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Office of the Election Supervisor for the International Brotherhood of Teamsters

ELECTION APPEALS MASTER
IN RE:
HOFFA 2006, Protestor.
06 Elec. App. 055 (KC)

This matter is an appeal from the Election Supervisor's decision 2006 ESD 313 issued June 28, 2006.

A hearing was held before me on July 5, 2006. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq. and Steven Newmark on behalf of the Election Supervisor and David Hoffa, Esq. on behalf of Hoffa 2006.

The Election Supervisor has found that Don DiLeo, nominated for Eastern Region Vice President at the recent IBT Convention at Las Vegas, Nevada, twice violated filing requirements under Article XI of the Election Rules, in that he failed to file a CCER report of contributions received and expenditures made in support of his candidacy on February 15, 12006 and June 15, 2006.

The Election Supervisor imposed no penalty, and during the Hearing expressed a surprising indifference to the violations he found. This outcome sends the unfortunate message that the CCER filings requirement of the Rules is nominal, trivial and not especially material to the integrity of the election process. Accordingly, the decision must be reversed and vacated.

The matter is remanded for imposition of an appropriate penalty.

SO ORDERED:
__/s/_____________________
Kenneth Conboy
Election Appeals Master
Dated: July 11, 2006