August 20, 2008


Dear Mr. McShane,

Please consider this letter an official citizens’ complaint
regardingthe political fundraising of Anthony Pollina, a publicly
declared“independent” candidate for governor of Vermont.

As you know, the Secretary of State’s office has requested
that the Pollina campaign return all contributions of more than $1,000 inorder
to comply with what in considers to be the current law.

To date, the Pollina campaign is refusing to return the
money.As concerned citizens of the State of Vermont, we offer this citizens’
complaint regarding the fundraising actions of the Pollina campaign and its
apparent disregard for the law as interpreted by the Secretary of State’s
office.

We look forward to hearing from you.



Sincerely,



Michael Colby

BootsWardinski

August 20, 2008

Mr. Michael McShane, Esq.
Assistant Attorney
General
109 State Street
Montpelier, VT 05609-1001

RE: Complaint Against Anthony Pollina and "Pollina for
Governor"

Dear Attorney McShane:

I am writing to lodge a complaint and request that your
office take action in investigating and prosecuting, as appropriate, violations
of Vermont’s campaign finance law by Mr. Anthony Pollina and/or his campaign
entity, "Pollina for Governor."

Specifically, as you are aware and has been widely
reported in the press, Mr. Pollina has accepted individual contributions in
excess of the limits the Vermont Attorney General and Secretary of State have
determined are legally permissible. The first public response of Mr. Pollina was
that he did not understand the law and did not intentionally violate those
restrictions.

However, it is now reported in the media that rather than
return the "overage" funds, Mr. Pollina, through his campaign entity, is now
attempting to either go around or ignore Vermont’s campaign finance laws. The
Rutland Herald reported on August 19 and 20, 2008, as follows:

"We're not giving any money back," Meg Brook, Pollina's
campaign manager, said Tuesday. Brook argued that the donations don't violate
the law.

In addition, it was reported on WCAX that Mr. Pollina and
his campaign entity are encouraging the donors who made what are now illegal
contributions to simply funnel money to him in less obvious ways. As reported by
the Vermont Press Bureau:

Brook said campaign staff met to discuss the issue Monday,
and options on the table include having supporters loan the campaign money or
form their own political action committees in their communities to support his
run for governor.

Thus, even if the impression fostered by Mr. Pollina -
that he did not intentionally violate the contribution limits every other
candidate must comply with - is true, it appears that his and his campaign’s
current actions in attempting to keep those contributions despite knowing their
now illegal nature is an intentional and serious violation of Vermont law.
Specifically, Title 17, Section 2805(e) provides:

(e) A candidate, political party, or political committee
shall not knowingly accept a contribution which is not directly from the
contributor, but was transferred to the contributor by another person for the
purpose of transferring the same to the candidate, or otherwise circumventing
the provisions of this chapter. It shall be a violation of this chapter for a
person to make a contribution with the explicit or implicit understanding that
the contribution will be transferred in violation of this
subsection.

That he changed party affiliation before filing for office
should not be a factor. What matters is the party affiliation he files under,
when he files. This current attempt to keep "overage" funds by forming PACs or
funneling money to other people is directly contrary to the letter and spirit of
this statute and warrants the investigation and prosecution of violations by
your office. It appears under the language of section 2805(e) that such an
investigation would encompass not only Mr. Pollina and his election operatives,
but those acting in concert with their schemes as sources of illegal campaign
contributions. Hopefully innocent people who have been misled will not be
prosecuted, but I understand that decision is fully within the purview of your
office.

As Chair of the Local Government Committee which passed
Act 64 in 1997, with Mr. Pollina’s help, I’m astounded and disappointed by his
recent behavior, as well as his misunderstanding of the law. I know there are
legal ways to raise money. I believe he has the capacity to use them. I would
expect your office would examine these issues as well or direct any pertinent
information to the appropriate state or federal authorities for further
consideration if you feel it is warranted.

Thank you for your consideration of this
matter.

Sincerely,
Lynn Bohi
Former State
Representative
Town of Hartford