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Final copy May 15, 2015 for FEC hearing May 18, 2016 Tallaheesse

*****Dr Tolbert appeared in front of Florida Election Commission for the final time on May 18, 2016, he left with no fines or Penalties*****

Mailed May 16, 2015 for FEC hearing May 18, 2016 Tallahassee to:

Florida Election Commission
107 W. Gaines Str, Ste 224
Collins Blg
Tallahassee, Fl. 32399

Office of Inspector General
Florida Department of State
R.A. Gray BLG Room114A
500 S. Bronough St
Tallahassee Fl. 32399

Office of Inspector General
Melinda M. Miguel
Room 1902
The Capital
Tallahassee Fl. 32399

CFABA
Charles Frederick Tolbert EdD
Retired MSGT/Pastor
Ref: case no.: FEC 14-484; Respondent: Charles Frederick Tolbert
P O Box 740025
Orange City Fl 32774
561-398-9025
cfabamerica@gmail.com

To whom it may concern;

Introduction:

Charles Frederick Tolbert EdD
Dr. Educational Leadership
Retired Master Sergeant
Pastor
Citizens for a Better America Inc. CFABA
Christ Found All Creation Saved Inc. CFACS

Our enemies are those that are driven to destroy America’s Constitution. As we stand and praise God for the opportunity to present solutions for a constitutional government, I provide you the following information.

1. Extenuating circumstances see attachment (1)…to be presented at the hearing.

2. Financial income see attachment (2)…to be presented at the hearing.

3. Florida statue 25% of receipts and expenditures

Florida’s own statutes and laws, (you cannot be fined or penalized except for 25% of the total expenditures or receipts).

PENALTY FOR LATE FILING
FLORIDA STATUTES 106.07(8)(b)
For reports required under s. 106.141(7), the fine is $50 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report.

4. FEC
(Appointed by the governor of Florida, Florida Election Commission) Confirmation by Florida senators
Republicans 26
Democrats. 14
NPA. 0

•Over 25% of registered voters in Florida are NPAs or minor party members
•Over 33% of these voters show up at the polls on election day
•Over 60% are under age 50
•Over 25% of voters under 30 register as NPAs
•Over 50% of these voters are in the age group 30 – 49
•Young NPAs are turned off by major parties because of negative campaigns

No representations

5. Violation title 18, 1st and 14th amendment.
Highest number of violations of late filing in 2014 by no party affiliation candidates.
Voters fraud…Fox news had Dr. Tolbert at 14% but he only received 82 votes.

Rubio was allowed to run for president even though he was not a natural citizen. Dr Tolbert filed grievances against the secretary of the state.

6. Secretary of state of Florida investigates only no party affiliated candidates and does not investigate or confirm eligibility of Democrats or Republicans.

Florida violates three constitutional clauses:

A. Open primaries.
B. Convicted felon’s right to vote after they serve their time.
C. Supreme Court cannot make a law and override Florida’s Constitution violation of the first and 14th
amendment.

7. Division Of Election (DOE) has lost certified mail. DOE failed to acknowledge address change as did the
FEC.

8. Submission of political party CFABAPF paperwork August 2015…no response until January 29, 2016 two days prior to his hearing in Tallahassee.

Resubmission of political party constitution in April 2015, turnaround time two weeks with a rejection.

Dr. Tolbert Initially was told to follow the format of other candidates after second summation. The change of statute in 2011 allowed all documentation to be invalid, and according to DOE no political parties have been approved after 2011 or has left the system.

Requested a hearing with the attorney in Tallahassee, was informed a public servant could not sit down with Dr. Tolbert and review the documents.

9. See attachment (3) concerning NPA candidate. For further information go to web link:https://www.cfabamerica.com/final-copy-may-15-2015-for-fec-hearing-may-18-2016-tallaheesse

Articles concerning the Florida Division Of Election and a Florida election commission.

10. Filing requirements for US Senate Florida, per Mr. Miles (Advisor for Federal Election Commission of DC)… so long as total donations are less than $5,000 no financial reports required.

According to DOE, a candidate for Federal office follows FEC and states that financial filing requirements for Florida, other than Form 27 as a write in candidate, is the policy for US Senate Florida 2016.

Why then does DOE not follow the US Constitution and FEC requirements?

