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For Immediate Release
December 14, 2004
Contact: Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis

WASHINGTON -- The Federal Election Commission has recently made public its final action on a matter previously under review (MURs). This release contains only disposition information.


MUR 5409







(a)   Grover Norquist

(b)   Americans for Tax Reform, Inc.

(c) Ken Mehlman

(d) Bush-Cheney '04, David Herndon, treasurer



Citizens for Responsibility and Ethics in Washington



Corporate contributions, failure to report contributions, excessive contributions



(a-d)   Reason to believe, but took no further action*

  [re: corporate contribution]

(d) Reason to believe, but took no further action*

[re: failure to report contribution]

(a,d) No reason to believe*

[re: excessive contribution]


  The complaint alleged that Grover Norquist, president of Americans for Tax Reform, Inc., gave a "master contact list" of conservative activists in 37 states to Ken Mehlman, campaign Manager of Bush-Cheney '04. The list, the complaint alleged, constituted an impermissible corporate contribution from ATR or an excessive contribution from Grover Norquist. The Commission found reason to believe that Grover Norquist, ATR, Bush-Cheney '04 and Ken Mehlman violated the corporate contribution ban. However, in light of the apparently small value of the materials provided by Grover Norquist and ATR to Bush-Cheney '04, the Commission used its prosecutorial discretion and took no further action and closed the file.



Documents from this matter are available from the Commission's web site at http://eqs.sdrdc.com/eqs/searcheqs by entering 5409 under case number. They are also available in the FECs Public Records Office at 999 E St. NW in Washington .

*There are four administrative stages to the FEC enforcement process:

1. Receipt of proper complaint 3. ?Probable cause? stage
2. ?Reason to believe? stage 4. Conciliation stage

It requires the votes of at least four of the six Commissioners to take any action. The FEC can close a case at any point after reviewing a complaint. If a violation is found and conciliation cannot be reached, then the FEC can institute a civil court action against a respondent.

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