each 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 $6,800.00 for each reporting transaction, that is, for each contribution received which has not been reported in the manner or in the time established for reporting by the Campaign Reporting Act or Commission Regulations. SECOND COUNT PROPOSED FINDINGS OF FACT: 1. The Proposed Findings of Fact contained in the First Count of this Complaint are repeated and incorporated herein as if set forth in full below. 2. The Respondent Candidate and the Respondent Treasurer reported for the first time on July 19, 2012, on the 2011 third quarter report described in paragraph nine of the Proposed Findings of Fact in the First Count above on Schedule 1 (D) Disbursements, Campaign Expenses, expenditure information relevant to the making of four expenditures totaling $19,107.50, during the 2011 third quarter report period for the 2011 municipal election. 3. The Respondent Candidate and the Respondent Treasurer reported for the first time on July 19, 2012 on the 2011 third quarter report on Schedule 3 (D) Disbursements, Contributions made to other Candidates/Committees, expenditure information relevant to the making of one expenditure in the amount of $500.00, during the 2011 third quarter report period for the 2011 municipal election.

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 6 4. Upon information and belief, the Respondent Candidate and the Respondent Treasurer made, incurred, or authorized the five expenditures totaling $19,607.50, described in paragraphs two and three above during the 2011 third quarter report period for the 2011 municipal election. 5. The Respondent Candidate and the Respondent Treasurer reported for the first time on July 19, 2012 on the 2011 third quarter report on Table II, Expenditures, Line 6 (In-kind Contributions in Excess of $300), an amount of expenditures totaling $15,800.00, relevant to the receipt of seven in-kind contributions totaling $15,800.00, as described in paragraph ten of the Proposed Findings of Fact in Count One above. PROPOSED CONCLUSIONS OF LAW: 1. The Proposed Conclusions of Law contained in the First Count of this Complaint is repeated and incorporated herein as if set forth in full below. 2. The Respondent Candidate and the Respondent Treasurer were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3 and N.J.A.C. 19:25-12.2 to certify as correct and report on October 17, 2011, on the 2011 third quarter report for the 2011 municipal election, expenditure information, including the date the expenditure was made, the full name and address of the payee, the purpose of the expenditure, the amount of the expenditure, and the number of the check for each expenditure transaction made during the time period beginning with the first expenditure made, incurred or authorized in the 2011 municipal election from May 28, 2011 through September 30, 2011, that is, the 2011 municipal election third quarter report period. 3. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19: 25-8.3 and N.J.A.C. 19:25-12.2 by failing to certify as correct and file with the Commission on October 17, 2011, a 2011 third quarter report (Form R-1) for the 2011 municipal election, and to report expenditure information relevant to the making of five expenditures, totaling $19,607.50, in the 2011 municipal election third quarter report period, as described in paragraphs two and three in the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer reported expenditure information for the five expenditures, totaling $19,607.50, on July 19, 2012, after the October 17, 2011 due date and 276 days late. 4. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19: 25-8.3 and N.J.A.C. 19:25-12.2 by failing to certify as correct and file with the Commission on October 17, 2011, a 2011 third quarter report (Form R-1), and to report expenditure information relevant to the receipt of seven in-kind contributions totaling $15,800.00