11. See attachment (4)…(to be presented at the hearing)…for response from Florida Chief Inspector General (FCIG) May 11, 2016…response FCIG April 18, 2016…response FEC April 21, 2016…response US Department of Justice February 10, 2016.

US Supreme Court response January 21, 2016.
US Supreme Court rejects complaints against FEC, and states the requirements are to go to lower court first.

US Constitution says, between a state, or the citizens thereof,

Article III Section 2, the judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;–to all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the United States shall be a party;–to controversies between two or more states;–between a state and citizens of another state;–between citizens of different states;–between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

Charles Frederick Tolbert EdD
Candidates United States Senate Florida 2016 NPA
Retired MSGT
Pastor

Copy Editor: Vilet Dye…viletsvoice@yahoo.com

Www.cfabamerica.com

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Attachment (1, 2, and 4)..to be presented at the hearing on May 18, 2016 and mailed on May 16, 2016 as addressed to include complete presentation

Attachment 3 is included in this document.

For further information go to web link

Final copy May 15, 2015 for FEC hearing May 18, 2016 Tallaheesse

Articles concerning the Florida Division Of Election and the Florida election commission sent to Dr. Tolbert by 2 Candidates is as follows;

Dear Commander Neil Cosentino:

I have sent you out three copies in Standard Copyright Agreement of the recent edition of the book, “Campaign For Congress 2016” that includes your very fine “People’s Checkbook” “and Camelot Florida” articles. You are featured on Pages 63-68. I am as well including a Free Download Ebook version from Lulu.com for you to have.

Your “People’s Checkbook” idea is also included in my Campaign Profile. Thank you for your contributions.

http://www.lulu.com/shop/journalist-gary-l-koniz/campaign-for-congress-2016/ebook/product-22696139.html

RE: 100% .GOV Transparency = 100% .GOV Accountability

Socio-Capitalism Is Our Global Political Philosophy

“Our Goal Is To Form A Government That Works For All The People.”

Sincerely,

Gary L. Koniz
Journalist Correspondent

Independent Candidate for
U.S. House of Representatives, 4th CD, FL
“United Labor Unifying The Nation Providing Jobs
And A Fair Cost Of Living Wage For The People”
(904) 730-2055 Office
www.garykonizforcongress.com
www.news4jax.com/politics/gary-koniz/29170618

The Right Formula for Peace and Prosperity in Our Time: Calls For a Fair Deal Prevailing Middle Class Wage Legislation with an Anti-Trust Fair Price Cost of Living Regulation Agreement, an Affordable Graduated FICA Payroll Deducted National Health and Dental Care Plan, and for Full Faith Fiat Issue; To Fund For Government Services, Create Employment, Provide for the Environment, Education, and Emergency Relief, and To Preclude Fiscal Deficit by Issuing Taxation Shortfall directly from the Treasury instead of borrowing it at excessively high interest rates; (there is a Lending Conspiracy going on here that is tied to the annual Congress Approval in Escalation of the National Debt Ceiling;) and to ensure that the Stock Market is not being subject to manipulation by placing a Cap on how far any giving stock can fall, (3% of its value) on any given Trading Day; that will in all, and along with a Fair Balance of Foreign Trade, Produce the Consumer Purchasing Power We Need for Economic Vitality, Growth, and Stability.

http://www.lulu.com/shop/gary-koniz/the-independent-workers-party-campaign-2014/ebook/product-21937803.html

“That the Earth with All Its Life Abounding Exists in the Eternity of Infinite Time and Space is a miracle beyond comprehension to behold. Let us therefore govern ourselves accordingly. In The End You Will Say, We Did It Ourselves. Sophisticated Reasoning Is In Order. We Are The Only Ones Who Can Make Those Determinations Of Choice.”

The Florida Department of State’s Division of Elections provides administrative support to the Secretary of State, Florida’s Chief Election Officer, to ensure that Florida has fair and accurate elections.

The Division of Elections facilitates coordination and interpretation of election laws and establishes uniform standards to ensure fair and accurate elections in Florida.

****************************************************************

Honorable Secretary of State Ken Detzner:

I have no own to express my TOTAL displeasure with the Division of Elections as the Division is managed; I fear YOU are receiving poor “interpretation of election laws” and the webmaster of the Division of Elections is failing to provide FAIR elections.

