Frank Schmuck Research Book - Final · Donald Trump Wannabe Schmuck is all-in on Donald Trump, frequently praising Trump on Facebook and Twitter. A sampling is below: Lauded Trump’s

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Confidential

Red Cedar Research

414 Ardson

East Lansing, MI 48823 517-410-5690

Frank Schmuck Republican Candidate for Arizona State Senate

in Legislative District 18

Research Report September 2016

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Table of Contents Table of Contents ................................................................................................................. 2

Executive Summary .............................................................................................................. 3

Biography & Background .................................................................................................. 21

Property Ownership – 8006 S. Dateland, Tempe ........................................................ 34

Property Ownership – 233 West Krista Way, Tempe ................................................. 37

Legal Issues .......................................................................................................................... 44

Political Background .......................................................................................................... 50

Abortion and Life Issues ................................................................................................... 61

Budget Issues ....................................................................................................................... 62

Campaign Finance, Election Law and Reform Issues ................................................. 64

Criminal Justice, Policing & Prisons ............................................................................... 66

Education .............................................................................................................................. 68

Environmental Issues......................................................................................................... 74

Gun Issues ............................................................................................................................ 75

Health Issues ....................................................................................................................... 80

Immigration and Minority Issues .................................................................................... 83

Labor & Working Families ................................................................................................. 84

LGBTQ Issues ....................................................................................................................... 86

Other Issues ......................................................................................................................... 88

Roads and Infrastructure ................................................................................................. 89

Tax Issues ............................................................................................................................. 90

Appendix I – Campaign Finance...................................................................................... 93

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Executive Summary

Confidential

DT: September 1, 2016 TO: Interested Parties FR: Brian Walsworth RE: Research on Frank Schmuck The following report contains research on Frank Schmuck, the Republican candidate for Arizona State Senate in Legislative District 18. Research for this report was conducted by Red Cedar Research in August 2016. Hundreds of news articles, public documents, business records, campaign contributions and other materials were examined and researched in the preparation of this report. Yet, this research report – or any research report, for that matter – is not completely perfect… or ‘completely complete.’ There may be omissions, areas that require further exploration, and yes, even a potential error or typo that can be inherent in a project this size. This is particularly true given the scope of this report and the short time frame under which it was prepared. Significant effort has been made to ensure the accuracy of this report. However, before using the materials contained in this report for use in any public forum, always double-check the facts to verify your claims. Should further information be needed on a particular topic, please feel free to contact us.

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Significant Findings

Donald Trump Wannabe Schmuck is all-in on Donald Trump, frequently praising Trump on Facebook and Twitter. A sampling is below: Lauded Trump’s Character

Trump Makes Schmuck Proud to Be an American

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Predicted Trump Would Win, Build a Wall

Defended Trump Against Allegations of Racism

Wants to Build a Wall Supports “Legal Immigration Only,” Building a Wall Schmuck says that he supports “legal immigration only” and, like Donald Trump, advocates for building a wall. “I believe, like the Republican platform, that we need to build a wall and create an environment that inspires legal Immigration only,” Schmuck said in a 2016 op-ed. [Ahwatukee Foothills News, 8/26/16]

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On his campaign web site, he says he “believes in protecting our borders by building a wall and creating an environment that encourages legal immigration to the United States.” [http://www.teamschmuck.com/issues]

Republic: Schmuck Ad Was “Misleading,” Firefighters Called It False

Republic Said Schmuck Ad Was “Misleading,” Firefighters Called it False In 2016, Schmuck’s campaign paid for a digital billboard that read “Firefighters vote Schmuck for Arizona Senate.” The Arizona Republic called the advertisement “misleading” and the Professional Firefighters of Arizona called it “false.” According to the Arizona Republic, “Soon after Schmuck’s ad began appearing on the billboard last week, the Professional Fire Fighters of Arizona, the state’s largest firefighters organization, criticized it as false.” The Firefighters said that Schmuck’s ad implied that he had received firefighters’ endorsement, when in fact, the group had endorsed Schmuck’s opponent in the District 18 race, state Sen. Jeff Dial. The Republic’s AZ Fact Checck agreed, calling the ad “misleading.” [Arizona Republic, 8/26/16]

Schmuck Claimed Ad Was a Call to Action and Not Meant to Imply Endorsement

According to the Republic, “Schmuck told AZ Fact Check the ad was not intended to imply an endorsement but rather as a call to action for firefighters to vote for him.” “Schmuck penned a response to the firefighters group, saying: “The image you have called into question was not intended to, nor does it, in our estimation and that of many others in media who reviewed it, imply that your local union endorses me for Arizona Senate.”

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He said he had the ad pulled from the billboard after the firefighters complained. [Arizona Republic, 8/26/16]

Extreme on Choice Opposes Abortion Even in Cases of Rape or Incest On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Prohibiting abortion except when it is necessary to prevent the death of the mother.” Schmuck indicated that he supported this position and added, “I am Pro-Life and support the decision of qualified medical personnel in this instance.” [Center for Arizona Policy questionnaire]

Criticized Dial for Voting Against Budget That Slashed Education

Supported 2015 Budget That Cut Higher Education, K-12 In an August 2016 Tweet, Schmuck criticized Dial for voted “against Gov Ducey’s budget last year.”

Dial Voted Against Budget Cutting Higher Education Funds by $99 Million, $146 Million from K-12 In March 2015, Dial voted against a general appropriations bill for 2015-2016 that contained dramatic cuts. The budget:

� Cut $146 million from K-12 district schools and charter schools;

� Cut funding for universities by $99

million;

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� Cut funding for health-care providers

by 5 percent; � Made Arizona the strictest state in the

nation for assistance to poor families raising children, in part by zeroing out state funding for child care vouchers for low-income working families, leaving children in dangerous and unstable situations while their parents go to work;

� Cuts $11 million out of the Department

of Child Safety budget to handle the backlog of child abuse and neglect cases, and zeroed out Governor Ducey’s request for $3.3 million in more funding for an anticipated increase in child neglect and abuse reports.

Overall, the budget was a 2.4 percent cut from the previous budget. [ABC15, 3/7/15; Arizona Republic, 3/7/15] The budget passed and was signed into law. [SB 1469 bill status]

Radical Tax Plan Proposes Radical Tax Plan That Would Create New Consumption Tax During his campaign, Schmuck has said that he “favors eliminating the personal income tax in Arizona” and “replacing it with a consumption fee on all items except basic food and clothing in order to protect those on a fixed income.” “I want to sponsor carefully drafted legislation to do this, and when we do business will come and you will have more control of your own money,” Schmuck promises.” [http://www.teamschmuck.com/issues.aspx; Ahwatukee Foothills News, 8/26/16]

Schmuck Proposed Gradual Reduction in Income

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Tax, Replaced by Gradual Increase in New Consumption Tax According to Schmuck, “It is possible to write responsible legislation that eliminates our state income tax over several years. Seven other states do not have a state income tax. North Carolina is on a 10-year plan to eliminate theirs; we can beat them.” Schmuck’s plan calls for “drawing down our state income tax by 1 percent per year and replacing it with a consumption fee of .25 percent per year on items except basic food and clothing” so that “we protect those on fixed incomes, yet inspire people to be productive.” According to Schmuck, “The average resident could save $1,660 a year.” [Ahwatukee Foothills News, 8/18/16] Proposal Would Exempt Food and Clothing, But Include Many Other Necessities Because Schmuck’s plan would only exempt “basic food and clothing,” it only stands to reason that a significant number of necessities would be subject to the tax. For example: • Medicine • Gas • School supplies • Energy bills Schmuck Praises North Carolina Plan, Which Would Hurt Working Families, Help the Wealthy "It's not a progressive tax, where those at the higher end pay more and those at the lower end pay less," said Bill Rowe, general counsel and director of advocacy for the left-leaning North Carolina Budget and Tax Center. "Everybody's paying the same amount, and so, if you're of modest means, you're going to be paying a lot more in taxes that way."

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Republican lawmakers contend that those costs will be offset by lower income taxes. Rowe notes, however, that many low-income families don't owe any state income tax, so they won't benefit from a cut. "It just really appears to be making up for cuts for folks at the higher end and corporations, which really does strike me as being a very unfair way to go," Rowe said. [WRAL, 1/17/13]

Journal of State Taxation: Consumption Taxes Could Result in Wealthy Who “Pay Virtually No Tax” According to a 2015 article in the Journal of Taxation, consumption taxes are noted by “the lack of progressivity” and can help the wealthy while pushing the tax burden onto lower-income families. From the Journal of Taxation:

When considering the disadvantages of a consumption tax system, the most prominent disadvantage is the lack of progressivity. Because all taxpayers pay the same amount of tax on the goods and services subject to tax, the percentage of total income/budget comprised of tax will be less for wealthier individuals than for lower-income families. Indeed, because tax is only paid on consumption, a situation could arise in which wealthier individuals and families pay virtually no tax if these taxpayers choose to save all of their income, while lower-income taxpayers have no choice but to spend their earnings in order to survive. [Journal of Taxation, “Trends in State Taxation: Consumption Tax Versus Income Tax,” 2015]

Way Out There on Guns Life Member of the NRA Schmuck says that he is a Life Member of the NRA, and

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believes that “the right to carry a gun is a basic right of all citizens and residents, guaranteed by the Constitution.” [http://www.teamschmuck.com/issues.aspx]

Received NRA’s Highest Grade for Non-Incumbents Though he was not endorsed by the NRA in the LD 18 primary, Schmuck received the National Rifle Association’s highest grade for non-incumbents, “AQ.” [https://www.nrapvf.org/grades/Arizona/] Schmuck Predicts Lasers Will Replace Assault Rifles “Cuz We Evolve”

Schmuck: If We’re Going to Ban Guns, We Have to Ban Planes and Fertilizer Too

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Opposed Medicaid Expansion Criticized Dial for Supporting Medicaid Expansion

Won’t Stand Up for LGBTQ Community Opposes Nondiscrimination Protections for LGBTQ Community On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Adding ‘sexual orientation,’ ‘gender identity,’ or ‘gender expression’ to the protected classes of race, religion, age, sex, and ancestry in nondiscrimination law.” Schmuck indicated that he opposed this position and added, “I am Pro-Life and support the decision of qualified medical personnel in this instance.” [Center for Arizona Policy questionnaire]

