Maryland Reporter

CIVIL CLAIM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

1. Parties to this complaint

Cindy Walsh vs Maryland Reporter.com

Cindy Walsh
2522 N Calvert Street                                   Civil Action # __________________
Baltimore, Maryland 21218

Plaintiff

                   VS.

Maryland Reporter.com

Len Lazarick
6392 Shadowshape Place
Columbia, MD 21045

Defendant

2. Jurisdiction

Cindy Walsh for Governor of Maryland is filing in United States District Court for Maryland in Baltimore because plaintiff is a resident of Baltimore and the election irregularities identified in the Federal Court case include businesses located and operating in Maryland. The plaintiff claims that Maryland Reporter failed to abide by election law. Violations include IRS laws protecting elections.

U.S. Code › Title 28 › Part IV › Chapter 85 › § 1343 28 U.S. Code § 1343 - Civil rights and elective franchise

(a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42; (2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent; (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; (4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.

3. Statement of Facts and Claims

1.501(c)(3)–1; Section 1.501(c)(3)-1(c)(3)(i); Section 1.501(c)(3)-1(c)(3)(iii);Rev. Rul. 86-95, 1986-2 C.B. 73; 18 U.S. Code § 1001 (a) (2) (3)

Cindy Walsh claims that Maryland Reporter willfully, deliberately, and with malice excluded her campaign from media coverage during the Maryland Governor's Primary. The plaintiff contacted and requested campaign access on several occasions during the primary and was told media had no obligation to cover all candidates in an election race and was told Cindy Walsh was not a viable candidate. Media does not determine which candidate and platform are viable, the voters do when they go to the polls. As a 501c3 media outlet Maryland Reporter is required to participate in elections in a way that does not damage a candidate's campaign and to give access to all candidates in a race. Cindy Walsh claims that Maryland Reporter violated False Statements laws by altering a government document-----The Maryland Board of Elections Governor's Race List of candidates and in so doing defamed the plaintiff by denying her status as a viable candidate.

Violations of the election law requiring 501c3 organizations to invite all candidates to debates or forums as the only way to eliminate bias or showing opposition to another candidate.

What Does "Participating in a Political Campaign" Mean?
Organizations with 501(c)(3) status cannot participate in political campaigns.

What is a political campaign? In general, the IRS rule refers to campaigns between people who are running for offices in public elections. These can include: candidates running for president of the U.S.; candidates running for governor; candidates running for mayor; and also candidates for lower elected offices such as school board officials, city supervisors, and county trustees.

What is "participating?" Your organization cannot participate in a campaign, directly or indirectly, on behalf of or in opposition to a candidate. If your organization takes a stand in any campaign, supporting or opposing one or another candidate, this violates the prohibition.

LAW Section 501(c)(3) provides for the exemption from federal income tax of organizations organized and operated exclusively for charitable or educational purposes, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation (except as otherwise provided in section 501(h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

Section 1.501(c)(3)-1(c)(3)(i) of the Income Tax Regulations states that an organization is not operated exclusively for one or more exempt purposes if it is an “action” organization.

Section 1.501(c)(3)-1(c)(3)(iii) of the regulations defines an “action” organization as an organization that participates or intervenes, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office. The term “candidate for public office” is defined as an individual who offers himself, or is proposed by others, as a contestant for an elective public office, whether such office be national, State, or local. The regulations further provide that activities that constitute participation or intervention in a political campaign on behalf of or in opposition to a candidate include, but are not limited to, the publication or distribution of written statements or the making of oral statements on behalf of or in opposition to such a candidate.

Whether an organization is participating or intervening, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office depends upon all of the facts and circumstances of each case. For example, certain “voter education” activities, including preparation and distribution of certain voter guides, conducted in a non-partisan manner may not constitute prohibited political activities under section 501(c)(3) of the Code. Other so-called “voter education” activities may be proscribed by the statute. Rev. Rul. 78-248, 1978-1 C.B. 154, contrasts several situations illustrating when an organization that publishes a compilation of candidate positions or voting records has or has not engaged in prohibited political activities based on whether the questionnaire used to solicit candidate positions or the voters guide itself shows a bias or preference in content or structure with respect to the views of a particular candidate. See also Rev. Rul. 80-282, 1980-2 C.B. 178, amplifying Rev. Rul. 78-248 regarding the timing and distribution of voter education materials.