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 7 in the 2011 municipal election third quarter report period, as described in paragraph five in the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer reported an amount of $15,800.00, on July 19, 2012, after the October 17, 2011 due date and 276 days late. 5. The Respondent Candidate and the Respondent Treasurer are each 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 $6,800.00 for each reporting transaction, that is, for each expenditure that is not reported in the manner or not filed on the date established for reporting by the Campaign Reporting Act or Commission Regulations. THIRD COUNT PROPOSED FINDINGS OF FACT: 1. The Proposed Findings of Fact contained in the First and Second Counts of this Complaint are repeated and incorporated herein as if set forth in full below. 2. The Respondent Candidate and the Respondent Treasurer certified as correct and filed with the Commission on July 19, 2012, a Report of Contributions and Expenditures (Form R-1) as a 2011 fourth quarter report for the 2011 municipal election (hereafter, 2011 fourth quarter report), to report financial activity for the first time, for the 2011 municipal election for the time period from October 1, 2011 through December 31, 2011 (hereafter, the 2011 fourth quarter report period). The Respondent Candidate and the Respondent Treasurer reported on July 19, 2012, receipts totaling $47,002.85 and expenditures totaling $53,012.85 relevant to the 2011 fourth quarter report period for the 2011 municipal election. 3. The Respondent Candidate and the Respondent Treasurer reported on July 19, 2012 on the 2011 fourth quarter report on Schedule B (In-Kind Contributions in Excess of $300) contribution information for nine in-kind contributions, totaling $47,002.85, received in amounts greater than $300.00 in the aggregate in the 2011 municipal election as of December 31, 2011, and relevant to the 2011 fourth quarter report period. PROPOSED CONCLUSIONS OF LAW: 1. The Proposed Conclusions of Law contained in the First and Second Counts of this Complaint are repeated and incorporated herein as if set forth in full below.

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 8 2. The Respondent Candidate and the Respondent Treasurer were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.1, N.J.A.C. 19:25-8.3, N.J.A.C. 19:25-10.2, and N.J.A.C. 19:25-10.4 to certify as correct and file with the Commission on January 17, 2012, a Report of Contributions and Expenditures (Form R-1) as a 2011 fourth quarter report for the 2011 municipal election, to report all contributions received and all expenditures made during the time period from October 1, 2011 through December 31, 2011, that is the 2011 fourth quarter report period for the 2011 municipal election. 3. The Respondent Candidate and the Respondent Treasurer were required pursuant to N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.3, N.J.A.C. 19:25-10.2, N.J.A.C. 19:25-10.4, and N.J.A.C. 19:25-10.15 to report on January 17, 2012, on the 2011 fourth quarter report for the 2011 municipal election, all contributions received, including all moneys, loans, paid personal services, or other things of value, including contributions of goods and services (in-kind contributions), contributed to the Respondent Candidate during the time period from October 1, 2011 through December 31, 2011. For each contribution received that was in excess of $300.00, either alone or when aggregated with prior contributions received in the 2011 municipal election, through December 31, 2011, and for all contributions received in currency, the Respondent Candidate and Respondent Treasurer were required to report the name and address of the contributor, the date of receipt of the contribution, and the contribution amount, and to report for each contribution received from an individual that was in excess of $300.00 in the aggregate, the occupation of said contributor and the name and address of said contributors employer. 4. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:26-8.3, N.J.A.C. 19:25-10.2, and N.J.A.C. 19:25-10.4 by failing to certify as correct and file with the Commission on January 17, 2012, a 2011 fourth quarter report (Form R-1) for the 2011 municipal election, and to report contribution information relevant to the receipt of nine in-kind contributions, totaling $47,002.85, as described in paragraph three of the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer reported contribution information for the nine in-kind contributions totaling $47,002.85, on July 19, 2012, after the January 17, 2012 due date and 184 days late. 5. The Respondent Candidate and the Respondent Treasurer are each 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 $6,800.00 for each reporting transaction, that is, for