Supports ‘Religious Freedom’ On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Prohibiting government from discriminating against an individual, organization, or small business based on their beliefs about marriage.” Schmuck indicated that he supported this position and added, “"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise

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thereof;" Marriage is a religious term.” [Center for Arizona Policy questionnaire]

Clean Elections Commission Found Schmuck Unintentionally Broke Law

Found to Have Unintentionally Violated Elections Laws In August 2008, just a week before the primary, the Clean Elections Commission announced that it was investigating whether Schmuck failed to report expenses and in-kind contributions for fundraising events. The investigation was triggered by a citizen complaint. Dominic Cota of south Phoenix said that Schmuck, a Persian Gulf War veteran and commercial airline pilot, flew in a private vintage plane at Chandler's Stellar Air-park to kick off his candidacy but did not reimburse the owner for campaign travel as the law requires. Cota also said that Schmuck didn't report in-kind contributions by two comedians who performed at an Ahwatukee Country Club fundraiser, Cota said. [The Arizona Republic, 8/28/08 & 8/27/08]

Schmuck Denied Doing Anything Wrong Schmuck said he flew in the backseat of a P-51 Mustang fighter plane but argued that no actual travel took place since the flight only consisted of a takeoff, flyby and landing. The candidate also said that the comedians volunteered their services at his fundraiser. "We followed the letter of the law," said Schmuck, who pointed out that he had attended a Clean Elections workshop this year to better understand Arizona statutes. "We honestly tried to do the right thing." [The Arizona Republic, 8/28/08 & 8/27/08]

Clean Elections Director Said Schmuck May Have Violated Law in Other Ways Todd Lang, the commission's executive director, wrote

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in a report that there was no reason to believe Schmuck had broken Clean Elections laws in the two instances. But the candidate may have violated several other laws, Lang wrote, specifically when Schmuck failed to report all costs from the event as campaign expenses and did not pay them out of his campaign account. [The Arizona Republic, 8/28/08 & 8/27/08] Commission Did Not Assess Fines, Said Schmuck’s Mistake Unintentional The Commission and Schmuck agreed that he may have unintentionally violated the law by failing to report contributions related to a campaign fundraiser at the Ahwatukee Country Club. The Commission decided not to assess any fine because Schmuck cooperated with the agency and acted in good faith. [The Arizona Republic, 9/21/08]

Trying to Buy His Way Into Office Schmuck Has Spent Over $90,000 of His Own Money Trying to Buy His Way Into Office Schmuck has contributed over $90,000 to his campaign for the State Senate in 2016. [Arizona Secretary of State]

Kind of Insane Legal Jousting with Neighborhood Association Rivals

NOTE: We are awaiting records pertaining to this issue that may shed further light on this matter. However, it should be noted that available court records give the impression at this point that Schmuck was more a victim than the problem. Schmuck Accused of Moral Turpitude, Harassment, by Community Association Rivals In August 2004, Frank and Andrea Schmuck filed a lawsuit against Michelle T. Ford, James H. Ford III, Annette M. Bau

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and James Grant Kenehan Jr in Maricopa County Superior Court. The Schmucks, the Fords and the Bau/Kenehans were neighbors in the Alisanos and members of the Community Association. Schmuck was the Vice President of the Alisanos Community Association. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

Letter Said Schmuck Committed a Crime of Moral Turpitude According to the complaint, on October 23, 2003, an anonymous letter was sent to the Tempe Police Department alleging that Schmuck had committed a crime of moral turpitude. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] NOTE: We have requested a copy of this incident report.

Assigned Officer Found No Crime According to the complaint, Tempe Police Officer C.K. Shumaker was assigned to investigation the allegations in the letter and on November 4, 2003, cleared Schmuck citing “no crime could be established.” [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

Postcards Said Schmuck was a Danger to the Community Also according to the complaint, on December 7, 2003, approximately two hundred fifth yellow postcards were sent by U.S. Mail to residents of the Alisanos Community Association from an anonymous party alleging that Schmuck posted a “DANGER” to the community. Language on the card accused Schmuck of a crime of “moral turpitude.” [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

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Michelle Ford and Annette Bau Filed Injunctions Against Schmuck On January 28, 2004, Michelle Ford and Annette Bau filed petitions for injunctions against harassment in the Chandler Justice Court which described similar, if not identical, events as those alleged in the letter to the Tempe Police Department from October 23rd. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

Injunction Included Elementary School as Protection Location According to the complaint, Schmuck was served the injunction on February 3, 2004. The injunction identified Waggoner Elementary School as a protected location. According to the complaint, Ford’s son attends Waggoner. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Schmuck Was Scheduled to Appear At Waggoner the Next Day According to the complaint, Schmuck was scheduled to appear at Waggoner on February 4, 2004 to participate in the “Adopt-a-Pilot” program sponsored by Southwest Airlines and the Arizona Department of Education. Schmuck was a speaker and presenter, with other pilots and teachers. Additionally, a state Senator and a representative from the DPE were scheduled to be there. Schmuck’s attorney advised the court, Ford and Bau of Schmuck’s scheduled appearance in his official capacity and Schmuck attended the event and did not make contact with Waggoner’s son. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

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Ford Alleged Schmuck Violated Injunction, Called Police On February 4th, according to the complaint, Ford contacted the Tempe Police Department and alleged Schmuck had violated the injunction by going to the school. The Tempe Police opened an investigation. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

NOTE: We have requested a copy of this incident report.

Court Ordered That Injunctions Be Quashed On February 12, 2004, a hearing was held on the injunctions to determine the sufficiency of the allegations. After a hearing, a judge ordered that the injunction be quashed. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Case “Exceptionally Cleared,” Then Re-Opened Subsequently, on March 8, 2004, the case of the violation of the injunction was “exceptionally cleared” after Ford informed the detective the injunction was quashed and she no longer wished to aid in prosecution. However, on March 16, 2004, Ford contacted the police Sergeant again indicated she now wished to aid in prosecution. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Summons Issued, Case Dismissed On May 13th a summons was issued for failure to comply with a lawful court order.

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However, on June 8, 2004, the case was dismissed. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

Schmuck Accused Ford and Bau of Sending Postcards and Making Police Complaint Schmuck accused Ford and Bau of distributing the postcards and making the complaint to the police. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Schmuck Alleged Defamation and Libel Schmuck alleged that Ford and Bau’s actions were libelous and defamatory, saying the information was “false, misleading, derogatory and defamatory information which was designed to bring harm, shame, disgrace and reputational damage” to the Schmucks. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Schmuck Demanded Damages Schmuck claimed that the defendants’ actions caused injuries, including but not limited to loss of wages, incurred legal fees, damaged reputation resulting in discontinuance of community service programs headed by Schmuck, and emotional distress suffered by Andrea Schmuck. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Schmuck Alleged Defendants Misused Judicial System Schmuck said that the defendants’ had repeatedly misused the judicial system to further their ulterior motives of a political agenda with respect to the Community Association and to destroy Schmuck’s reputation. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

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Other Allegations: False Light & Infliction of Emotional Distress Schmuck further alleged and demanded damages from charges including portraying him in a “False Light,” intentional infliction of emotional distress. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Schmuck Alleged Assault Schmuck further alleged that on January 27, 2004, Ford verbally attacked the Schmucks as they crossed a parking lot going into an Alisanos Community Association meeting. Schmuck further alleged that Ford, “sped off in her Escalade, turned the vehicle around, screeching the tires, and headed toward [the Schmucks.” Ford then applied her brakes, allegedly narrowly missing the Schmucks. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Defendants All Denied the Charges The defendants all denied the charges in Schmuck’s complaints and demanded attorney’s fees. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Settlement Reached, Case Dismissed On November 7, 2005, the parties filed a Settlement Notice and a Stipulation for Dismissal With Prejudice. The case was dismissed on January 10, 2006. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

For Further Information We encourage questions, comments or requests for further information about this report. If there is information missing that should be included,

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or something that doesn’t appear to be correct, let us know and we’ll do our best to track it down, and if necessary, correct it. Please feel free to contact Brian Walsworth at 517-410-5690.

Disclaimer By accepting this report, you are accepting responsibility for all information and analysis included. Therefore, it is your responsibility to verify all claims against the original documentation before you make use of it. Make sure you understand the facts behind our conclusions before making any specific charges against anyone. Double-check the original documentation from which we have drawn our conclusions before incorporating these findings into direct mail, radio, television, or any statements from your campaign. Please call us if you are unclear about anything.

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Biography & Background

This section provides background information on Schmuck’s personal life, including his family, religion, education, professional career and other areas.

Born Frank Charles Schmuck was born March 14, 1966 in York, Pennsylvania. [The Arizona Republic, 1/7/06; Maricopa Superior Court Case No. CV2013-004048]

Comes from a Long Line of Veterans

He comes from a long line of veterans with both grandfathers having served in World War II and his maternal grandfather a prisoner of war for five years. [The Arizona Republic, 1/7/06]

Name Legally Changed to Francois Charles Louis Schmuck to Honor Mother, Grandfather In May 1986, Schmuck had his name legally changed to Francois Charles Louis Schmuck to honor his mother, who did not speak English at the time of his birth and wanted him to be named Francois, and his grandfather, Louis. [Maricopa Superior Court Case No. CV2013-004048] Name Legally Changed Back to Frank Charles Schmuck in 2013 In 2013, Schmuck filed a request in Maricopa County Superior Court to have his name legally changed back to Frank Charles Schmuck. According to court filings, “Applicant, employed in the airline and law enforcement industries, has since found it difficult to operate under the changed name and is now requesting his name be changed back to his original birth name.” His request was granted. [Maricopa Superior Court Case No. CV2013-004048] Joked About Not Changing Last Name

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Address In November 2012, Schmuck purchased a home located at 8006 Dateland in Tempe, Arizona for $538,000. [Maricopa County Recorder; Zillow.com]

Education Schmuck attended Dallastown Area High School in York, Pennsylvania and in 2005 received the school’s “Outstanding Alumnus Award.” [The York Dispatch, 8/30/05]

Schmuck attended the Air Force Academy [The Arizona Republic, 1/7/06] Family Schmuck lives with a woman named Connie Sunday. They were engaged in 2012. [Frack C. Schmuck Facebook Page, November 2012] It is unclear when they met. As recently as 2014, Sunday owned a home in Santa Cruz, California. [Santa Cruz County Assessor; Lexis Nexis] In 2015, Schmuck added Sunday to the deed of his home at 8006 S. Dateland in Tempe, Arizona. [Maricopa County Recorder] Sunday appears to have two daughters who live with them. [Connie Sunday Facebook]

Shmuck Divorced in 2009 In December 2008, Schmuck filed for divorce from his wife, Andrea Schmuck. The case is listed as taking place in “Family Court Without Children.” In March 2009, the divorce was granted. [Maricopa County Superior Court, Case No. FN2008-004062]

NOTE: A copy of the case file from the divorce has been requested from Maricopa County Superior Court.

