Instead of prosecuting Kevin Kelley for stealing Ward 13’s council seat in 2017, Cuyahoga County Prosecuting Attorney Michael O’Malley endorses the election thief

Kevin Kelley's campaign finance reports from 4 years ago were due on December 15, 2017; but his campaign treasurer Mom turned them on July 25, 2019 or 587 days after the 38 day deadline

CLEVELAND, OH – If ex-President Donald Trump wants to know how elections are stolen or obstructed he should review the campaign finance reports of Cleveland Councilman Kevin Kelley for an example.  All you need is a complicit prosecuting attorney who is a member of your ethnic and religious group; and who is willing to ignore the duties assigned to the elected office he holds in Title 35 of the Ohio Revised Code.

Kelley has criminally obstructed three Cleveland elections, but these aren’t words Clevelanders will see from Mark Naymik’s reporting at WKYC or from his former work at cleveland.com.  Naymik is like the character Haley Osmet played in “The Sixth Sense” with actor Bruce Willis.  Naymik sees criminals but only if they’re “Black.”

Kevin Kelley obstructed Clerk of Council Patricia Britt from accepting 22,000 signatures from registered Cleveland voters who wanted to decide yes or no on the $88 million he had enacted an “emergency” ordinance to give Dan Gilbert to renovate the Quicken Loans Arena. rchist obstructs hard fought for civil voting rights for American Negroes. Cleveland is an attorney. Disgraceful.

When 22,000 Cleveland voters signed petitions to determine the fate of council’s decision to give $88 million to Dan Gilbert to renovate a now dead Quicken Loans Arena, Kelley obstructed the Clerk of Council’s duty to accept them.  When an equal number of voters submitted petitions to reduce the size of council and shrink their pay, Kelley used back door relationships at the elections board to keep the initiative off the ballot.

In 2017 Kelley stole Ward 13’s seat from his opponent.  Here’s how and this is why the endorsement he’s received from Cuyahoga County Prosecuting Attorney Michael O’Malley should be seen by every Cleveland voter as “conflict of interest” troubling.

Mary Kelley was her son’s campaign treasurer during his campaign for council in 2017.  Kelley was an incumbent, but he had opponents he needed to beat in the primary election to make it to the general election in November 2017.  The race for Ward 13’s council seat became a competition between Kelley and Michele Burk.  The primary election was held on September 12, 2017.

Kevin Kelley’s Mother, Mary, signed that she delivered his post-general election campaign finance report on July 25, 2018. The date stamped on the document by the Cuyahoga County Board of Elections was July 25, 2019. Either date makes both Kelley and the Mother his carelessness failed to protect criminal violators of the state’s election laws. So now he’s in the middle of a drama where it’s being exposed that the county prosecutor endorsing him should be indicting both Kelley and his Mother. It’s a poor son who gets his Mother in the middle of his criminal drama.

As his campaign treasurer it was Kelley’s mother’s legal duty to submit his campaign finance reports to the Cuyahoga County Board of Elections in accordance with all the laws spelled out in Title 3517 of the Ohio Revised Code.  Failing to meet the deadlines set forth in Section 3517.10 of Ohio’s Revised Code would make Kelley’s mother a criminal violator of the state’s campaign finance reporting laws it’s O’Malley’s duty to enforce.

(A) Except as otherwise provided in this division, every campaign committee, political action committee, legislative campaign fund, political party, and political contributing entity that made or received a contribution or made an expenditure in connection with the nomination or election of any candidate or in connection with any ballot issue or question at any election held or to be held in this state shall file, on a form prescribed under this section or by electronic means of transmission as provided in this section and section 3517.106 of the Revised Code, a full, true, and itemized statement, made under penalty of election falsification, setting forth in detail the contributions and expenditures, not later than four p.m. of the following dates(1) The twelfth day before the election to reflect contributions received and expenditures made from the close of business on the last day reflected in the last previously filed statement, if any, to the close of business on the twentieth day before the election;  (2) The thirty-eighth day after the election to reflect the contributions received and expenditures made from the close of business on the last day reflected in the last previously filed statement, if any, to the close of business on the seventh day before the filing of the statement;  (3) The last business day of January of every year to reflect the contributions received and expenditures made from the close of business on the last day reflected in the last previously filed statement, if any, to the close of business on the last day of December of the previous year;  (4) The last business day of July of every year to reflect the contributions received and expenditures made from the close of business on the last day reflected in the last previously filed statement, if any, to the close of business on the last day of June of that year.