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 9 each contribution received which has not been reported in the manner or in the time established for reporting by the Campaign Reporting Act or Commission Regulations. FOURTH COUNT PROPOSED FINDINGS OF FACT: 1. The Proposed Findings of Fact contained in the First through Third Counts of this Complaint are repeated and incorporated herein as if set forth in full below. 2. The Respondent Candidate and the Respondent Treasurer reported on July 19, 2012, on the 2011 fourth quarter report described in paragraph two of the Proposed Findings of Fact in the Third Count above on Schedule 1 (D) Disbursements, Campaign Expenses, expenditure information relevant to the making of one expenditure in the amount of $210.00, during the 2011 fourth quarter report period for the 2011 municipal election. 3. The Respondent Candidate and the Respondent Treasurer reported on July 19, 2012, on the 2011 fourth quarter report on Schedule 2 (D) Disbursements, Other, expenditure information relevant to the making of one expenditure in the amount of $800.00, during the 2011 fourth quarter report period for the 2011 municipal election. 4. The Respondent Candidate and the Respondent Treasurer reported on July 19, 2012 on the 2011 fourth quarter report on Schedule 3 (D) Disbursements, Contributions made to other Candidates/Committees, expenditure information relevant to the making of one expenditure in the amount of $5,000.00, during the 2011 fourth quarter report period for the 2011 municipal election. 5. Upon information and belief, the Respondent Candidate and the Respondent Treasurer made, incurred, or authorized the three expenditures totaling $6,010.00, described in paragraphs two through four above during the 2011 fourth quarter report period for the 2011 municipal election. 6. The Respondent Candidate and the Respondent Treasurer reported on July 19, 2012 on the 2011 fourth quarter report on Table II, Expenditures, Line 6 (In-kind Contributions in Excess of $300), an amount of expenditures totaling $47,002.85, relevant to the receipt of nine inkind contributions totaling $47,002.85, as described in Paragraph Three of the Proposed Findings of Fact in Count Three above.

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 10 PROPOSED CONCLUSIONS OF LAW: 1. The Proposed Conclusions of Law contained in the First through Third Counts of this Complaint are repeated and incorporated herein as if set forth in full below. 2. The Respondent Candidate and the Respondent Treasurer were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3 and N.J.A.C. 19:25-12.2 to certify as correct and report on January 17, 2012, on the 2011 fourth quarter report for the 2011 municipal election, expenditure information, including the date the expenditure was made, the full name and address of the payee, the purpose of the expenditure, the amount of the expenditure, and the number of the check for each expenditure transaction made during the time period beginning with the first expenditure made, incurred or authorized in the 2011 municipal election from October 1, 2011 through December 31, 2011, which is the 2011 municipal election fourth quarter report period. 3. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19: 25-8.3 and N.J.A.C. 19:25-12.2 by failing to certify as correct and file with the Commission on January 17, 2012, a 2011 fourth quarter report (Form R-1) for the 2011 municipal election, and to report expenditure information relevant to the making of three expenditures, totaling $6,010.00, in the 2011 municipal election fourth quarter report period, as described in paragraphs two through four in the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer reported expenditure information for the three expenditures, totaling $6,010.00, on July 19, 2012, after the January 17, 2012 due date and 184 days late. 4. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19: 25-8.3 and N.J.A.C. 19:25-12.2 by failing to certify as correct and file with the Commission on January 17, 2012, a 2011 fourth quarter report (Form R-1), and to report expenditure information relevant to the receipt of nine in-kind contributions totaling $47,002.85 in the 2011 municipal election fourth quarter report period, as described in paragraph six in the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer reported an amount of $47,002.85, on July 19, 2012, after the January 17, 2012 due date and 184 days late. 5. The Respondent Candidate and the Respondent Treasurer are each 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 $6,800.00 for each reporting transaction, that is, for

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 11 each expenditure that is not reported in the manner or not filed on the date established for reporting by the Campaign Reporting Act or Commission Regulations. FIFTH COUNT PROPOSED FINDINGS OF FACT: 1. The Proposed Findings of Fact contained in the First through Fourth Counts of this Complaint are repeated and incorporated herein as if set forth in full below. 2. The Respondent Candidate and the Respondent Treasurer certified as correct and filed with the Commission on July 23, 2012, a Report of Contributions and Expenditures (Form R-1) as a 2012 first quarter report for the 2011 municipal election (hereafter, 2012 first quarter report), to report financial activity for the first time, for the 2011 municipal election for the time period from January 1, 2012 through March 31, 2012 (hereafter, the 2012 first quarter report period). The Respondent Candidate and the Respondent Treasurer reported on July 23, 2012, receipts totaling $20,890.00 and expenditures totaling $29,197.35 relevant to the 2012 first quarter report period for the 2011 municipal election. 3. The Respondent Candidate and the Respondent Treasurer reported on July 23, 2012 on the 2012 first quarter report on Schedule B (In-Kind Contributions in Excess of $300) contribution information for eight contributions of goods or services (hereafter, in-kind contributions), totaling $18,890.00, received in amounts greater than $300.00 in the aggregate in the 2011 municipal election as of March 31, 2012, made by the Respondent Candidate and the Respondent Treasurer relevant to the 2012 first quarter report period. 4. The Respondent Candidate and the Respondent Treasurer reported on July 23, 2012 on the 2012 first quarter report on Schedule C (Loans Received in Excess of $300 and All Currency Loans) contribution information to report receipt of one loan as a contribution of $2,000.00, reported as received from Elizabeth Mason. 5. The Respondent Candidate and the Respondent Treasurer deposited, or caused to be deposited, into the 2011 municipal election campaign depository, one deposit of $2,000.00, drawn on the account of Richard and Elizabeth Mason, in the 2012 first quarter report period for the 2011 municipal election.