Ex-Wife Appears To Have Been Charged with a DUI Before Divorce… In January 2008, an Andrea Schmuck was ticketed for a DUI, speeding and failure to have proof of insurance.

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The charges were reduced with a guilty plea of “DUI – Impaired to Slightest Degree.”

Case Information Case Number: M-0741-3755091

Title: St of Az vs SCHMUCK Category: Traffic Court: Phoenix Municipal Filing Date: 1/3/2008 Judge: N/A Disposition Date: 2/21/2008

ANDREA SCHMUCK DEFENDANT - D 1 Date of Birth: 12/1964Citation Count Description Disp. Date Disposition

PPD13532365 1 DUI-IMPAIRED TO SLIGHTEST DEGREE

2/20/2008 PLEA GUILTY/RESP SENT IMPOSED

PPD13532365 2 DUI-ALCOHOL CONCENTRATION > .08

2/20/2008 COMPL DISMISSED BY COURT

PPD13532365 3 EXTREME DRIVING UNDER THE INFLUENCE


PPD13532365 4 SPEED > REASONABLE/PRUDENT; AVOID COLL


PPD13532365 5 FAIL TO PRODUCE EVIDENCE OF FIN. RESP.


[Phoenix Municipal Case No. M-0741-3755091]

… and Again in 2010 After Divorce

In 2010, an Andrea Schmuck was charged with an extreme DUI, a DUI, a DUI involving a combination of drugs and alcohol, speeding and failure to show proof of insurance. All of the charges were initially dropped. [Chandler Justice Court, Case No. TR2010-135002] A new case was reopened in 2011, presumably because Schmuck had failed to comply with the terms of her agreement with the court. She was found guilty of three of the charges. After failing to appear in court following sentencing, an administrative hearing of some kind was held. No action has been taken on the case since 2012. [Chandler Justice Court, Case No. TR2011-105802]

Religion

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Schmuck says that he is Catholic. Military and Career Highlights The following is a brief overview of Schmuck’s military and professional career:

• United States Airforce Schmuck attended the Air Force Academy, and then served in the Air Force Persian Gulf War in 1991 (one article says August 1990). [various; The Arizona Republic, 12/12/07 & 1/7/06; AP, 3/19/03]

o Schmuck “Flew Several Missions to the Gulf” A 2003 article says that Schmuck “flew several missions to the Gulf beginning in August 1990.” The same article says he returned stateside in May 1991. [AP, 3/19/03]

o Primarily Flew Wounded from Iraq to Germany

According to news accounts, Schmuck’s primary mission in Iraq was to transport the wounded to Germany. [The Arizona Republic, 10/15/11 & 1/7/06]

o Narrowly Missed SCUD Attack Some articles claim he narrowly missed an attack with a SCUD missile, which killed 28 American servicemen and women. Schmuck airlifted men from the battlefield to safety and received the Air Force's Air Medal. [The Arizona Republic, 10/15/11 & 1/7/06] In one article, this attack happened in Dhahran, Saudi Arabia, but another indicates he was delivering Patriot missiles to Israel. It is possible that both are true. [The Arizona Republic, 10/15/11 & 1/7/06]

o Honored as Grand Marshall in Veteran’s Day Parade In 2011, Schmuck was honored, along with several other Veterans, as a grand marshall in Phoenix VA Health Care System’s Veterans Day Parade. [The Arizona Republic, 11/9/11]

o Schmuck Was Sick When He Returned, Blamed Vaccines By May 1991, Schmuck returned to the states 40 pounds lighter, suffering from insomnia, fatigue and muscle aches that made sitting in a chair excruciating.

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"I had no meat on my bones," he said. "I felt like I had brain fog." [AP, 3/19/03]

� Schmuck Believes He Was Poisoned by Vaccine

Preservative

After researching his illnesses, Schmuck believes he was poisoned by a preservative used in the multiple vaccines he was given before serving in the gulf. The preservative, thimerisol, is an ethylmercury-based compound that was used in childhood vaccines until 1999. Vaccine-makers, under pressure from Congress, re-moved thimerisol from children's vaccines because of its potential risk as a neurotoxin. But the preservative remains in many adult vaccines, and Schmuck said he believes he received more than the allowable limits by getting several vaccinations at the same time. [AP, 3/19/03]

� V.A. Doctor: Not Likely Vaccines to Blame

Dr. Nanette Auriemma, a doctor with the Carl T. Hayden VA Medical Centerin Phoenix who has treated more than 200 Gulf War Syndrome patients for more than two years, is doubtful thimerisol is to blame.

Of all the studies looking for a cause, not one of them has pointed to thimerisol, she said. Instead, environmental toxins are the likely cause, she added.

"The problem is that most of these cases are just vague symptoms," Auriemma said.

More research is needed, she said, to find a source for the illnesses. [AP, 3/19/03]

� Schmuck Had Controversial Treatment Schmuck said he overcame the syndrome by having several mercury fillings replaced in his teeth and undergoing a controversial process known as chelation to remove heavy metals, namely mercury, from his body. After regaining weight, strength and energy, Schmuck got his

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pilot's license reinstated. But he worries about troops headed to the gulf for a possible war in Iraq. “All you can do is ask for thimerisol-free (vaccines) if you're due for multiple vaccines," he said. Other veterans share Schmuck's concerns about another crop of vets returning home ill after the Iraq conflict is over. [AP, 3/19/03]

� Later Sued Vaccine Manufacturer Schmuck had other health problems appear in 1996, including frequent urination and short-term memory loss. By April 1999, Schmuck had to pull himself from his commercial airline pilot's job. He said he couldn't eat or sleep well, had an inflamed and bleeding gastrointestinal track, and saw his weight plummet from about 175 pounds to 138 pounds. In a lawsuit filed in California Superior Court, Schmuck and his wife, Andrea, claimed the mercury-based preservative thimerosal in the vaccines he had taken over 13 years poisoned him. [Air Force Times, 12/16/02]

� Sued 13 Pharmaceutical Companies

The couple sued 13 pharmaceutical firms that either made or marketed vaccines containing thimerosal, or the actual preservative thimerosal, alleging negligence, breach of contract and unfair business practices. Schmuck, 36, said he hoped his suit leads to the removal of thimerosal from all vaccines and "that we recognize that this is a contributing factor to Gulf War illnesses." [Air Force Times, 12/16/02]

� Tests of Hair Samples Showed Mercury at 30X Average

Seven months after he stopped flying, tests on his hair samples showed mercury levels nearly 30 times those found in an average human, he said in a paper he wrote in a newsletter for pilots.

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Schmuck received detoxifying treatments for nearly a year and returned to flying more than two years after he had stopped, he said. [Air Force Times, 12/16/02]

� Considered Iraqi Oil-Well Fires, But Concluded it Was

Vaccines In investigating what could have caused mercury poisoning, he considered, among other possibilities, oil-well fires ignited by Iraq. Schmuck concluded, however, it was vaccinations that made him ill. Thimerosal was in the immune globulin, tetanus, diphtheria, flu and meningococcal vaccinations Schmuck received, according to his attorney's office. [Air Force Times, 12/16/02]

• Pilot for Southwest Airlines

Schmuck is a pilot with Southwest Airlines. He reportedly trained pilots to fly the Boeing 707. [East Valley Tribune, 8/9/08; The Arizona Republic, 10/3/07 & 1/7/06]

Community Service The following is an overview of Schmuck’s lengthy involvement in the community:

• President, Arizona Veterans Hall of Fame In 2008, Schmuck was referenced as the President of the Arizona Veterans Hall of Fame. Schmuck is also, himself, a member of the hall of fame. Schmuck was the youngest member ever inducted. [Phoenix Business Journal, 12/23/08; The Arizona Republic, 10/4/08 & 2/4/06]

o Guest Speaker at Gilbert Veterans Day Ceremony In 2008, Schmuck was the guest speaker at the Gilbert Historical Society’s Veterans Day Ceremony. [East Valley Tribune, 11/9/08]

o Hosted Talk About Stolen Iraqi Museum Artifacts In November 2007, the Arizona Veterans Hall of Fame Society

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hosted Matthew Bogdanos to speak and share his book, Thieves of Baghdad, which details his mission to recover ancient artifacts stolen from an Iraqi museum by opportunistic thieves during the Gulf conflict.

"They're not war artifacts. They're things that date back well before Christ," said Schmuck, president of the Arizona Veterans Hall of Fame Society. "Many of them are gold, bronze, the kinds of things that you would find in a world-class museum. They were in an Iraqi museum (and) were stolen. They were looted. So these guys had to go find them and not get killed doing it." [The Arizona Republic, 11/1/07]

• Founded Tempe Dollars for Scholars

Schmuck founded the Tempe chapter of Dollars for Scholars around 2006. Dollars for Scholars was founded by a Massachusetts optometrist who decided that if everyone in a community kicked in $1 for a scholar-ship, more kids could afford to continue their education.

In 2009, Schmuck said the scholarships, ranging between $1,000 and $2,000, are given to students on the basis of their applications and an objective scoring system.

"Preference is given to need," Schmuck said. "And we also look at recommendations from teachers as well as their performance in school." [The Arizona Republic, 4/25/09]

o Appears to Sponsor Scholarship in His Name Schmuck appears to also sponsor a scholarship in his own name. A 2009 article about Dollars for Scholars lists one of the winners as having received the “Frank Schmuck Leadership Scholarship.” [The Arizona Republic, 4/25/09]

• President and Chairman, Voices Take Flight

In September 2008, Schmuck was referenced as the President and Chairman of Voices Take Flight, which is devoted to heightening awareness of neurological disease.