The presentation of public forums or debates is a recognized method of educating the public. See Rev. Rul. 66-256, 1966-2 C.B. 210 (nonprofit organization formed to conduct public forums at which lectures and debates on social, political, and international matters are presented qualifies for exemption from federal income tax under section 501(c)(3)). Providing a forum for candidates is not, in and of itself, prohibited political activity. See Rev. Rul. 74-574, 1974-2 C.B. 160 (organization operating a broadcast station is not participating in political campaigns on behalf of public candidates by providing reasonable amounts of air time equally available to all legally qualified candidates for election to public office in compliance with the reasonable access provisions of the Communications Act of 1934). However, a forum for candidates could be operated in a manner that would show a bias or preference for or against a particular candidate. This could be done, for example, through biased questioning procedures. On the other hand, a forum held for the purpose of educating and informing the voters, which provides fair and impartial treatment of candidates, and which does not promote or advance one candidate over another, would not constitute participation or intervention in any political campaign on behalf of or in opposition to any candidate for public office. See Rev. Rul. 86-95, 1986-2 C.B. 73 (organization that proposes to educate voters by conducting a series of public forums in congressional districts during congressional election campaigns is not participating in a political campaign on behalf of any candidate due to the neutral form and content of its proposed forums).

1.501(c)(3)–1; Section 1.501(c)(3)-1(c)(3)(i); Section 1.501(c)(3)-1(c)(3)(iii);Rev. Rul. 86-95, 1986-2 C.B. 73

Election Year Activities and the Prohibition on Political Campaign Intervention for Section 501(c)(3) Organizations
FS-2006-17, February 2006

The Internal Revenue Service (IRS) is releasing this fact sheet to provide information to help section 501(c)(3) organizations stay in compliance with the federal tax law. Many of the types of political intervention activities addressed in the fact sheet were those that came under scrutiny during the 2004 election cycle. The contents reflect the IRS interpretation of tax laws enacted by Congress, Treasury regulations, and court decisions. The information is not comprehensive, however, and does not cover every situation. Thus, it is not intended to replace the law or be the sole source of information. The resolution of any particular issue may depend on the specific facts and circumstances of a given taxpayer.

With the 2006 campaign season approaching, the IRS is launching enhanced education and enforcement efforts, based on the findings and analysis of the 2004 election cycle. The IRS is providing this fact sheet to help ensure that charities have enough advance notice of the types of problems that have occurred, the legal strictures against engaging in political activities and how to avoid these problems.

The IRS considers this fact sheet a living document, one that will be revised to take into account future developments and feedback. This fact sheet is the beginning of the IRS effort to increase the educational material available to the community. The IRS encourages comments which may be submitted to the IRS at the following addresses:

Internal Revenue Service
1111 Constitution Avenue, NW
Washington, DC 20224
Attn: SE:T:EO:CEO
-or-
tege.eo.ceo@irs.gov

Web Sites

The Internet has become a widely used communications tool. Section 501(c)(3) organizations use their own web sites to disseminate statements and information. They also routinely link their web sites to web sites maintained by other organizations as a way of providing additional information that the organizations believe is useful or relevant to the public.

A web site is a form of communication. If an organization posts something on its web site that favors or opposes a candidate for public office, the organization will be treated the same as if it distributed printed material, oral statements or broadcasts that favored or opposed a candidate.

An organization has control over whether it establishes a link to another site. When an organization establishes a link to another web site, the organization is responsible for the consequences of establishing and maintaining that link, even if the organization does not have control over the content of the linked site. Because the linked content may change over time, an organization may reduce the risk of political campaign intervention by monitoring the linked content and adjusting the links accordingly.

Links to candidate-related material, by themselves, do not necessarily constitute political campaign intervention. The IRS will take all the facts and circumstances into account when assessing whether a link produces that result. The facts and circumstances to be considered include, but are not limited to, the context for the link on the organization’s web site, whether all candidates are represented, any exempt purpose served by offering the link, and the directness of the links between the organization’s web site and the web page that contains material favoring or opposing a candidate for public office.