A post primary campaign finance report dated July 25, 2019 for an election that occurred on September 12, 2017 is evidence of an election law crime for which Cuyahoga County Prosecuting Attorney Michael O’Malley should have prosecuted Kevin Kelley and his campaign treasurer Mother.

The 2017 primary election that saw Kelley lead the pack with Burk coming in second was on September 12th.  Pursuant to Section 3517.10(A)(1) of the Ohio Revised Code, Kelley’s pre-primary campaign finance report was due in Election Manager Brent Lawler’s hands no later than 4 p.m. on August 31, 2017.

Kelley’s post-primary election report was due 38 days after September 12th on October 20, 2017 as a requirement of Section 3517.10(A)(2) of the Ohio Revised Code.  His post-general election campaign finance report was due on December 15, 2017 pursuant to Section 3517.10(A)(2) of the Ohio Revised Code.

Kelley’s mother, Mary, violated Section 3517.13 when she failed to file on each of the statutory deadlines of Section 3517.10(A)(1)(2)(3) of the Ohio Revised Code.  The Section 3517.13 violation triggered duties for Lawler to discharge at the Cuyahoga Board of Elections as the “elections manager” the board rejected to serve as the agency’s director.

Pursuant to Section 3517.11(C) of the Ohio Revised Code, failing to file or filing late is a criminal offense.  Lawler is the official “whose duty it is to examine the statement” pursuant to this section of Title 35.

The specific language of the statute instructed Lawler that he, “shall promptly file a complaint with the Ohio elections commission under section 3517.153 of the Revised Code if the law is one over which the commission has jurisdiction to hear complaints, or the official shall promptly report the failure or violation to the board of elections and the board shall promptly report it to the prosecuting attorney in accordance with division (J) of section 3501.11 of the Revised Code.”  This is where O’Malley’s endorsement of Kelley is so troubling because he was the county prosecutor at the time.

Elections manager Brent Lawler created a fake campaign finance committee under my name and submitted it to the Ohio Elections Commission. I did not create a campaign committee called the Committee to Re-Elect Eric Brewer or raise any money in 2017 when I sought the job of mayor. Even the Plain Dealer’s editorial staff got it right that I didn’t create a campaign committee or raise money. So Lawler creates a fake complaint against me instead of a real one against Kevin Kelley.

Mary Kelley didn’t turn in any of her son’s 2017 campaign finance reports until July 25, 2019.  She submitted them altogether on that date as evidence of her violation of Section 3517.13 of the Ohio Revised Code.

Instead of accepting the reports it was Lawler’s duty in 2017 to “promptly file a complaint” with either the Ohio Elections Commission or to the board whose members were given the duty to report the Kelley families election crimes to O’Malley.  The absence of either a complaint to the Ohio Elections Commission from Lawler, or notice from him to the board and a complaint from the board to O’Malley in 2017, is evidence of misconduct on the county’s election officials the prosecutor should have prosecuted.

12 days before the September 12, 2017 primary election for Ward 13 city council was August 31, 2017. Look at the date Kevin Kelley’s campaign treasurer signed his report and the date stamp by the board. There is no section of Title 35 of the Ohio Revised Code that authorized any official at the Cuyahoga Board of Elections to accept a campaign finance report 693 days after the violators should have already been prosecuted. The report 693 days later is now moot. Kevin Kelley’s a licensed attorney and he’s also a serial election thief. Now he wants Clevelanders to elect him as the city’s chief law enforcement officer to enforce all federal, state and local laws; and to live within the Constitution of the United States of America and he hopes we forget he’s an anarchist whose conduct shows he has no regard for our laws.