Schmuck says he founded the non-profit organization in 2002 in honor of Lt. Col. K.C. Schow Jr. and Maj. Michael Donnelly, two close friends of his who died. [The Arizona Republic, 9/19/08; The Arizona Republic, 10/3/07]

• Participated in Assistance League Fashion Show

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In 2009, Schmuck participated in the Assistance League's 17th annual "Swing into Spring" luncheon and fashion show at the Arizona Grand Resort, Phoenix. According to a column about the event, Schmuck had been modeling for several years already, at the time.

The Assistance League is an all-volunteer, non-profit organization. Its mission is "to put caring and commitment into action" by assisting and serving residents of Southeast Valley communities. Operation School Bell, one of its programs, provides new clothing, shoes and hygiene items to needy students referred by their schools.

In addition, the Assistance League provides clothing and personal care items to victims of assault. It holds monthly socials at two adult day care facilities. [The Arizona Republic, 4/17/09]

• Past Kiwanis President

In April 2008, Schmuck was referenced as a past president of Kiwanis Nuevo Club in an article about a candidate forum that a club was hosting for Tempe City Council candidates. [The Arizona Republic, 4/24/08] His candidate web site says that “Frank is a Kiwanis Nuevo Club Past President and Hixson Fellow.” [teamschmuck.com]

• Organized “SchmuckFest” in 2006

In 2006, Schmuck organized a charity baseball roast in Phoenix called SchmuckFest.

Schmuck recruited former Arizona State baseball great Roger Schmuck and Baltimore Sun columnist Peter Schmuck to create a sports comedy roast befitting our name and benefiting American Legion Baseball and the Arizona Major League Alumni Association.

The 2006 roast featured Baker, Hall of Fame pitcher Bob Feller and Arizona Diamondbacks star Luis Gonzalez, who were roasted by professional comedians and given awards for their charitable and community activities. [The Baltimore Sun, 2/26/06]

• Delivered Letter From Best Friend of Boy With Cancer to Luis Gonzales

In 2006, Schmuck drove to the home of Diamondbacks player Luis Gonzalez and left a letter from the best friend of a little boy who was in the hospital with cancer. Because of Schmuck’s delivery, Gonzalez visited

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the boy in the hospital. [The Arizona Republic, 10/1/06]

• Other Affiliations Schmuck’s campaign web site lists numerous community organizations and committees in which he has been involved. These have not been confirmed.

o ALS Association Arizona Chapter, Past Board Member

o America United in Memory, Emblem Co-Creator (Donated to

American Red Cross)

o American Legion, Member

o American Motorcycle Association, Member o Arizona Veterans Hall of Fame Society, Inaugural President o Dallastown Area High School Alumni Association, Past Chair o Federal Law Enforcement Officers Association (FLEOA), Member o Home Owner Association, Past Vice-President and Board Member o Kiwanis International, Past Club President, Life Member, Hixson

Fellow o Legislative District 18 Republicans, Elected Precinct Committeeman

o Maricopa County Veterans Medical Leadership Council o Military Officers Association of America, Life Member o Military Order of the World Wars, Life Member o National Rifle Association, Life Member o Republican National Committee, Life Member o U.S. Congressional and Senatorial Military Service Academy

Selection Board, Member o Service Academy Alumni Association, Member

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o Southwest Autism Resource and Research Center (SAARC), Past Member

o SSN-702 Society, Past Fleet Admiral o St. Andrew the Apostle, Member, Cantor, Lector o Tempe Historical Museum Advisory Board, Past Member o Tempe Sister Cities, Life Member o U.S. Air Force Academy Association of Graduates, Life Member and

Past Board Member

o U.S. Air Force Academy - Ecole de l'Air Echange Association, Member

o U.S. Air Force Academy Sabre Society, Member

o U.S.S. Phoenix Commission, Past Board Member

o Veterans Medical Leadership Council, Past Board Member

o Veterans of Foreign Wars (VFW), Life Member

Jokes and Comments About His Name Schmuck’s name lends itself to frequent jokes. Below is a sampling:

Because of Name, Schmuck Has No Choice But To Go Into Politics In June 2014, an article about people with great names for their job. The article said, “There is a school of thought, nominative determinism, which says people some-times go into a job because of their name. Thus Frank Schmuck may have no option other than to go into local politics in Arizona.” [Anderson Independent-Mail / Scripps, 6/3/14]

Arizona Republic: A Leach, a Nutt and a Schmuck Walk Into a Bar… In June 2016, The Arizona Republic ran a story called “These Candidates Lack the Right Family Name” about Rep. Vince Leach (R-Tucson), Becky Nutt (running for the House in Clifton) and Schmuck. “If only we could get these three to walk into a bar together, we’d have something,” the story said. [The Arizona Republic, 6/5/16]

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LTE: If Elected, Schmuck Will Be “Surrounded By A Large Number of Schmucks” In August 2016, an Alvin Stein of Phoenix wrote the following letter to the editor of The Arizona Star:

“I see that Frank Schmuck is having fun with his name in running for the Arizona Senate. I'd just like to reassure him that if elected in a very right-wing conservative state, he will be surrounded by a large number of Schmucks, so he'll feel right at home.” [The Arizona Republic, 8/30/16]

Columnist: I Would Consider A Name Change If My Last Name Was Schmuck In March 2011, an opinion columnist in Ohio did a story titled “Don’t Change Your Name, Celebrate It.” However, apparently that sentiment didn’t carry over to Frank Schmuck. The column said, “I think if I were a politician, I seriously would consider a name change if my last name was Schmuck. Although, I am sure there are those who would call me that anyway.” [Coschocton Tribune, 3/6/11] Campaign Signs Said “Vote Schmuck … That’s Right, Frank Schmuck” In 2008, Schmuck’s campaign signs said, “Vote Schmuck ... That's Right, Frank Schmuck." And the first "Schmuck" was in gigantic lettering. [The Arizona Republic, 7/17/08]

2008 Campaign Sign Theft Because of Name? In 2008, Schmuck reported that half of the 4-foot by 8-foot signs posted across the district by his campaign had been stolen, Schmuck wasn't sure whether to chalk it up to his name or jealousy over his campaign's success. Either way, he's reportedly wasn’t happy about it, and not just because of the drag it might have on his campaign. As a Clean Elections candidate, Schmuck said those signs were purchased with public funds, so the thieves are essentially stealing from taxpayers. "If I'm not willing to stand up and fight for that, what kind of legislator would I be?" he asked. [Arizona Capitol Times, 8/8/08]

At Fundraiser: “Good to Know I’m Not the Only Schmuck Here”

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At a 2008 campaign fundraiser, Schmuck told the crowd it was “nice to know I wasn't the only Schmuck here today.” [The Arizona Republic, 4/11/08]

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Property Ownership – 8006 S. Dateland, Tempe


� Purchased home in 2012

� Added Connie Sunday to the deed in 2015

� Property taxes have been paid on time since purchase

� A late property tax payment in 2012 appears to be the fault of

the previous owner Co-Owns a Home Located at 8006 S. Dateland in Tempe In November 2012, Schmuck purchased a home located at 8006 South Dateland in Tempe, Arizona for $538,000. [Maricopa County Recorder; Zillow.com]

Added Connie Sunday to Deed in 2015 In 2015, Schmuck added Connie Sunday to the deed on his home at 8006 S. Dateland in Tempe, Arizona. Schmuck and Sunday entered into a joint tenancy deed.

[Maricopa County Recorder]

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Property Taxes Have Been Paid On Time Since Purchase Since purchasing the property, Schmuck has been on time in paying property taxes for the home. In 2012, a late payment was recorded, but it appears that this late payment is attributable to the home’s previous owner. The following table provides an overview of Schmuck’s property tax payment history: Tax Year

Status Assessed Tax

Amount Due

Interest Paid

Penalties Paid

Amount Paid

2016 Unpaid $5,004.76 $5,004.76 $0.00 $0.00

2015 Paid $4,568.76 $0.00 $0.00 $0.00 $4,568.76

2014 Paid $4,351.30 $0.00 $0.00 $0.00 $4,351.30

2013 Paid $3,853.22 $0.00 $0.00 $0.00 $3,853.22

2012 Paid $4,448.62 $0.00 $29.66 $0.00 $4,448.62 [Maricopa County Treasurer]

Property Image

[Zillow.com]

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Property Location

[Googlemaps.com]

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Property Ownership – 233 West Krista Way, Tempe


� Schmuck, then-wife purchased home in 2002 for $425,000

� Ex-wife quit-claimed home entirely to Schmuck after divorce

� Property taxes have been paid on time since purchase

Owns Home at 233 West Krista Way in Tempe In 2002, Schmuck and his then-wife purchased a home located at 233 West Krista Way in Tempe for $425,000. [Maricopa Counter Recorder; Zillow.com]

Wife Filed Quit Claim Deed Giving Home Entirely to Schmuck In March 2009, about two weeks after their divorce was finalized, Andrea Kleine-Schmuck filed a quit claim deed giving the home to Francois Schmuck.