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 12 PROPOSED CONCLUSIONS OF LAW: 1. The Proposed Conclusions of Law contained in the First through Fourth Counts of this Complaint are repeated and incorporated herein as if set forth in full below. 2. The Respondent Candidate and the Respondent Treasurer were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.1, N.J.A.C. 19:25-8.3, N.J.A.C. 19:25-10.2, and N.J.A.C. 19:25-10.4 to certify as correct and file with the Commission on April 16, 2012, a Report of Contributions and Expenditures (Form R-1) as a 2012 first quarter report for the 2011 municipal election, to report all contributions received and all expenditures made during the time period from January 1, 2012 through March 31, 2012, that is the 2012 first quarter report period for the 2011 municipal election. 3. The Respondent Candidate and the Respondent Treasurer were required pursuant to N.J.S.A. 19:44A-16, N.J.A.C. 19:25-8.3, N.J.A.C. 19:25-10.2, N.J.A.C. 19:25-10.4, and N.J.A.C. 19:25-10.15 to report on April 16, 2012, on the 2012 first quarter report for the 2011 municipal election, all contributions received, including all moneys, loans, paid personal services, or other things of value, including contributions of goods and services (in-kind contributions), contributed to the Respondent Candidate during the time period from January 1, 2012 through March 31, 2012. For each contribution received that was in excess of $300.00, either alone or when aggregated with prior contributions received in the 2011 municipal election, through March 31, 2012, and for all contributions received in currency, the Respondent Candidate and Respondent Treasurer were required to report the name and address of the contributor, the date of receipt of the contribution, and the contribution amount, and to report for each contribution received from an individual that was in excess of $300.00 in the aggregate, the occupation of said contributor and the name and address of said contributors employer. 4. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:26-8.3, N.J.A.C. 19:25-10.2, and N.J.A.C. 19:25-10.4 by failing to certify as correct and file with the Commission on April 16, 2012, a 2012 first quarter report (Form R-1) for the 2011 municipal election, and to report contribution information relevant to the receipt of eight in-kind contributions, totaling $18,890.00, as described in paragraph three of the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer reported contribution information for the eight in-kind contributions totaling $18,890.00, on July 23, 2012, after the April 16, 2012 due date and 98 days late.

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 13 5. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:26-8.3, N.J.A.C. 19:25-10.2, and N.J.A.C. 19:25-10.4 by failing to certify as correct and file with the Commission on April 16, 2012, a 2012 first quarter report (Form R-1) for the 2011 municipal election, and to report contribution information relevant to the receipt of contributions including all contributions received as loans, as described in paragraphs four and five of the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer reported contribution information for one contribution received as a loan, totaling $2,000.00, on July 23, 2012, after the April 16, 2012 due date and 98 days late. 6. The Respondent Candidate and the Respondent Treasurer are each 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 $6,800.00 for each reporting transaction, that is, for each contribution received which has not been reported in the manner or in the time established for reporting by the Campaign Reporting Act or Commission Regulations. SIXTH COUNT PROPOSED FINDINGS OF FACT: 1. The Proposed Findings of Fact contained in the First through Fifth Counts of this Complaint are repeated and incorporated herein as if set forth in full below. 2. The Respondent Candidate and the Respondent Treasurer reported on July 23, 2012, on the 2012 first quarter report described in paragraph two of the Proposed Findings of Fact in the Fifth Count above on Schedule 1 (D) Disbursements, Campaign Expenses, expenditure information relevant to the making of five expenditures totaling $3,807.35, during the 2012 first quarter report period for the 2011 municipal election. 3. The Respondent Candidate and the Respondent Treasurer reported on July 23, 2012 on the 2011 first quarter report on Schedule 3 (D) Disbursements, Contributions made to other Candidates/Committees, expenditure information relevant to the making of seven expenditures in the amount of $6,500.00, during the 2012 first quarter report period for the 2011 municipal election. 4. The Respondent Candidate and the Respondent Treasurer reported on July 23, 2012 on the 2012 first quarter report on Table II, Expenditures, Line 6 (In-kind Contributions in Excess of $300), an amount of expenditures totaling $18,890.00, relevant to the receipt of eight in-kind