Example 19: M, a section 501(c)(3) organization, maintains a web site and posts an unbiased, nonpartisan voter guide that is prepared consistent with the principles discussed in the voter guide section above. For each candidate covered in the voter guide, M includes a link to that candidate’s official campaign web site. The links to the candidate web sites are presented on a consistent neutral basis for each candidate, with text saying “For more information on Candidate X, you may consult [URL].”   M has not intervened in a political campaign because the links are provided for the exempt purpose of educating voters and are presented in a neutral, unbiased manner that includes all candidates for a particular office.

18 U.S. Code § 1001 (a) (2) (3) False statements of fact

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title, imprisoned not more than 5 years

·         Defamation per se

Me

To Len Lazarick

Apr 27

Len,

Campaign success is not judged by money no matter how many times the media tries to make it such. I have plenty of support for the campaign without media......probably more than the less than 10% of Gansler and Mizeur. This election will break old alliances because the citizens of Maryland have had enough. You have no right as public media to define what basis a campaign is designated successful. That is called bias. Your job in elections is to present the platforms and allow the public to decide what they want.

Read the news Len.....people do not want money in politics whether democrat or republican so basing your coverage on a candidates money represents a total disconnect to what elections are about. If you do not think you are advocating or endorsing when you write about the same 3 democrats over and again....if you think you are not harming the other candidates races....DO NO HARM SAYS THE LAW....you do not understand what free and fair elections and staying out of politics is about. You either give time to all or stay out of the election news!

My comments are more towards public media radio and TV than your site.....but one doesn't have to be a rocket scientist to know if your platform gets exposure you get name recognition and support. Months of repeated and extensive media exposure shows people do not want the candidates Maryland media are selling.   My non-profit already gives me a network across Maryland. Check my website at Citizens Oversight Maryland.com

Cindy Walsh

Me

To Len@MarylandReporter.com

Mar 17

Cindy Walsh
2522 N Calvert St
Baltimore, Md 21218
cwals99@yahoo.com

Hello everyone,

I will be informal in presenting information and I can simply ask that you look at my postings for issue stances in almost every policy area. You can see I am the most open of candidates and do not follow the party line of pushing only a few issues

Len, as you can see you declared my campaign as marginal for 3 months and then, when I announced the decision to take this to court on May 18----you started to respond and this was only because of my announcement. Now, when you allow a candidate to be censured for the entire primary only to offer up a spot because you were threatened with a lawsuit-----you have deliberately damaged my campaign. This list does not include my comments to you from your Maryland Reporter page. You need to look at the law------and I contend that you came back on May 18 trying to interview me because you did know you were in the wrong!    Cindy


I am ready for an interview with the Maryland Reporter says Cindy Walsh for Governor of Maryland!
Me
To Len@MarylandReporter.com
Mar 17
Cindy Walsh
2522 N Calvert St
Baltimore, Md 21218
cwals99@yahoo.com                                                                                           ****************************************************************************                                                                                                                                                                                                                                                                      Me
To len@marylandreporter.com
Apr 24
Len,

You have offered no platform for my campaign and then you offer no comment to the recent article on poll data. I look forward to speaking with you about Cindy Walsh for Governor of Maryland campaign.....

My comment to your polling data article:                                                                                                                        *************************************************************************                                                                                                                                                                                                                                                                        On Sunday, April 27, 2014 3:38 PM, Len Lazarick <Len@MarylandReporter.com> wrote:
Cindy,

You repeatedly and inaccurately claim nonprofit news organizations are somehow obligated to cover your campaign. Wrong. 501(c)(3)s are not permitted to endorse or advocate for candidates or legislation. We do not. We are under no obligation to cover you just because you paid $250 to get on the ballot with no indication of other support.