For Example:

1. Why are you allowing the website of the Division of Elections to call a candidate “INCUMBENT”..this is a way of promoting someone who would like to be an incumbent but is only an incumbent for the previous District. ORDER THE DIVISION OF ELECTIONS FROM CORRESPONDING WITH ELECTED OFFICIALS USING THEIR TITLE IF THE CORRESPONDENCE HAS TO DO WITH THE CURRENT ELECTION.

2. THE WEBMASTER has created complex webpages that do a very poor job of transferring information to the public and candidates.

3. The search for candidates is buried in down stream pages that require more determination to locate than is FAIR.

4. The Division of Elections has no basis to prevent a candidate from using PAPER submittal of campaign financial information should the EFS system be to complex and unstable to allow data to be inserted electronically. Someone at the Division because of wanting to make common caring candidates unable to follow the complex and unstable EFS system they wrongly eliminated paper for even for minor forms. IF the EFS system is so unstable that it keeps going down there is NO JUSTIFICATION for not allowing simple limited data (zero contributions and zero expenses) to not be allowed on paper.

5. YOU should order the Division of Elections to report to YOU (the Chief Election Officer) the failing dates of the EFS website.

6. YOU as the Chief Election Officer need to CLEARLY understand what the Division of Elections is doing is likely illegal and criminal by causing willing individuals NOT to be able to be a candidate for State Senate District 14 because of the following reasons.

The Division of Elections is wrongly requiring ANY report to be completed in less than 7 days from the date the candidate receives the required password (only by mail);

IN MY case I received the Passwords on Saturday and the Report was due 2 days later. The EFS system was down the previous Friday (per a another Candidate to hereby be known as Curtis; he contacted the Division of Elections; yet the Divisions of Elections did ZERO……REPEAT ZERO to inform candidates the system was down.

The statement in the new candidate letter states that should the EFS be down a 24 hour extension would be provided.

This approach by the Division of Elections is NOT legal; some experienced candidates with a large budget and connections to the Division of Elections can anticipate the EFS system will be down and they have a way of up loading information quickly when the system is active.

What I am saying Mr. Secretary, is the Division of Elections is wrongly advising you about important election matters and they are NOT reporting the failures of the system and how these failures are robbing common caring small candidates the right to be a candidate for State Senate.

YOU know the fines established by the major parties are designed to prevent many people from being candidates or used to punish first time candidates with the WRONG interpretation of the election laws regarding fines.

A court someday will find this email and all my emails to YOU and the staff of the Division of Elections and then we will have a face to face meeting to show you how the Division of Elections and their EFS system is failing badly.

While they want to get out of work; it seems the recommended the ONLY EFS submission (even for ZERO contributions or spending) when just a few years ago PAPER was feasible. Now When the EFS is broken PAPER should be allowed and the fines eliminated.

The calendar of campaign reports is much more stringent than past years (records will show I have been a “candidate” since 2002).

So with weekly reports required it has become essential that the Division of Elections start looking at this from the candidate’s point of view.

WE need the full 7 days for preparing data and that means should the EFS system go down the impact on the common caring candidates is significant especially when the report must be finished on the very next day the system is running.

I had to quickly go on line at 3:32 AM to use the EFS when if finally was operating on Mother’s Day.

Strange that someone from the Division of Elections did not fix the EFS system on Saturday but waited to the very early morning hours to fix the EFS.

A minimum of 7 days of the EFS system operating continuously should be the basis for establishing a fine.

The Division of Elections in my opinion is Criminal and preventing me from enjoying my challenge to State Senator who is part of the problem of this Division of Elections.

As Donald Trump stated “the system is rigged”

It is your responsibility to challenge the Division of Elections to Fix the EFS and stop abusing common caring candidates who are attempting to challenge the well connected established Senators.

AS you will see YOU could be personally responsible for continuing to allow the EFS system as operated by the current staff of the Division of Elections KNOWING YOU will sooner or later be called on the carpet for the actions of the Major Parties and Unfair elections in Florida.

I will NOT stop until this matter is addressed.

The fines are unreasonable especially when the EFS is unstable and goes down just when I need to work on the data insert.

REQUIRE a minimum of 7 days of continuous operation of the EFS system before fines can be assessed.

There are many other Division of Elections decisions that could be challenged in a court but this is something for others.

Signed

Richard Paul Dembinsky
NO longer a Candidate because of the EFS system failure and the assessed fines being unreasonable.

Www.cfabamerica.com

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