The writers at the HV News Lies have learned that a formal complaint was filed to the NYS Board of Elections with a copy being forward to several news outlets as a press release per the below.

To: New York State        
Board of Elections
40 North Pearl Street, Suite 5
Albany, NY        
12207-2729


From: Di Carlo for Senate
Date:  9/10/2012
Contact: Zachariah  Chichester
 

Respondent: Yancy F. McArthur, Republican Committeeman, Hyde Park, NY
Address: 9 Franklin Road, Hyde Park, New York 12538


Respondent: Saland for Senate
Address: 5 Hubbard Lane, Poughkeepsie, NY 12603
Address: 1839 South  Road, Wappingers Falls, 12590
 
Complaint  of Violation of Fair Campaign Code   9 NYCRR 6201.1


The New York  State Fair Campaign Code is found at 9 NYCRR 6201.1 in pertinent part provides:
In order that all political campaigns be conducted under
a climate promoting discussion of the issues and presentation of the records and policies of the various candidates, stimulating just debate with respect  to the views and qualifications of the candidates and without inhibiting  or interfering with the right of every qualified person and political  party to full and equal participation in the electoral process, the  following is hereby adopted by the New York State Board of Elections  pursuant to section 3-106 of the Election Law as the fair campaign code for the State of New York. No person, political party
or committee during the course of any campaign for nomination or election to public  office or party position shall, directly or indirectly, whether by means of payment of money or any other consideration, or by means of campaign  literature, media advertisements or broadcasts, public speeches, press  releases, writings or otherwise, engage in or commit any of the         following:
(a)  Practices of political espionage including, but not
limited to, the theft of campaign materials or assets, placing one's own employee or agent in the campaign organization of another candidate, briber of  members of another's campaign staff, electronic or other
methods of eavesdropping or wiretapping.


I am the campaign manager of the Neil Di Carlo for Senate campaign and I personally witnessed the violation of the Fair Campaign Code directly perpetrated  by Yancy F. McArthur in that he committed the theft of materials and  assets of the Neil Di Carlo for Senate campaign. Upon information and  belief, Mr. McArthur actively participates in the Saland for Senate Campaign.
 
While I have no way  of knowing if the actions of Mr. McArthur were ordered by Candidate   Steven Saland or his campaign staff, I would ask the Board of Elections  to investigate and determine if such instructions were given. Mr.  McArthur has close connections to Candidate Steven Saland and such connections raise an inference that the Saland Campaign at least  indirectly caused the theft of materials and assets of the Neil Di Carlo  for Senate Campaign. Over 150 Di Carlo campaign signs have been stolen in the Hyde Park area from Mid-July to date. The theft of such a large  number of signs indicates a concerted effort to deny the Neil Di Carlo  for Senate Campaign the ability to participate in the election process and to get his message out to the voters of the 41st Senate  District.
 
The actions of   Yancy McArthur are particularly troubling because he is an elected   commissioner of the Roosevelt Fire District and has been elected as a   Dutchess County Republican Committee Member for District 3-1 in the Town of Hyde Park.


Substance of  Complaint:


On Saturday,  September 1st 2012, Yancy McArthur was
witnessed stealing a  campaign sign placed by Zachariah Chichester, State Senate Candidate Neil Di Carlo's campaign manager. Mr. Chicheste had only minutes  earlier finished placing a “Retire Saland” sign on public property on Route 9G in Hyde Park at approximately 9:55 pm. After washing his  vehicle in a nearby car-wash, he and a second witness observed Yancy         McArthur stealing the sign from the public ground at about 9:57 and         returning to his place of business. The Hyde Park police were called at        approximately 10pm to report the theft. The report included a description of the vehicle, license plate number and description of the individual. The witnesses then waited for the police to arrive. Mr. McArthur then left and called the police on the witnesses waiting for the police. A second call was placed by the witness to the Hyde Park Police. The police dispatcher informed the witness that Mr. McArthur had called them and upon being questioned by the dispatcher, confessed to driving the vehicle in question and to stealing the sign. A short  while later, Mr. Chichester and a few other witnesses found 5 DiCarlo/Retire Saland signs in a dumpster behind Mr. McArthur's place of  business, some of which had been cut up. The police officer on the scene, Officer Joshua Tucker, Shield Number 8, also informed Mr.     Chichester that Mr. McArthur claimed to have “relocated” the sign. Mr.  McArthur indicated to the investigating officer that he took it to the intersection of 9G and Fallkill Road in the Town of Hyde Park. Officer Tucker informed Mr. Chichester that he inspected that intersection as well the length of Fallkill Road and found no signs there, an indication that Mr. McArthur had spoken falsely. A formal complaint was made to the  police at approximately 2:30am, September 2nd, 2012.


All filed  complaints, phone logs, and testimony of the police officers and dispatchers are available from the Hyde Park Police department  845-229-9340.


A picture of the dumpster containing the stolen signs that was submitted to police is included.


McArthur’s Ties to Candidate Saland
 
Yancy McArthur is the Dutchess County Republican Committee Member for District 3-1 in the Town of Hyde Park. The Dutchess County Republican Committee voted to endorse Steve Saland for the 41st Senate District. Mr. McArthur is the husband of Jean McArthur who is the Chairperson of the Hyde Park Republican Committee and a member of the Executive Committee of the         Dutchess County Republican Committee. Ms. McArthur circulated nominating  petitions on behalf of Steven Saland. The McArthurs reside at 9 Franklin Road in the Town of Hyde Park and have several Saland for Senate   campaign signs on their front lawn. Upon information and belief, Mr. & Mrs. McArthur have been actively participating in the Saland for Senate Campaign.


Yancy McArthur is  an elected commissioner of the Roosevelt Fire District. According to the Roosevelt Fire District’s website, Steven Saland has obtained funding on behalf of the Roosevelt Fire District in the past.


Yancy McArthur  previously served as elected supervisor for the Town of Hyde Park.  During McArthur’s tenure as Town Supervisor, Saland’s law firm Gellert  & Klein served as the Town Attorney.


Conclusion


The Di Carlo for Senate Campaign respectfully submits that the theft of campaign signs by  Yancy McArthur is a clear violation of the Fair Campaign Code. Mr.  McArthur made incriminating statements to the police regarding the theft  of the signs. It is respectfully submitted that all the penalties  imposed by NY Election Law should be imposed against the respondent including the civil penalties imposed by Election Law § 3-106(4).        
Violation of the Fair Campaign Code by an elected public officer who is   also elected to a party position deserves harsh punishment since such a  person should know better.


The Di Carlo for  Senate Campaign respectfully requests that the New York State Board of Elections utilize its powers under Election Law § 3-104(2) to  investigate the theft of over 150 Di Carlo for Senate campaign signs.         
 
Action by the State  Board of Elections is required to prevent future theft of campaign signs. Allowing a blatant violation of the Fair Campaign Code to go unpunished simply invites future violations and emboldens the  perpetrators. Swift and determined action by the Board of Elections is required to set an example and preserve the “right of every qualified        
person and political party to full and equal participation in the  electoral process” especially those seeking to unseat a sitting  incumbent.


Please notify complainant of any deficiencies so they may be corrected and I will be more than happy to provide any additional information regarding this complaint.


Sincerely
Zachariah   Chichester


Attachment:
Picture submitted        
to Police as evidence. Dumpster behind Mr. McArthur's business.