[Maricopa County Recorder]

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Property Taxes Have Been Paid On Time Since Purchase Since purchasing the property, Schmuck has been on time in paying property taxes for the home. The following table provides an overview of Schmuck’s property tax payment history:

Tax Year

Status Assessed Tax

Amount Due

Interest Paid

Penalties Paid

Amount Paid

2016 Unpaid $4,756.16 $4,756.16

2015 Paid $4,339.50 $0.00 $0.00 $0.00 $4,339.50

2014 Paid $4,098.60 $0.00 $0.00 $0.00 $4,098.60

2013 Paid $3,725.52 $0.00 $0.00 $0.00 $3,725.52

2012 Paid $3,688.68 $0.00 $0.00 $0.00 $3,688.68

2011 Paid $3,832.50 $0.00 $0.00 $0.00 $3,832.50

2010 Paid $3,614.32 $0.00 $0.00 $0.00 $3,614.32

2009 Paid $3,733.40 $0.00 $0.00 $0.00 $3,733.40

2008 Paid $3,583.18 $0.00 $0.00 $0.00 $3,583.18

2007 Paid $3,507.88 $0.00 $0.00 $0.00 $3,507.88

2006 Paid $2,823.04 $0.00 $0.00 $0.00 $2,823.04

2005 Paid $2,885.56 $0.00 $0.00 $0.00 $2,885.56

2004 Paid $2,721.38 $0.00 $0.00 $0.00 $2,721.38

2003 Paid $2,699.82 $0.00 $0.00 $0.00 $2,699.82

2002 Paid $2,526.34 $0.00 $0.00 $0.00 $2,526.34

2001 Paid $2,416.24 $0.00 $0.00 $0.00 $2,416.24 [Maricopa County Treasurer]

Property Image

[www.zillow.com]

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Property Location

[Googlemaps.com]

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Voices Take Flight


� Claims to have founded Voices Take Flight in 2001 to promote

“services before self” and awareness of neurological diseases

� Also claimed to have founded organization in 2002

� Organization incorporated in 2004, file as a charity in 2005

� Organization dissolved in 2009; receiving warning of administrative dissolution in 2008

� Available financial information on the charity is extremely limited and inconsistently reported

� Finished 2008 with a negative account balance

� Spent over four times as much on travel in 2008 than it did on contributions to charity

� Spent significant amounts on events in prior years

� Did not contribute significant amounts to apparent programmatic activities

Schmuck Claims to Have Founded Organization in 2001 According to his campaign web site, “In 2001 he founded Voices Take Flight, a not for profit that promoted “service before self” and awareness of neurological diseases. He created the SCHOW-DONNELLY AWARD named after two colleagues and friends that was bestowed annually to a civilian and military veteran for national "service before self." [TeamSchmuck.com]

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Also Claimed to Have Founded Organization in 2002 In September 2008, Schmuck was referenced as the President and Chairman of Voices Take Flight, which is devoted to heightening awareness of neurological disease.

Schmuck says he founded the non-profit organization in 2002 in honor of Lt. Col. K.C. Schow Jr. and Maj. Michael Donnelly, two close friends of his who died. [The Arizona Republic, 9/19/08; The Arizona Republic, 10/3/07]

Incorporated in 2004, Dissolved in 2009 Voices Take Flight was a non-profit, charitable corporation registered in Maricopa County and originally incorporated on June 10, 2004. On April 16, 2009, the corporation was dissolved. [AZ Corporation Commission]

Received “Notice of Pending Administrative Dissolution” in 2008 On June 18, 2008, the Corporation Commission sent Voices Take Flight a “Notice of Pending Administrative Dissolution.” This is usually the result of a late annual report. [AZ Corporation Commission]

Registered as a Charity in 2005

[Arizona Secretary of State]

Officers

• Frank Schmuck was the Chairman of the Corporation (his title was later

changed to President).

• Nancy Dutton of Phoenix was the Secretary.

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• William Morrison of Anthem, AZ was the Co-Chairman (his title was later changed to Vice President). By 2007, Morrison had disappeared from the annual report, and not replaced.

• Gary Williams of Glendale was the Treasurer. By 2007, Williams had

disappeared from the annual report, and not replaced. [AZ Corporation Commission]

Directors

• Schmuck was the only Director of the corporation in it’s original filings.

• However, by 2006, he had been replaced by Robert Tribe of Chandler, AZ

and Al Shawcross of Glendale, AZ.

• In 2007, the Directors were Robert Rue of Phoenix and Larry Mishler of Tempe.

• In 2008, Rue was the only Director. [AZ Corporation Commission]

Finances

Financial reporting from the Arizona Corporation Commission was inconsistent from year-to-year, and in the organization’s final year was non-existent, so it is difficult to understand Voice Take Flight’s overall financial picture. However, the organization had a Net Income of -$3,109 in its 2008 annual report, which may be an indication of why it was dissolved the following year. Because reporting is so inconsistent, we recommend some caution in utilizing this information. The income figures below are from the organization’s Annual Reports:

2006 2007 2008 2009

Income $47,086 $100,400 $30,072 no reporting

Total Expenses $36,263 $97,176 $33,655 no reporting

Net Income $10,823 $3,224 $-3,583 no

reporting

Selected Expense Details

Donations / Outgoing Contributions $8,871 $5,000 to VA $2,000 no reporting

Events $23,352 At least $31,981* not reported no reporting

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Travel 0 At least $38,653** $9,834 no reporting

Misc Expenses 0 $1,195 no reporting Professional Service Fees $4,004 $5,905 no reporting

Service Fees 0 $3,848 no reporting * In 2007, there was not a reporting line for “events,” but instead event expenses were reported separately. We totaled several items that appeared to be event expenses. ** In 2007, there was not a reporting line for “travel,” however there were several lines for Midshipmen Airfare, Hotels and Meals. We totaled these lines. [AZ Corporation Commission]

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Legal Issues


� Name legally changed to Francois Charles Louis Schmuck in

1986 to honor his mother, grandfather

� Name legally changed back to Frank Charles Schmuck in 2013

� Involved in completely insane legal squabbling with neighborhood association rivals

� Accused of ‘moral turpitude’ in anonymous letter to Tempe Police; police investigated, found no crime

� Injunctions against harassment filed against Shmuck by neighborhood association rivals (injunctions were quashed by court)

� Schmuck sued rivals, accusing them of defamation, libel, assault and infliction of emotional duress

� Settlement in case reached, case dismissed Name Legally Changed to Francois Charles Louis Schmuck to Honor Mother, Grandfather

In May 1986, Schmuck had his name legally changed to Francois Charles Louis Schmuck to honor his mother, who did not speak English at the time of his birth and wanted him to be named Francois, and his grandfather, Louis. [Maricopa Superior Court Case No. CV2013-004048]

Name Legally Changed Back to Frank Charles Schmuck in 2013 In 2013, Schmuck filed a request in Maricopa County Superior Court to have his name legally changed back to Frank Charles Schmuck.

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According to court filings, “Applicant, employed in the airline and law enforcement industries, has since found it difficult to operate under the changed name and is now requesting his name be changed back to his original birth name.” His request was granted. [Maricopa Superior Court Case No. CV2013-004048]

Schmuck Accused of Moral Turpitude, Harassment, by Community Association Rivals In August 2004, Frank and Andrea Schmuck filed a lawsuit against Michelle T. Ford, James H. Ford III, Annette M. Bau and James Grant Kenehan Jr in Maricopa County Superior Court. The Schmucks, the Fords and the Bau/Kenehans were neighbors in the Alisanos and members of the Community Association. Schmuck was the Vice President of the Alisanos Community Association. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

Letter Said Schmuck Committed a Crime of Moral Turpitude According to the complaint, on October 23, 2003, an anonymous letter was sent to the Tempe Police Department alleging that Schmuck had committed a crime of moral turpitude. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] NOTE: We have requested a copy of this incident report.

Assigned Officer Found No Crime According to the complaint, Tempe Police Officer C.K. Shumaker was assigned to investigation the allegations in the letter and on November 4, 2003, cleared Schmuck citing “no crime could be established.” [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

Postcards Said Schmuck was a Danger to the Community Also according to the complaint, on December 7, 2003, approximately two hundred fifth yellow postcards were sent by U.S. Mail to residents of the Alisanos Community Association from an anonymous party alleging that Schmuck posted a “DANGER” to the community. Language on the card accused Schmuck of a crime of “moral turpitude.” [Frank Schmuck, et al.

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vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Michelle Ford and Annette Bau Filed Injunctions Against Schmuck On January 28, 2004, Michelle Ford and Annette Bau filed petitions for injunctions against harassment in the Chandler Justice Court which described similar, if not identical, events as those alleged in the letter to the Tempe Police Department from October 23rd. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

Injunction Included Elementary School as Protection Location According to the complaint, Schmuck was served the injunction on February 3, 2004. The injunction identified Waggoner Elementary School as a protected location. According to the complaint, Ford’s son attends Waggoner. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Schmuck Was Scheduled to Appear At Waggoner the Next Day According to the complaint, Schmuck was scheduled to appear at Waggoner on February 4, 2004 to participate in the “Adopt-a-Pilot” program sponsored by Southwest Airlines and the Arizona Department of Education. Schmuck was a speaker and presenter, with other pilots and teachers. Additionally, a state Senator and a representative from the DPE were scheduled to be there. Schmuck’s attorney advised the court, Ford and Bau of Schmuck’s scheduled appearance in his official capacity and Schmuck attended the event and did not make contact with Waggoner’s son. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Ford Alleged Schmuck Violated Injunction, Called Police On February 4th, according to the complaint, Ford contacted the Tempe Police Department and alleged Schmuck had violated the injunction by going to the school.

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The Tempe Police opened an investigation. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

NOTE: We have requested a copy of this incident report.

Court Ordered That Injunctions Be Quashed On February 12, 2004, a hearing was held on the injunctions to determine the sufficiency of the allegations. After a hearing, a judge ordered that the injunction be quashed. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Case “Exceptionally Cleared,” Then Re-Opened Subsequently, on March 8, 2004, the case of the violation of the injunction was “exceptionally cleared” after Ford informed the detective the injunction was quashed and she no longer wished to aid in prosecution. However, on March 16, 2004, Ford contacted the police Sergeant again indicated she now wished to aid in prosecution. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Summons Issued, Case Dismissed On May 13th a summons was issued for failure to comply with a lawful court order. However, on June 8, 2004, the case was dismissed. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

Schmuck Accused Ford and Bau of Sending Postcards and Making Police Complaint Schmuck accused Ford and Bau of distributing the postcards and making the complaint to the police. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Schmuck Alleged Defamation and Libel Schmuck alleged that Ford and Bau’s actions were libelous and defamatory, saying the information was “false, misleading, derogatory

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and defamatory information which was designed to bring harm, shame, disgrace and reputational damage” to the Schmucks. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Schmuck Demanded Damages Schmuck claimed that the defendants’ actions caused injuries, including but not limited to loss of wages, incurred legal fees, damaged reputation resulting in discontinuance of community service programs headed by Schmuck, and emotional distress suffered by Andrea Schmuck. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Schmuck Alleged Defendants Misused Judicial System Schmuck said that the defendants’ had repeatedly misused the judicial system to further their ulterior motives of a political agenda with respect to the Community Association and to destroy Schmuck’s reputation. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Other Allegations: False Light & Infliction of Emotional Distress Schmuck further alleged and demanded damages from charges including portraying him in a “False Light,” intentional infliction of emotional distress. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Schmuck Alleged Assault Schmuck further alleged that on January 27, 2004, Ford verbally attacked the Schmucks as they crossed a parking lot going into an Alisanos Community Association meeting. Schmuck further alleged that Ford, “sped off in her Escalade, turned the vehicle around, screeching the tires, and headed toward [the Schmucks.” Ford then applied her brakes, allegedly narrowly missing the Schmucks. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792] Defendants All Denied the Charges The defendants all denied the charges in Schmuck’s complaints and demanded attorney’s fees. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

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Settlement Reached, Case Dismissed On November 7, 2005, the parties filed a Settlement Notice and a Stipulation for Dismissal With Prejudice. The case was dismissed on January 10, 2006. [Frank Schmuck, et al. vs Michelle T. Ford et al.; Superior Court of Arizona, Maricopa County, Case No. CV2004-016792]

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Political Background This section provides a brief overview of Schmuck’s political career and involvement.