Pursuant to Section 3517.11(D), “No certificate of nomination or election shall be issued to a person, and no person elected to an office shall enter upon the performance of the duties of that office, until that person or that person’s campaign committee, as appropriate, has fully complied with this section and sections 3517.083517.0813517.10, and 3517.13 of the Revised Code.”

After Kelley and Burke made it through the primary the elections board was required to award each a “certificate of nomination” for them to compete in the general election.  That’s only if Mary Kelley met the deadlines of Section 3517.10 of the Ohio Revised Code and did not violate Section 3517.13.

Kelley’s mother’s “failure to file” instructed her son, pursuant to Section 3517.11(D), not to enter the “office” of a “candidate” for the general election on November 7, 2017.  It was Lawler’s duty to prevent the Cuyahoga County Board of Election’s members to issue Kelley a “certificate of nomination” to compete in the November 7, 2017.

Mary Burk should have been an unopposed candidate for Ward 13 city council in 2017.

Since a late filing is also a violation of Section 3517.10, it was Lawler’s duty to report him to the Ohio Elections Commission and the board; and the board’s duty to report Kelley to O’Malley for criminal prosecution.  Burk should have campaigned unopposed.

After missing the December 15, 2017 to turn in his post-general election campaign finance reports, Section 3517.11(D) repeated the same instructions to Kelley as he was instructed as a “candidate” not to “enter” the next office.  Lawler and the Cuyahoga County Elections Board were also instructed by the same law not to issue Kelley a “certificate of election” so that he could present it to Pat Britt in her official capacity as the “Clerk of the Council.”  The “certificate of election” was Kelley’s permission to be administered an “oath of office” to “enter” the “office” of Ward 13’s council representative.

It’s O’Malley’s duty to enforce the state’s election laws that require him to have held Kelley, Lawler and members of the election board accountable.  There are also the penalties associated with O’Malley prosecuting election law violators if he was protecting Cleveland voters from election and public office thieves like Kelley.

The late Cuyahoga County Prosecuting Attorney John T. Corrigan prosecuted a Jewish Shaker Heights candidate who missed the 38 day filing deadline by one single day. Mitchell Paul. Judge Robert Feighan presided and found him guilty. Case law for a violation of R.C. 3517.10 is already established. Kevin Kelley also violated R.C. 3517.11(D).

O’Malley’s required to enforce Section 3599.16 of the Ohio Revised Code under the heading, “Misconduct of member, director, or employee of board of elections – dismissal.”  I’ve only seen a prosecuting attorney enforce it once; and that was against an American Negro woman employee of the board when crimes like those Lawler committed are more apparent and severely impact the integrity of local, state and national elections.

No member, director, or employee of a board of elections shall:  (A) Willfully or negligently violate or neglect to perform any duty imposed upon him by law, or willfully perform or neglect to perform it in such a way as to hinder the objects of the law, or willfully disobey any law incumbent upon him so to do;  (B) Willfully or knowingly report as genuine a false or fraudulent signature on a petition or registration form, or willfully or knowingly report as false or fraudulent any such genuine signature;  (C) Willfully add to or subtract from the votes actually cast at an election in any official returns, or add to or take away or attempt to add to or take away any ballot from those legally polled at such election;  (D) Carry away, destroy, or mutilate any registration cards or forms, pollbooks, or other records of any election;  (E) Act as an election official in any capacity in an election, except as specifically authorized in his official capacity;  (F) In any other way willfully and knowingly or unlawfully violate or seek to prevent the enforcement of any other provisions of the election laws.  Whoever violates this section shall be dismissed from his position as a member or employee of the board and is guilty of a felony of the fourth degree.

O’Malley’s endorsement of Kelley should be seen as evidence that he’ll continue avoiding performing the prosecuting attorney’s duties in enforcing the state’s election law.  There are two upcoming elections for Cleveland mayor with deadlines to meet and duties campaign treasurers are required to perform that O’Malley’s mandated by state laws to enforce.