Len, as you can see you declared my campaign as marginal for 3 months and then, when I announced the decision to take this to court on May 18----you started to respond and this was only because of my announcement. Now, when you allow a candidate to be censured for the entire primary only to offer up a spot because you were threatened with a lawsuit-----you have deliberately damaged my campaign. This list does not include my comments to you from your Maryland Reporter page. You need to look at the law------and I contend that you came back on May 18 trying to interview me because you did know you were in the wrong!    Cindy

                                                                                                                                                                                                                                                                                   Cindy Walsh for Governor of Maryland is filing election complaints with election commissions and heading to Federal District Court (2)
Me
May 18
To newsroom@wjz.comnewstips@wbaltv.comhooper@wmar.combienstock@wypr.org
Suzanne.Huettner@TheDailyRecord.comsteinershow@gmail.compearlstein@washpost.com
Len@MarylandReporter.comfwachter@mpt.orgfoxnewstips@foxnews.comtrif.alatzas@baltsun.com                                                                                                                                                                                                                                                                                   ********************************************************************
Len Lazarick

Please send me your phone number so I can interview you, or call me. Len Lazarick Editor and Publisher MarylandReporter.com 6392 Shadowshape Place Columbia, MD 21045 410-312-9840 Cell 410-499-5893 Sta
May 18

Published on May 30th, 2014 | by Len Lazarick

TV, radio debates kick off final three weeks of primary campaign Three televised debates next week for the gubernatorial candidates of both major parties along with a radio debate kick off the final three weeks of the primary election campaign. Voters are paying more attention to a June 24 primary that is taking many by surprise, and the volume of advertising is set to ratchet up, with mailers filling mailboxes. Please send us photos of or links to any ads or mailers you think newsworthy.

MarylandReporter.com would like to publish your impressions of the debates this week. Send us information about others for other offices we don’t have listed here.

Please send us your comments right after the three upcoming debates on Maryland Public Television (MPT). Send your reactions, commentary and impressions to Len@MarylandReporter.com by Sunday at 8 p.m. for Sunday’s Republican debate.

Saturday, May 31 (live at Salisbury University; broadcast on WMDT, Ch. 47ABC, Salisbury)

MPT airtime: Sunday, June 1, 2:30 p.m., MPT-HD

Republican Gubernatorial Candidates (Ron George, Larry Hogan, Charles Lollar, David Craig)

Moderator: Ernie Colburn, Chief Executive Officer, Salisbury Area Chamber of Commerce

Monday, June 2, 2014, 7 p.m., MPT, and WBAL TV

Democratic Gubernatorial Candidates (Anthony Brown, Doug Gansler, Heather Mizeur)

A Maryland Public Television production in association with WBAL-TV

Moderator: Jeff Salkin, MPT

MPT airtime: debate airs live on MPT-HD at 7 p.m. (studio audience provided by League of Women Voters, a co-sponsor of this debate); also airs on WBAL TV

Send your reactions and comments to Len@MarylandReporter.com by 11 p.m. Monday night.

Wednesday, June 4, 7 p.m., WBAL TV

Republicans for governor debate; taped on Monday, broadcast on MPT Friday at 7 p.m.

Not broadcast: Republican candidates for Anne Arundel County executive (Laura Neuman vs. Steve Schuh)

Host: Council of Anne Arundel County Chambers of Commerce

Moderator: Dan Nataf, director for the Center for the Study of Local Issues at Anne Arundel Community College.

Severna Park High School,

Send your reactions and comments to Len@MarylandReporter.com by 11 p.m. Wednesday night.

Thursday, June 5, 8 a.m.-9:30 a.m.

Democratic Gubernatorial Candidates (Anthony Brown, Doug Gansler, Heather Mizeur)

Broadcast live on WOLB 1010 AM and live on http://www.wolbbaltimore.com In addition, the debate will be simulcast on gospel station WWIN-AM Spirit 1400 and Washington D.C. talk station WOL 1450 AM.

Moderator: Larry Young

Send your comments to Len@MarylandReporter.com by 5 p.m. Thursday.

Friday, June 6, 7 p.m., MPT

Republican Gubernatorial Candidates (Ron George, Larry Hogan, Charles Lollar, David Craig)

Taping: 2 p.m. Monday (studio audience provided by League of Women Voters, a co-sponsor of this debate)

A a co-production of Maryland Public Television and WBAL-TV

Moderator: Jason Newton, WBAL-TV

Send your comments to Len@MarylandReporter.com by Sunday, June 8, at 4 p.m.

- See more at: http://marylandreporter.com/2014/05/30/tv-radio-debates-kick-off-final-three-weeks-of-primary-campaign/#sthash.nfCSN3gF.dpuf