2008: Ran for the State House In 2008, Schmuck ran in the Republican primary race for a District 20 House seat against Jeff Dial and others. [The Arizona Republic, 11/12/08]

Controversial Sheriff Joe Arpaio At Kickoff

In January 2008, Schmuck was joined at his campaign kickoff in an airplane hangar at Stella Airpark in Chandler by Maricopa County Sheriff Joe Arpaio. [The Arizona Republic, 4/11/08]

Seemed to Imply That Military Reservists Aren’t Fit to Hold Elected Office In March 2008, one of Schmuck’s opponents, U.S. Army Reservist and Democrat Corey Harris, was called to training in North Caroline for a couple months. Harris said that his campaign would go on while he was at training and that he didn’t expect to be called up again during the campaign. Schmuck said he is "very proud" that Harris is serving and thanked him for that. But he also commented on candidates' responsibilities to the people in their district. "You need to have a duty and an obligation to serve your people, too," he said. [The Arizona Republic, 3/1/08] Schmuck Said District Priorities Were Illegal Immigration, Economy and Education In August 2008, Schmuck said he conducted a door-to-door survey of 15,000 households and found that illegal immigration, the economy and education are the most important issues to his respondents. [East Valley Tribune, 8/9/08]

2008 Campaign Sign Theft Because of Name?

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In 2008, Schmuck reported that half of the 4-foot by 8-foot signs posted across the district by his campaign had been stolen, Schmuck wasn't sure whether to chalk it up to his name or jealousy over his campaign's success. Either way, he's reportedly wasn’t happy about it, and not just because of the drag it might have on his campaign. As a Clean Elections candidate, Schmuck said those signs were purchased with public funds, so the thieves are essentially stealing from taxpayers. "If I'm not willing to stand up and fight for that, what kind of legislator would I be?" he asked. [Arizona Capitol Times, 8/8/08]

Advocated for Voluntary Community-Service Program In 2008, Schmuck advocated creating a state voluntary community-service program to help provide essential public services and boost the economy. [The Arizona Republic, 7/25/08]

Endorsed by Tom Horne In the 2008 primary, Schmuck was endorsed by the then-Superintendent of Public Instruction, Tom Horne. [Arizona Capitol Times, 8/8/08]

Lost Primary

Schmuck lost the Republican primary race for a District 20 House seat to Jeff Dial. [The Arizona Republic, 11/12/08]

Turned in Signatures to Challenge Dial in June 2016 In June 2016, Schmuck filed to run for the State Senate against incumbent Jeff Dial.

[Schmuck Campaign Facebook Page]

Asked Dial to Release Military Service Records, or Face Ethics Investigation In June 2015, Schmuck, along with Tom Morrisey, who lost the Republican primary to Dial in 2014, and 10 other Arizona veterans, signed a letter calling

52

on dial to release his full military records, or face an ethics investigation. The letter, sent to Gov. Doug Ducey, Senate President Andy Biggs, House Speaker David Gowan and Arizona Republican Party Chairman Robert Graham, said the veterans were concerned about a recent story in The Arizona Republic regarding the "questionable military service" of Dial, a Republican. "It is rare that a Veteran cannot remember his rank at discharge, the unit assigned or name of a commanding officer," the letter stated, referring to statements that Dial made to The Republic. "Questions surround Senator Dial's level of participation while serving." [The Arizona Republic, 6/11/15]

Dial Called Request a “Political Hit Job” Dial’s campaign consultant, Bert Coleman, called the questions about Dial's service a "political hit job" raised by politicians who have lost political campaigns to Dial and disagree with his policy positions. Coleman said Dial is a veteran and served honorably. "An honorable discharge is an honorable discharge," Coleman said. [The Arizona Republic, 6/11/15]

Schmuck: It’s an “Honor and Integrity” Issue Schmuck said it is an "honor and integrity" issue if Dial served, and it is not personal. He questioned why Dial would not release his files. "It's simple, just release your records," said Schmuck, who served in the Air Force. He said the issue is not about Dial's weight, but whether Dial showed up for drill with his Reserve unit, which Schmuck said records would prove. [The Arizona Republic, 6/11/15]

Dial Released Records, Schmuck Said Dial is Not a Veteran When Dial did purport to release his military records, Schmuck attacked on Facebook. In a statement on Facebook, Schmuck claimed that the records “appear to prove Senator Dial is a liar.” From Schmuck’s Facebook page:

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In a separate post, Schmuck attacked Dial’s record more specifically.

[Schmuck Facebook Page]

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Lauded Trump’s Character

Trashed Romney

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Trump Makes Schmuck Proud to Be an American

Schmuck: “Bring It On Donald”

Predicted Trump Would Win, Build a Wall

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Lauded Trump’s Rise

Shared Pro-Trump Video, Reminded People “Don’t Forget to Vote”

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Called Reporter Who Accused Trump Manager of Assault a “Total Fraud”

Wants to “Make America Great Again”

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Defended Trump on Muslims

Called on Party to Remain Neutral Until the Convention

Defended Trump Against Allegations of Racism

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Buys Into Trump’s ‘Any Coverage is Good Coverage’ Campaign

Used Sexist Term “Cat Fight” to Describe Hillary Clinton Getting Angry

Posted Conspiracy Theory about Cruz’s Alleged Affairs

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Defended Trump’s Veterans ‘Contributions’ with Re-Tweet

Pushed Conspiracy Theory About ‘Hillucifer’s’ Health

Apparently Can’t Tell the Difference Between Congress and the State Legislature

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Abortion and Life Issues


� Opposes abortion even in cases of rape or incest

� Opposes right to die legislation

Opposes Abortion Even in Cases of Rape or Incest On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Prohibiting abortion except when it is necessary to prevent the death of the mother.” Schmuck indicated that he supported this position and added, “I am Pro-Life and support the decision of qualified medical personnel in this instance.” [Center for Arizona Policy questionnaire] Opposes Right to Die Legislation On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Legalizing physician-assisted suicide.” Schmuck indicated that he opposed this position and added, “I am Pro-Life and support the decision of qualified medical personnel in this instance.” [Center for Arizona Policy questionnaire]

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Budget Issues


� Supported budget that cut higher education, K-12

Supported 2015 Budget That Cut Higher Education, K-12 In an August 2016 Tweet, Schmuck criticized Dial for voted “against Gov Ducey’s budget last year.”



� Cut funding for universities by $99 million; � Cut funding for health-care providers by 5 percent; � Made Arizona the strictest state in the nation for

assistance to poor families raising children, in part by zeroing out state funding for child care vouchers for low-income working families, leaving children in dangerous and unstable situations while their parents go to work;

� Cuts $11 million out of the Department of Child Safety

budget to handle the backlog of child abuse and neglect cases, and zeroed out Governor Ducey’s request for $3.3 million in more funding for an anticipated increase in child

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neglect and abuse reports. Overall, the budget was a 2.4 percent cut from the previous budget. [ABC15, 3/7/15; Arizona Republic, 3/7/15]

The budget passed and was signed into law. [SB 1469 bill status]

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Campaign Finance, Election Law and Reform Issues


� Schmuck not taking PAC money

� Applauded Ducey for ending public funds for contract lobbyists

Not Taking Special Interest or PAC Contributions


Applauded Ducey for Revocation of Public Funds for Contract Lobbyists


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Supported Bill to Ban Collection of Ballots

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Criminal Justice, Policing & Prisons


� Endorsed by AZ COPS in primary

� Endorsed by Chandler Law Enforcement Association in 2008

Endorsed by AZ COPs


Endorsed by Chandler Law Enforcement Association In the 2008 primary, Schmuck was endorsed by the Chandler Law Enforcement

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Association. [Arizona Capitol Times, 8/8/08]

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Education


� Supports vouchers, tax credits for private schools (but accused

Dial of trying to “take the ‘public out of public education’”)

� Calls for “adequate” education funding, but supported a budget that cut education funds

� Calls for smaller class sizes

� Schmuck said Proposition 123 was a “step in the right direction”

� Wants to ensure Proposition 123 funds are spent on teachers and classrooms, not building improvements or administrative raises

� Wants to provide teacher pay raises

� Laments student loan debt, would like to create a program like Georgia’s Hope Scholarship

� Founded Tempe’s ‘Dollars for Scholars’

Supports School Vouchers, Tax Credits for Private Schools On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Allowing all parents to use tax credits, vouchers, or education savings accounts to enable children to attend any public, charter, private, homeschool, or online academy.” Schmuck indicated that he supported this position and added, “Parents are best suited to make decisions about their children's education.” [Center for Arizona Policy questionnaire]

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… But Said Dial Was Trying to “Take the Public Out of Public Education”


Calls for “Adequate Education Funding…” He's committed to ensuring students receive adequate education funding and that the money allocated to education reaches the classroom and educators instead of getting caught up in administrative overhead. [http://www.teamschmuck.com/issues.aspx]

… But Supported 2015 Budget That Cut Higher Education, K-12 In an August 2016 Tweet, Schmuck criticized Dial for voted “against Gov Ducey’s budget last year.”