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 14 contributions totaling $18,890.00, as described in Paragraph Three of the Proposed Findings of Fact in Count Five above. PROPOSED CONCLUSIONS OF LAW: 1. The Proposed Conclusions of Law contained in the First through Fifth Counts of this Complaint are repeated and incorporated herein as if set forth in full below. 2. The Respondent Candidate and the Respondent Treasurer were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3 and N.J.A.C. 19:25-12.2 to certify as correct and report on April 16, 2012, on the 2012 first quarter report for the 2011 municipal election, expenditure information, including the date the expenditure was made, the full name and address of the payee, the purpose of the expenditure, the amount of the expenditure, and the number of the check for each expenditure transaction made during the time period beginning with the first expenditure made, incurred or authorized in the 2011 municipal election from January 1, 2012 through March 31, 2012, that is, the 2011 municipal election 2012 first quarter report period. 3. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19: 25-8.3 and N.J.A.C. 19:25-12.2 by failing to certify as correct and file with the Commission on April 16, 2012, a 2012 first quarter report (Form R-1) for the 2011 municipal election, and to report expenditure information relevant to the making of twelve expenditures, totaling $10,307.35, in the 2011 municipal election 2012 first quarter report period, as described in paragraphs two and three in the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer reported expenditure information for the twelve expenditures, totaling $10,307.35, on July 23, 2012, after the April 16, 2012 due date and 98 days late. 4. The Respondent Candidate and the Respondent Treasurer violated N.J.S.A. 19:44A-16 and N.J.A.C. 19: 25-8.3 and N.J.A.C. 19:25-12.2 by failing to certify as correct and file with the Commission on April 16, 2012, a 2012 first quarter report (Form R-1), and to report expenditure information relevant to the receipt of eight in-kind contributions totaling $18,890.00 in the outstanding 2011 municipal election 2012 first quarter report period, as described in paragraph four in the Proposed Findings of Fact in this Count above. The Respondent Candidate and the Respondent Treasurer reported an amount of $18,890.00, on July 23, 2012, after the April 16, 2012 due date and 98 days late.

ELEC v. Elizabeth Mason and Richard Mason C-9 0905 14 04 M2011 Page 15 5. The Respondent Candidate and the Respondent Treasurer are each 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 $6,800.00 for each reporting transaction, that is, for each expenditure that is not reported in the manner or not filed on the date established for reporting by the Campaign Reporting Act or Commission Regulations. OPPORTUNITY FOR HEARING: Pursuant to N.J.A.C. 19:25-17.1, the Respondents and all parties shall have the opportunity to appear personally or by attorney at a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and to present evidence and argument on all relevant issues. All parties shall have the opportunity to examine and cross-examine witnesses. However, failure of each Respondent to file with the Commission a written answer within twenty (20) days after service of this 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). NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION

DATE: February 26, 2014 Elizabeth Mason, Candidate CERTIFIED MAIL NO. 7009 3410 0001 8443 4947 RETURN RECEIPT REQUESTED Richard Mason, Treasurer CERTIFIED MAIL NO. 7009 3410 0001 8443 4930 RETURN RECEIPT REQUESTED

BY: ________________________ CAROL L. HOEKJE Legal Director