Letter to Esparza re: His campaign literature not being in compliance

THERESA CABALLERO
Attorney at Law
300 E. MAIN ST., Suite 1136
El Paso, TX 79901
915.565.3550
915.562.5250 fax




February 29, 2008


Mr. Jaime Esparza
500 E. San Antonio St.
El Paso, TX, 79901


Re: Esparza campaign literature not in compliance with state law

Dear Mr. Esparza:

Elderly voters are being bussed to the polls and emerging from rented vans (your campaign finance report indicates that you paid over $900 to “get out the Vote” which includes this “service.”) with a professionally printed card, very official looking telling the card holder which candidates to vote for. The card looks like official democratic party literature which it is NOT. However, an elderly person could easily be duped into thinking that it was. Your name appears on the card as a person to vote for.

Last week attorney Marlene Gonzalez asked you about the card and you told her that you had approved of your name being on it and that there was nothing wrong with it. Two days ago you also discussed the card with attorney Lyda Ness Garcia. State law dictates that when you become aware, as the candidate, that campaign literature is being distributed on your behalf, you must immediately make sure that it carries the political advertising disclosure that it is paid for by your campaign. You have known about this card for at least a week and that it carries no such disclosure.

This card which you approved does not carry the required disclosure and you are therefore not in compliance with the law. According to state law once you become aware of the violation you must remedy the matter by either ceasing to distribute the illegal literature or by adding the required disclosure.

As the District Attorney and 16 year incumbent why would you approve and allow literature to be passed out without being in compliance with the law? The law exists to prevent just this kind of chicanery.

Please remedy this matter immediately.

Sincerely,



Theresa Caballero