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� Cut funding for universities by $99 million; � Cut funding for health-care providers by 5 percent; � Made Arizona the strictest state in the nation for

assistance to poor families raising children, in part by zeroing out state funding for child care vouchers for low-income working families, leaving children in dangerous and unstable situations while their parents go to work;

� Cuts $11 million out of the Department of Child

Safety budget to handle the backlog of child abuse and neglect cases, and zeroed out Governor Ducey’s request for $3.3 million in more funding for an anticipated increase in child neglect and abuse reports.

Overall, the budget was a 2.4 percent cut from the previous budget. [ABC15, 3/7/15; Arizona Republic, 3/7/15]

The budget passed and was signed into law. [SB 1469 bill status]

Called for Smaller Class Sizes

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Schmuck: Prop. 123 a “Step in the Right Direction,” Wants Money Sent to Teachers and Classrooms, Not Building Improvements, Administration In a 2016 column, Scmuck said, “Prop 123 was a step in the right direction, designed to increase educational funding to the classrooms and teachers by $3.5 billion in the next 10 years.” “But without requiring allocation outlines for school districts and individual schools, taxpayers ended up having funds spent on administrative raises and building improvements - not the intended classrooms and teachers,” he said. [Ahwatukee Foothills News, 8/15/16]


Called for Transparency, Teacher Pay Raises “Instead, I propose specific guidelines and accounting transparency of funds spent, beginning with frontline teacher salary increases (to ensure teacher retention statewide) and classroom learning initiatives including updating technology and educational materials,” Schmuck wrote in 2016. [Ahwatukee Foothills News, 8/15/16]

Schmuck: We Are Not Supporting Teachers, Students

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According to Schmuck, “We are not supporting our front-line educators and students. That must change.” [Ahwatukee Foothills News, 8/15/16]

Laments That Students Face Years of Student Loan Debt According to Schmuck, “Any student with a desire to obtain a secondary education should be encouraged and supported, without years of student loans jeopardizing their success.” [Ahwatukee Foothills News, 8/15/16]

Wants to Emulate Georgia’s Hope Scholarship According to Schmuck, “Georgia's Hope Scholarship is an innovative program worth modeling; it drives lottery funds to vocational and secondary education with a series of requirements for recipients.” [Ahwatukee Foothills News, 8/15/16]

Founded Tempe Dollars for Scholars

Schmuck founded the Tempe chapter of Dollars for Scholars around 2006. Dollars for Scholars was founded by a Massachusetts optometrist who decided that if everyone in a community kicked in $1 for a scholar-ship, more kids could afford to continue their education.

In 2009, Schmuck said the scholarships, ranging between $1,000 and $2,000, are given to students on the basis of their applications and an objective scoring system.

"Preference is given to need," Schmuck said. "And we also look at recommendations from teachers as well as their performance in school." [The Arizona Republic, 4/25/09]

Appears to Sponsor Scholarship in His Name Schmuck appears to also sponsor a scholarship in his own name. A 2009 article about Dollars for Scholars lists one of the winners as having received the “Frank Schmuck Leadership Scholarship.” [The Arizona Republic, 4/25/09]

Founded Arizona Veterans Hall of Fame Society In addition, Schmuck’s campaign web site says that he founded the “Arizona Veterans Hall of Fame Society” in 2007 to help “high school students in our district and across the state attend college.” [http://www.teamschmuck.com/issues.aspx]

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Endorsed by Former Tempe Union High School District President

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Environmental Issues


� Supported efforts to attract solar to Arizona

Supported Efforts to Attract Solar Energy to Arizona In 2008, Schmuck said that he would support efforts to attract solar energy-related industries to the state. [The Arizona Republic, 7/25/08]

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Gun Issues


� Life member of the NRA

� Received the NRA’s highest grade for non-incumbents, but did

not receive primary endorsement

� Falls back on the ‘if we ban guns, we should ban planes and fertilizer’ rhetoric

� Schmuck believes lasers will replace assault rifles and still be protected by 2nd amendment

� Schmuck: “Better to bruise a personality then [sic] to have more lives lost”

Life Member of the NRA Schmuck says that he is a Life Member of the NRA, and believes that “the right to carry a gun is a basic right of all citizens and residents, guaranteed by the Constitution.” [http://www.teamschmuck.com/issues.aspx]

Received NRA’s Highest Grade for Non-Incumbents Though he was not endorsed by the NRA in the LD 18 primary, Schmuck received the National Rifle Association’s highest grade for non-incumbents, “AQ.” From the NRA:

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[https://www.nrapvf.org/grades/Arizona/]

Called for Prayers for Baton Rouge Police


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Schmuck Predicts Lasers Will Replace Assault Rifles “Cuz We Evolve”

Offered Prayers for Orlando Victims…

… Then Re-Tweeted Trump Calling for “Tough, Smart & Smart” Response

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Schmuck: If We’re Going to Ban Guns, We Have to Ban Planes and Fertilizer Too

Schmuck: War is in America According to Schmuck, “War is in America” and it is incumbent on citizens to “stand up and defend this nation” against radicalism. From a guest opinion in the Sonoran Alliance blog:

War is in America – New York City, San Bernardino, and now Orlando. Who’s next? Let’s stand up and defend this great nation and ALL classes of people who live here against radicalism. Don’t let “political correctness” cause the loss of life again. Speak up. This act of terror awoke an American sleeping giant spirit. Let us not forget freedom isn’t free. When you exercise your right to vote think about those who have experience with defending your freedoms. Without safety, rules don’t matter. This enemy doesn’t play by the same rules we do. Be vigilant. Be strong. Protect one another. [Sonoran Alliance, 6/14/16]

Schmuck: “Better to Bruise a Personality Then [sic] To Have More Lives Lost”

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Schmuck: “Our Constitutional Right to Own a Firearm is At Risk”


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Health Issues


� Criticized Dial for supporting Medicaid expansion

� Appears to be a vaccine truther on autism

Criticized Dial for Supporting Medicaid Expansion

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Appears to Believe There is a Link Between Vaccines and Autism

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NOTE: Because of Schmuck’s own issues that he believes were caused by vaccines prior to the Gulf War, we recommend caution on this issue.

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Immigration and Minority Issues


� Supports “building a wall”

Supports “Legal Immigration Only,” Building a Wall Schmuck says that he supports “legal immigration only” and, like Donald Trump, advocates for building a wall. “I believe, like the Republican platform, that we need to build a wall and create an environment that inspires legal Immigration only,” Schmuck said in a 2016 op-ed. [Ahwatukee Foothills News, 8/26/16] On his campaign web site, he says he “believes in protecting our borders by building a wall and creating an environment that encourages legal immigration to the United States.” From Schmuck’s web site:

[http://www.teamschmuck.com/issues]

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Labor & Working Families


� Opposes local minimum wage laws

� Republic fact check called Schmuck ad “misleading,”

firefighters called it false

� Endorsed by Arizona Nurses Association in 2008

Opposes Local Minimum Wage Laws On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Cities and towns should have the authority to set their own minimum wages above the state minimum wage.” Schmuck indicated that he opposed this position and added, “Free markets do best without government intervention.” [Center for Arizona Policy questionnaire] Republic Said Schmuck Ad Was “Misleading,” Firefighters Called it False In 2016, Schmuck’s campaign paid for a digital billboard that read “Firefighters vote Schmuck for Arizona Senate.” The Arizona Republic called the advertisement “misleading” and the Professional Firefighters of Arizona called it “false.”

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According to the Arizona Republic, “Soon after Schmuck’s ad began appearing on the billboard last week, the Professional Fire Fighters of Arizona, the state’s largest firefighters organization, criticized it as false.” The Firefighters said that Schmuck’s ad implied that he had received firefighters’ endorsement, when in fact, the group had endorsed Schmuck’s opponent in the District 18 race, state Sen. Jeff Dial. The Republic’s AZ Fact Checck agreed, calling the ad “misleading.” [Arizona Republic, 8/26/16]

Schmuck Claimed Ad Was a Call to Action and Not Meant to Imply Endorsement

According to the Republic, “Schmuck told AZ Fact Check the ad was not intended to imply an endorsement but rather as a call to action for firefighters to vote for him.” “Schmuck penned a response to the firefighters group, saying: “The image you have called into question was not intended to, nor does it, in our estimation and that of many others in media who reviewed it, imply that your local union endorses me for Arizona Senate.” He said he had the ad pulled from the billboard after the firefighters complained. [Arizona Republic, 8/26/16]

Endorsed by Arizona Nurses Association in 2008 In the 2008 primary, Schmuck was endorsed by the Arizona Nurses Association. [Arizona Capitol Times, 8/8/08]

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LGBTQ Issues


� Opposes protections against discrimination for LGBTQ

community

� Supports bathroom bills

� Supports ‘religious freedom’

Opposes Nondiscrimination Protections for LGBTQ Community On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Adding ‘sexual orientation,’ ‘gender identity,’ or ‘gender expression’ to the protected classes of race, religion, age, sex, and ancestry in nondiscrimination law.” Schmuck indicated that he opposed this position and added, “I am Pro-Life and support the decision of qualified medical personnel in this instance.” [Center for Arizona Policy questionnaire]

Supports ‘Bathroom Bills’ On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Implementing policies to allow students and faculty to use the restroom, locker room, and shower room that aligns with their gender identity.” Schmuck indicated that he opposed this position. [Center for Arizona Policy questionnaire]

Supports ‘Religious Freedom’ On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Prohibiting government from discriminating against an individual, organization, or small business based on their beliefs about marriage.”