Kevin Kelley had a private conversation with officials at the Cuyahoga County Board of Elections and told them council was planning to enact a resolution not to let an initiative petition go forward that would shrink their numbers and cut their pay. Elections board employee Mike West disseminated this false information to the public that Issues and 3 and 4 had been removed by the council who had just held a meeting without voting on it. They didn’t vote on for the next meeting either, but Kelley had already done 22,000 more voters harm.

Given Kelley’s unprosecuted obstruction of two past elections, and his heisting of a city council seat from Burk in 2017, O’Malley’s endorsement should offer assurances to Cuyahoga County voters that “his boy” is protected.  O’Malley looks like a hypocrite as he calls himself praising Kelley for his being down with law enforcement after stealing over $400,000 in wages and benefits from Cleveland taxpayers over the past four years.

Kelley’s a thief in more ways than one.

Eric Jonathan Brewer

Cleveland's most influential journalist and East Cleveland's most successful mayor is an East Saint Louis, Illinois native whose father led the city's petition drive in 1969 to elect the first black mayor in 1971. Eric is an old-school investigative reporter whose 40-year body of editorial work has been demonstrably effective. No local journalist is feared or respected more.

Trained in newspaper publishing by the legendary Call & Post Publisher William Otis Walker in 1978 when it was the nation's 5th largest Black-owned publication, Eric has published and edited 13 local, regional and statewide publications across Ohio. Adding to his publishing and reporting resume is Eric's career in government. Eric served as the city's highest paid part-time Special Assistant to ex-Cleveland Mayor Michael R. White. He served as Chief of Staff to ex-East Cleveland Mayor Emmanuel Onunwor; and Chief of Communications to the late George James in his capacity as the Cuyahoga Metropolitan Housing Authority's first Black executive director. Eric was appointed to serve as a member of the state's Financial Planning & Supervision Commission to guide the East Cleveland school district out of fiscal emergency and $20 million deficit. Former U.S. HUD Secretary Alphonso Jackson told Eric in his D.C. office he was the only mayor in the nation simultaneously-managing a municipal block grant program. Eric wrote the city's $2.2 million Neighborhood Stabilization Program grant application. A HUD Inspector General audit of his management of the block grant program resulted in "zero" audit findings.

As a newspaper publisher, Eric has used his insider's detailed knowledge of government and his publications to lead the FBI and state prosecutors to investigations that resulted in criminal prosecutions of well-known elected officials in Ohio; and have helped realign Cleveland's political landscape with the defeat of candidates and issues he's exposed. Eric's stories led to the indictments of the late Governor George Voinovich's brother, Paul Voinovich of the V Group, and four associates. He asked the FBI to investigate the mayor he'd served as chief of staff for public corruption; and testified in three federal trials for the prosecution. He forced former Cuyahoga County Coroner Dr. Elizabeth Balraj to admit her investigations of police killings were fraudulent; and to issue notices to local police that her investigators would control police killing investigations. Eric's current work has resulted in Cuyahoga County Judge John Russo accepting the criminal complaint he guided an activist to file against 24 civil rights-violating police officers in the city he once led for operating without valid peace officer credentials. USA Today reporters picked up on Eric's police credentials reporting from his social media page and made it national.

Eric is the author of of his first book, "Fight Police License Plate Spying," which examines the FBI and local police misuse of the National Crime Information Center criminal records history database. An accomplished trumpet player and singer whose friendship with Duke Fakir of the Four Tops resulted in his singing the show's closing song, "Can't Help Myself": Curtis Sliwa of New York's Guardian Angels counts Eric among his founding chapter leaders from the early 1980's role as an Ohio organizer of over 300 volunteer crime fighters in Cleveland, Columbus and Youngstown, Ohio. For his work as a young man Eric was recognized by Cleveland's Urban League as it's 1983 Young Man of the Year.

Known in Cleveland for his encyclopedic knowledge of government and history, and intimately-connected with the region's players, every local major media outlet in Cleveland has picked up on one of Eric's stories since 1979. There is no mainstream newspaper, television or radio outlet in Cleveland that does not include an interview with Eric Jonathan Brewer in its archives over the past 40 years.

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