Commonwealth v. Beck

810 A.2d 736
CourtCommonwealth Court of Pennsylvania
DecidedNovember 21, 2002
StatusPublished
Cited by8 cases

This text of 810 A.2d 736 (Commonwealth v. Beck) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Beck, 810 A.2d 736 (Pa. Ct. App. 2002).

Opinion

OPINION BY

Judge SIMPSON.

In this second appeal of Harold T. Beck (Beck), he challenges his convictions in the Court of Common Pleas of McKean County (trial court) for multiple violations of the Pennsylvania Election Code (Election Code). 1 In addition to fines and costs, Beck’s voter registration card was canceled, he was prohibited from voting for the next four years, and he was forever disqualified from holding elected office in the Commonwealth.

Beck’s convictions result from his failure to file required political committee registration, and campaign expense reports and from an improper termination report during his successful 1995 campaign for McKean County Commissioner. While he held office, the Commonwealth charged Beck with five misdemeanor violations of the Election Code. 2 The Commonwealth also filed similar charges against Eileen B. Smith (Smith), Beck’s sister-in-law, purported to be Beck’s campaign treasurer.

A three day jury trial was held in February 2001, when Beck no longer held office. At the beginning of the trial, Smith *739 was represented by Attorney Gregory Henry, and Beck represented himself. ■

The Commonwealth presented testimony by Judy Ordiway, Director of the McKean County Board of Elections (Board). In March 1995, Beck filed a nomination petition to be placed on the ballot for county commissioner. Reproduced Record (R.R.) R.R. 235a-236a; 679a-697a. He also filed a notarized statement of financial interests, disclosing his positions as president of the Walter Beck Corporation and the Mountain Lam-el Publishing Corporation. R.R. 236a. In addition, Beck signed a “Waiver of Expense Account Reporting Affidavit,” stating,

[he] does not intend to form a political committee or to receive contributions or make expenditures in excess of Two-Hundred-Fifty Dollars ($250) during any reporting period, that, as a candidate, he ... will keep record of contributions as required by law; that, as a candidate he ... will file reports as required by law, if contributions or expenditures exceed Two-Hundred-Fifty Dollars ($250).

R.R. 697a.

Beck, as a candidate and not as a committee, filed six campaign expense reports listing expenditures and receipt of funds in excess of $250. R.R. 698a.-737a. Included in the reports were expenses for advertising in The Review, of which Beck was the editor.

Significantly, on October 27, 1995, Beck filed a candidate campaign expense report listing total expenditures of $1,507.84 and total receipts of $584.00, leaving a negative balance of $923.84. R.R. 260a., 729a.-735a. The negative balance would be a critical factor in one of the violations.

Thereafter, Beck filed a candidate expense report for the reporting period from October 27 to December 7, 1995. R.R. 736a. He identified this report as his “termination statement.” Id. On the report, he signed a sworn statement certifying the aggregate receipts, disbursements or liabilities incurred during the reporting period did not exceed $250. Id. The termination statement, however, did not clarify how the unpaid debt of $923.84 from the prior statement was resolved. Id. Based on Beck’s assurances that he satisfied all campaign obligations, Ordiway advised him this termination statement would satisfy the Election Code’s reporting requirements. R.R. 259.

On October 13, 1995, an individual sent Ordiway a letter inquiring about a political advertisement published in The Review, containing the footer “Paid for by the Committees for Stratton and Beck.” The sender asked Ordiway to identify the members of these political committees. Ordiway could not respond because neither Beck nor Stratton registered a political committee. Ordiway brought the letter to the attention of the Board, which sent Beck a registered letter, stating:

We have received a verbal and written request regarding political advertising for “the Committees to elect Stratton and Beck.”
We respectfully request that you review the campaign Expense Reporting booklet enclosed, particularly Section 1624 Registration.
If you fall into this category, we have enclosed the proper paperwork for registering your committee with the county board of elections; along with your Campaign Expense Reporting Forms.
If you have any farther questions please feel free to contact us at 887-5571.

R.R. 741a. Although Beck signed a receipt for this letter, he did not respond.

Further, Beck’s campaign manager, Jeff Franklin, testified that he and Beck draft *740 ed a letter which appeared in The Review seeking to solicit contributions for the “Committee to Elect Harold Beck.” R.R. 277a. Franklin and Beck discussed using the phrase “the Committee to Elect Harold Beck” in the letter. R.R. 282a. The letter named Eileen Smith as treasurer of the committee. R.R. 786a. According to Franklin, Beck formed a political committee prior to the time Franklin joined the campaign. R.R. 271a.

In addition, the Commonwealth submitted ten cheeks payable to the “Committee to Elect Harold Beck” or something similar. R.R. 788a.-791a. The checks were endorsed by Smith, and most of the checks also contained the endorsement “Committee to Elect Harold Beck.” Id.

At the close of the Commonwealth’s case, Smith’s counsel moved to dismiss the charges against her as de minimis, and the trial court granted the motion. R.R. 402a., '446a. From that point on, Smith’s counsel represented Beck. Ultimately, the jury convicted Beck on three counts: failing to register a political committee; failing to file an annual report on behalf of the committee; and improperly filing a report indicating his campaign reporting requirements were terminated. Following denial of Beck’s post-sentence motions by operation of law, Beck filed the instant appeal.

I.

Beck first contends there was insufficient evidence to support each count upon which he was convicted by the jury.

In evaluating a sufficiency of the evidence claim, we must determine whether the evidence and all reasonable inferences deducible therefrom, viewed in a light most favorable to the Commonwealth as verdict winner, are sufficient to establish the elements of the offenses beyond a reasonable doubt. Commonwealth v. Drumheller, — Pa. —, 808 A.2d 893 (2002) (No. 327 CAP). Any question of doubt is for the jury, as fact-finder, unless the evidence is so vyeak and inconclusive that, as a matter of law, no probability of fact can be drawn from the combined circumstances. Commonwealth v. Galindes, 786 A.2d 1004 (Pa.Super.2001). As fact finder, the jury is free to believe all, part, or none of the evidence and to determine the credibility of the witnesses. Commonwealth v. Begley, 566 Pa. 239, 780 A.2d 605

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Bluebook (online)
810 A.2d 736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-beck-pacommwct-2002.