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Schmuck indicated that he supported this position and added, “"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;" Marriage is a religious term.” [Center for Arizona Policy questionnaire]

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Other Issues


� Opposes interpreting Constitution to reflect current times

� Supports legalizing daily fantasy sports gambling

Opposes Interpreting Constitution to Reflect Current Times On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Interpreting the U.S. Constitution in light of current times, rather than adhering to the framers’ original intent or text.” Schmuck indicated that he opposed this position and added, “The framer's wrote language that would and can survive the test of time. eg. the 2nd amendment [sic].” [Center for Arizona Policy questionnaire] Supports Legalizing Daily Fantasy Sports Gambling On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “Legalizing daily fantasy sports gambling.” Schmuck indicated that he supported this position. [Center for Arizona Policy questionnaire]

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Roads and Infrastructure


� Opposed Loop 202 in 2008, calls for accountability now

� “The Father of Rubberized Asphalt”

Opposed Loop 202 in 2008… In 2008, Schmuck said that he opposed the proposed Loop 202, but he said his experience in dealing with ADOT makes him more qualified to handle the issue. Earlier this decade, Schmuck said he conducted independent noise studies in an effort to convince the state to lay rubberized asphalt on Valley freeways. "I know what it's like to work with ADOT and I know what it's like to work with cities," he said. [East Valley Tribune, 8/9/08]

… Calls for Accountability Now According to Schmuck, “Ahwatukee is concerned about the proposed 202-freeway expansion. While the development of it is still in litigation, it is imperative to hold the state and other interested parties accountable.” [Ahwatukee Foothills News, 8/18/16]

The “Father of Rubberized Asphalt” Schmuck said he "wants to hear more from the community" about the proposed South Mountain freeway. He had a history of freeway issue involvement, and was nicknamed the "Father of Rubberized Asphalt" by Tempe Mayor Hugh Hallman because he studied rubberized asphalt use and presented his findings to the Arizona Department of Transportation prior to the U.S. 60 widening. "My belief has always been that where freeways traverse residential neighbor-hoods we have a duty and an opportunity to provide the best opportunities for our citizens to live," Schmuck said. [The Arizona Republic, 12/12/07]

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Tax Issues


� Proposes radical plan that would create new consumption tax,

end state income tax

� Plan would exempt food and clothes, but place a consumption tax on other essentials

� Shmuck praises North Carolina plan, but that plan hurts working families, helps the wealthy

� Journal of State Taxation: Consumption taxes could result in wealthy who “pay virtually no tax”

� Opposes tax increases to provide additional revenue

Proposes Radical Tax Plan That Would Create New Consumption Tax During his campaign, Schmuck has said that he “favors eliminating the personal income tax in Arizona” and “replacing it with a consumption fee on all items except basic food and clothing in order to protect those on a fixed income.” “I want to sponsor carefully drafted legislation to do this, and when we do business will come and you will have more control of your own money,” Schmuck promises.” [http://www.teamschmuck.com/issues.aspx; Ahwatukee Foothills News, 8/26/16]

Schmuck Proposed Gradual Reduction in Income Tax, Replaced by Gradual Increase in New Consumption Tax According to Schmuck, “It is possible to write responsible legislation that eliminates our state income tax over several years. Seven other states do not have a state income tax. North Carolina is on a 10-year plan to eliminate theirs; we can beat them.” Schmuck’s plan calls for “drawing down our state income tax by 1 percent per year and replacing it with a consumption fee of .25 percent

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per year on items except basic food and clothing” so that “we protect those on fixed incomes, yet inspire people to be productive.” According to Schmuck, “The average resident could save $1,660 a year.” [Ahwatukee Foothills News, 8/18/16] Proposal Would Exempt Food and Clothing, But Include Many Other Necessities Because Schmuck’s plan would only exempt “basic food and clothing,” it only stands to reason that a significant number of necessities would be subject to the tax. For example: • Medicine • Gas • School supplies • Energy bills Schmuck Praises North Carolina Plan, Which Would Hurt Working Families, Help the Wealthy "It's not a progressive tax, where those at the higher end pay more and those at the lower end pay less," said Bill Rowe, general counsel and director of advocacy for the left-leaning North Carolina Budget and Tax Center. "Everybody's paying the same amount, and so, if you're of modest means, you're going to be paying a lot more in taxes that way." Republican lawmakers contend that those costs will be offset by lower income taxes. Rowe notes, however, that many low-income families don't owe any state income tax, so they won't benefit from a cut. "It just really appears to be making up for cuts for folks at the higher end and corporations, which really does strike me as being a very unfair way to go," Rowe said. [WRAL, 1/17/13]

Journal of State Taxation: Consumption Taxes Could Result in Wealthy Who “Pay Virtually No Tax” According to a 2015 article in the Journal of Taxation, consumption taxes are noted by “the lack of progressivity” and can help the wealthy while pushing the tax burden onto lower-income families. From the Journal of Taxation:

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When considering the disadvantages of a consumption tax system, the most prominent disadvantage is the lack of progressivity. Because all taxpayers pay the same amount of tax on the goods and services subject to tax, the percentage of total income/budget comprised of tax will be less for wealthier individuals than for lower-income families. Indeed, because tax is only paid on consumption, a situation could arise in which wealthier individuals and families pay virtually no tax if these taxpayers choose to save all of their income, while lower-income taxpayers have no choice but to spend their earnings in order to survive. [Journal of Taxation, “Trends in State Taxation: Consumption Tax Versus Income Tax,” 2015]

Opposes Tax Increases to Generate Additional Revenue On his Arizona Center for Policy Questionnaire, Schmuck was asked whether he supported or opposed “The state should increase taxes to provide additional funding for the state budget.” Schmuck indicated that he opposed this position and added, “We cannot tax ourselves into prosperity.” [Center for Arizona Policy questionnaire] Priorities: Business-Friendly Environment Through Fewer Taxes and Regulations Schmuck’s priorities are creating a business-friendly environment through fewer taxes and government regulations and defending the Second Amendment. [Jewish News, 7/29/16]

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Appendix I – Campaign Finance


� Schmuck isn’t taking special interest or PAC contributions

� Schmuck has contributed over $90,000 of his own money to his

campaign for State Senate

� Found to have unintentionally violated election laws in 2008

� Ran as a Clean Elections candidate in 2008…

� … now appears to oppose Clean Elections

� Contributed to a number of Arizona Republicans ranging from McCain to Salmon to Norgaard

Not Taking Special Interest or PAC Contributions


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Found to Have Unintentionally Violated Elections Laws In August 2008, just a week before the primary, the Clean Elections Commission announced that it was investigating whether Schmuck failed to report expenses and in-kind contributions for fundraising events. The investigation was triggered by a citizen complaint. Dominic Cota of south Phoenix said that Schmuck, a Persian Gulf War veteran and commercial airline pilot, flew in a private vintage plane at Chandler's Stellar Air-park to kick off his candidacy but did not reimburse the owner for campaign travel as the law requires. Cota also said that Schmuck didn't report in-kind contributions by two comedians who performed at an Ahwatukee Country Club fundraiser, Cota said. [The Arizona Republic, 8/28/08 & 8/27/08]

Schmuck Denied Doing Anything Wrong Schmuck said he flew in the backseat of a P-51 Mustang fighter plane but argued that no actual travel took place since the flight only consisted of a takeoff, flyby and landing. The candidate also said that the comedians volunteered their services at his fundraiser. "We followed the letter of the law," said Schmuck, who pointed out that he had attended a Clean Elections workshop this year to better understand Arizona statutes. "We honestly tried to do the right thing." [The Arizona Republic, 8/28/08 & 8/27/08]

Clean Elections Director Said Schmuck May Have Violated Law in Other Ways Todd Lang, the commission's executive director, wrote in a report that there was no reason to believe Schmuck had broken Clean Elections laws in the two instances. But the candidate may have violated several other laws, Lang wrote, specifically when Schmuck failed to report all costs from the event as campaign expenses and did not pay them out of his campaign account. [The Arizona Republic, 8/28/08 & 8/27/08] Commission Did Not Assess Fines, Said Schmuck’s Mistake Unintentional The Commission and Schmuck agreed that he may have unintentionally

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violated the law by failing to report contributions related to a campaign fundraiser at the Ahwatukee Country Club. The Commission decided not to assess any fine because Schmuck cooperated with the agency and acted in good faith. [The Arizona Republic, 9/21/08]

Schmuck Has Spent Over $90,000 of His Own Money Trying to Buy His Way Into Office Schmuck has contributed over $90,000 to his campaign for the State Senate in 2016. [Arizona Secretary of State] In 2008, he contributed $610 of his own money to his State House campaign

Cycle Amount

2016 Cycle $90,231

2008 Cycle $610 [Arizona Secretary of State]

Ran as a Clean Elections Candidate in 2008… In 2008, Schmuck took $57,322.61 in Clean Elections money.

[Arizona Secretary of State]

… Now Publicizes Poll Purporting to Show Opposition to Clean Election

Income for period 11/28/2006 to 10/15/2008 Amount

Personal and Family Contributions (C1) $610.00

Individual Contributions (C2) $3,230.00

Contributions from Political Committees (C3) $0.00

Business Contributions (C4) $0.00

Small Contributions (C5) $0.00

CCEC Funding (C6) $57,322.61

Qualifying Contributions (C7) $0.00

Loans Made to this Committee (L1) $0.00

Other Receipts incl. Interest & Dividends (R1) $0.00

Transfers from Other Committees (T1) $0.00

Cash Surplus from Previous Committee (S1) $0.00

Total Income $61,162.61

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In June 2016, Schmuck posted a Fre.e Enterprise Club photo purporting to show that voters opposed the Clean Elections program

Contributed to McCain, Hayworth, RNC, Straight Talk America Contributor Occupation Date Amount Recipient SCHMUCK, FRANCOIS TEMPE, AZ 85282

Southwest Airlines

7/26/02 $500 Hayworth, J D (R)

SCHMUCK, FRANCOIS CL MR TEMPE, AZ 85282

Southwest Airlines

9/6/01 $1,000 Straight Talk America (R)

SCHMUCK, FRANCOIS CL MR TEMPE, AZ 85282

Southwest Airlines

8/21/01 $750.00 Republican National Committee

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SCHMUCK, FRANCOIS C L MR TEMPE, AZ 85282

Southwest Airlines

2/7/00 $1,000 McCain, John (R)

[Federal Elections Commission; Center for Responsive Politics]

Contributed to Assortment of Arizona Republicans Cycle Amount Recipient

2016 Cycle $750 Jill Norgaard


2014 Cycle $160 Bennet for Governmor

2014 Cycle $500 Tom Morrissey for Senate


2010 Cycle $67.00 Arizona Legislative District 20 Republican Party

2008 Cycle $100 Friends Of John Mccomish

2008 Cycle $50 ROBSON4AZ

2006 Cycle $150 Cheryl Chase

2002 Cycle $700 Matt Salmon

2000 Cycle $100 Straight Talk America [Arizona Secretary of State]

Documents

Frank Schmuck Research Book - Final · Donald Trump Wannabe Schmuck is all-in on Donald Trump, frequently praising Trump on Facebook and Twitter. A sampling is below: Lauded Trump’s