The mysterious political group behind a controversial election mailer should disclose its funding sources now, election experts tell GV Wire.

Earlier this month, some voters in District 5 — southeast Fresno — received a mailer accusing Fresno City Council candidate Brandon Vang of statutory rape more than 30 years ago.

Vang, a Sanger Unified trustee, — in a sit-down interview with GV Wire along with wife, May Lee, admitted that Lee was the girl mentioned in the mailer. She was 15 at the time and he was 20 in 1993. The two have since married and remained together raising their family.

Related Story: Fresno Candidate Brandon Vang and Wife May Lee Emotionally Respond to Attack ...

Who is behind Fresno Future Forward, which authored and sent the attack mailer? The dark money group came forward with mandatory election filings after GV Wire broke the story and then on March 10 Fresno City Attorney Andrew Janz announced an investigation.

A day later, Fresno Future Forward filed paperwork listing how much it spent — $4,439.51 for “mail” — but, it did not detail who provided the money.

It should have, several election experts say.

“This group was absolutely required to disclose its donors on its public filings prior to the election. This law exists so people know who is funding their elections before casting their vote,” said Matthew Alvarez, a campaign election attorney and partner at San Francisco-based Rutan and Tucker.

The Fair Political Practices Commission, the state agency in charge of monitoring campaign finance, agrees in a hypothetical situation.

The special election is Tuesday. Through Monday morning, 3,584 voters had sent in ballots — a return rate of 10%.

Fresno Unified Trustee Elizabeth Jonasson Rosas, nonprofit leader Jose Leon Barraza, Paul Condon, and write-in candidate Nickolas Wildstar are also running.

Janz Not Budging

Janz said he is satisfied that the newly formed campaign election committee properly caught up with its election paperwork. He levied a $1,000 fine against Fresno Future Forward.

“The City Attorney’s Office has thoroughly investigated the matter in question and to my knowledge issued the largest fine of its kind to a local campaign committee,” Janz said in a statement Monday.

“I have confirmed with Fresno City Clerk Todd Stermer, that no additional forms are required at this time.  To date, we have not received any new campaign finance complaints regarding any independent expenditures,” Janz said.

Janz reiterated the point on “Sunday Conversations,” with host Alexan Balekian on KMJ radio Sunday.

“Case closed, according to the city clerk. They filed all of the appropriate paperwork. My offices looked at it. We’re in line with what we’ve done with other campaigns, other campaign committees. And so we’re satisfied with our investigation,” Janz said.

He initiated the investigation after Vang’s campaign filed a formal complaint.

Vang’s campaign manager, Pedro Ramirez, said they would look into Fresno Future Forward’s disclosures.

What Forms and When?

Fresno Future Forward would be considered an independent expenditure committee, meaning it can spend money on a campaign but cannot coordinate with a candidate.

Any committee — including the candidate’s regular committee — must file a Statement of Organization (Form 410) when contributions reach $2,000 or more in a calendar year.

Fresno Future Forward filed its Form 410 with the city of Fresno on March 11, listing March 3 as the date it qualified as a committee.

Because it filed as a committee, it must reveal spending $1,000 or more within a 24-hour period on its Form 496. The 24-hour reporting window starts 90 days before an election.

Also, the Form 496 must include contributions of $100 or more “since the closing date of the last campaign statement filed (Form 460) … through the date of the independent expenditure. Start with January 1 if no statement has been filed.”

Form 460 is a cumulative filing, listing the money coming in and out of a committee (candidate, and independent expenditures). They are due periodically. The next filing for the special election is July 31, covering the period March 2 through June 30.

Fresno Future Forward had not filed a previous Form 460. It filed its first Form 496 on March 11, but did not include its contributors. Alvarez said it should.

“Since this is an initial filing, then this group needed to disclose its funders on the IE report.  It doesn’t matter who contributed (i.e., if they are principal officers or not), they’ve got to report their donors on the 496,” Alvarez said.

The FPPC discussed disclosure rules, in a hypothetical scenario of a group filing a Form 496 for the first time in a campaign within 90 days before an election.

“Generally, in this scenario, the committee would need to file a Form 496 (24 hour report) upon making an IE and would need to include disclosure of any contributions of $100 or more received,” spokesperson Shery Yang told GV Wire in an email.

Janz, the Fresno City Attorney, dismissed FPPC’s analysis.

“Any FFPC comments on this matter on non-binding since they have declined to exercise jurisdiction in the city of Fresno and operate under different campaign finance rules,” Janz said.

Even if Fresno Future Forward treasurer Riley Moore funded the group with his own money, because it is more than $2,000, it qualifies as a committee, according to FPPC Campaign Manual 6 and the FPPC’s Yang.

Another election attorney GV Wire spoke with independently offered the same analysis as Alvarez: Fresno Future Forward needed to disclose its contributors now.

Neither attorney is involved with any campaign in the election.

What About Other Groups?

Several other groups have spent money on independent expenditures and appear to have their paperwork in order.

Valley Forward Action Fund is spending on behalf of candidate Elizabeth Jonasson Rosas. It has several Form 496 filings listing its spending.

On its first Form 496 for the election filed on Feb. 21 with the city clerk, it listed contributors United Food and Commercial Workers 8 Golden State PAC Small Contributor Committee ($9,800) and Fresno Teachers Association PAC for Education ($4,000) among others.

The group filed its Form 410 last year with the California Secretary of State, because it contributes to multiple campaigns in several jurisdictions, mainly in Fresno County.

The National Association of Realtors Fund filed its Form 496 with the city clerk, showing $60,000 spent for Jonasson Rosas. Other paperwork is filed with the state.

Outfront Media reported spending more than $5,000 on billboards for Jonasson Rosas, in a March 5 filing with the city clerk. Other paperwork is filed with the state.