Kelly Takes Legal Action Against Smithburg, Rose for Lying about Voting Record

Page 1, Cease and Desist

Chicago, IL, March 13, 2012 – Counsel for Republican William J. Kelly issued a cease and desist letter to Tommy Smithburg for a false political mailer and internet news they have been circulating saying that Kelly is a Democrat.

Kelly’s opponent, Tommy Smithburg, whose family gives tens of thousands of dollars to Rahm Emanuel, Barack Obama, Dick Durbin and George Ryan, accused Kelly in the mailer of being a straight Democrat voter – a fact contradicted by the Chicago Board of Elections certified record. According to Kelly’s attorney, there is no record of anyone – Smithburg or his staff – or anyone else pulling a copy of Kelly’s certified voting record – which Kelly finds suspicious.

Despite obvious evidence to the contrary, Smithburg  has continued to spread the lie about Kelly’s record and has not yet come forward to offer an apology or retraction.

Consequently, Kelly’s attorney issued a cease and desist letter Monday to Smithburg and his political advisors Jeremy Rose and Colin Corbett. Rose was forced to resign in disgrace as Executive Director of the Cook County Republican Party in a sex scandal involving young Republican females. Smithburg’s family money also “bought” him Republican endorsements despite that the twenty-three year-old has no record as a Republican or a conservative.

Kelly’s cease and desist letter says in part:

This letter is written for settlement purposes, to afford each of you the opportunity to right the wrongs that your reckless conduct has caused. Specifically, at fault are your public statements regarding William J. Kelly, which contain numerous incorrect and false facts, to such a degree as being defamatory.

Page 2, Cease and Desist

William J. Kelly is not a “Democrat” as you have publicly asserted. Even the most cursory review of Mr. Kelly’s many writings and statements throughout the years confirm that he has strongly advocated for and on behalf of the Republican Party and its candidates. As to his voting record, I have inquired with the Chicago Board of Election Commissioners, and received confirmed that nobody has obtained a “certified” copy of Mr. Kelly’s voting record – the only source from which a “certified” record may be obtained. Nonetheless, Mr. Kelly’s voting record with the Chicago Board of Election Commissioners confirms that not only has Mr. Kelly been an active voter, he has selected the Republican Party primary ballot in all recent elections.

Kelly says that Smithburg must offer a full retraction and a public apology along with the settlement, which includes damage to his reputation.

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