As the Allegheny County district attorney looks into allegations of election code violations in Wilkins, a representative of the accused says the investigation threatens their free speech rights.

The Allegheny County Elections Division has forwarded information regarding a newsletter distributed by Wilkins residents before the 2007 election to the Allegheny County Sheriff's Department to investigate possible campaign finance violations.

The division says the creators of the Wilkins Advisor newsletter, residents John Gibbons and Christopher Patterson, are part of a group called the Citizens for Ethical Government, and should register as a political action committee and file any expenses related to their activities.

County Elections Division Manager Mark Wolosik said that because the Advisor encouraged the removal of elected officials Paul Padula and Sylvia Martinelli and was distributed throughout the township, it is subject to election laws.

"It is clear ... that Messrs. [sic] Gibbons and Patterson financed [either in-kind or out-of-pocket] the creation and distribution of some copies of the Advisor in an attempt to influence the outcome of an election," Mr. Wolosik said in a letter to county police Superintendent Charles Moffat.

Mr. Wolosik cited section 1621 of the Campaign Finance Reporting Law, which says independent expenditures are "made for the purpose of influencing an election without cooperation or consultation with any candidate" and anyone who makes independent expenditures in excess of $100 per year must file expenses with the elections division.

Mr. Patterson did not return a call made to a listed number. Mr. Gibbons declined to comment for this article, but is represented by American Civil Liberties Union attorney Sara Rose in this case. ACLU Legal Director Witold Walczak, who spoke on behalf of Ms. Rose, said the case boils down to fundamental rights of free speech.

"With computers today, anytime somebody publishes a newsletter or flier, distribution subjects them to election laws? That's a huge burden on free speech," he said.

"These guys printed 25 copies of those and distributed them in the neighborhood. Applying [election laws] in this situation would be equivalent to creating a prior restraint on any political speech. So if I print a flier saying, 'Vote for my neighbor, Joe,' I'd have to register?"

Ms. Martinelli, a former commissioner, filed the complaint along with Commissioner William Wilson and Manager Rebecca Bradley. Ms. Martinelli said the Advisor definitely had an impact on her loss in the 2007 elections and called the inquiry "a long time coming."

Ms. Martinelli is running against former police chief Keith Guthrie for an at-large commissioner seat in the Nov. 3 election.

Commissioner Michael Szoko says the Citizens for Ethical Government is a citizens group discussing the community, not an official political committee. He has denied that he is a member of the group.

"They are not an organized group of people. These people are novices, just people who are concerned about their neighborhood," he said.

Representatives from the Allegheny County district attorney's office said they were reviewing the complaint. Mr. Wolosik said any charges would be misdemeanors with fines of up to $10 per day (excluding weekends and holidays), plus an additional $10 for each of the first six days a report is overdue, for filing the expenses late.

Meanwhile, the elections division dismissed a complaint filed by the same parties against candidate James Dick for failing to file expenses for the Wilkins Township Republican Committee in 2007 because Mr. Dick complied with a request to file. Mr. Dick, however, said he would not pay the $250 late filing fee because the committee spent less than $250 in 2007 and shouldn't have had to file expenses.

"The paperwork was to say I didn't spend enough to fill out the paperwork," he said. "They're going to fine me $250 for saying I didn't spend $250? I think it's excessive."

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