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For Immediate Release
February 12, 2004
Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
WASHINGTON -- The Federal Election Commission is making public a case resolved in the Alternative Dispute Resolution (ADR) program. This brings to 100 the total number of cases released thus far. The program’s goal is to expedite resolution of some enforcement matters, reduce the cost of processing complaints, and enhance overall FEC enforcement. Closed ADR negotiated settlement summaries are available in the FEC’s Press and Public Records offices.

For a case to be considered for ADR treatment, a respondent must express willingness to engage in the ADR process, agree to set aside the statute of limitations while the case is pending in the ADR Office, and agree to participate in bilateral negotiations and, if necessary, mediation.

Bilateral negotiations through ADR are oriented toward reaching an expedient resolution with a mutually agreeable settlement that is both satisfying to the respondent(s) and in compliance with the Federal Election Campaign Act (FECA). Resolutions reached through direct and, when necessary, mediated negotiations are submitted to the Commissioners for final approval. If a resolution is not reached in bilateral negotiation, the case proceeds by mutual agreement to mediation. It should be noted that cases resolved through ADR are not precedential.

1. ADR 140  
  RESPONDENTS: Rehberg for Congress, Lorna Kuney, treasurer
  SOURCE: MUR 5323: Phillip A. Miller
  SUBJECT: Disclaimer
  NEGOTIATED SETTLEMENT: $450 civil penalty

Respondents acknowledge the omission of the disclaimer on the subject highway sign. In order to avoid similar errors in the future and violation of the FECA, they agree to set up and maintain in the Committee’s offices guidelines governing Federal election campaign activities with particular emphasis on the regulations governing disclaimers and to identify one member of the Committee’s staff to serve as FEC compliance officer.

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