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For Immediate Release
December 22, 2006
Contact:

Bob Biersack
Kelly Huff
George Smaragdis
Michelle Ryan

FEC COMPLETES ACTION ON TWO ENFORCEMENT CASES

WASHINGTON --The Federal Election Commission has recently made public action on two matters previously under review (MURs).

Following an investigation, the Commission concluded in MUR 5751 that The Leadership Forum did not accept any contributions as defined in the Federal Election Campaign Act and the Commission’s regulations, or make expenditures identifying federal candidates during the 2004 campaign, and as such it was not required to register with the FEC as a political committee.

In MUR 5563 the Commission sent an admonishment letter to Kirk Shelmerdine Racing LLC but took no further action regarding a “Bush-Cheney ‘04” decal that appeared on a car during the 2004 NASCAR Nextel Cup season.

This release contains only disposition information.

1.

MUR 5563

RESPONDENTS:

Kirk Shelmerdine Racing, LLC (KSR)

COMPLAINANT:

Sydnor Thompson

SUBJECT:

Failure to report independent expenditures; disclaimer; corporate contributions

  DISPOSITION:

Reason to believe, but took no further action*

[re: failure to report independent expenditures]

No reason to believe*

[re: disclaimer; corporate contributions]

The complainant alleged that Kirk Shelmerdine Racing, LLC may have made an unreported independent expenditure or a prohibited corporate expenditure when KSR place the logo “Bush-Cheney ‘04” on the rear quarter panel of a stock car that raced in four NASCAR Nextel Cup races and that this communication did not carry a disclaimer.  The Commission found reason to believe there may have been a violation, but took no further action and sent an admonishment letter.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5563 under case number in the Enforcement Query System.  They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington.

     

2.

MUR 5751

RESPONDENTS:

Leadership Forum

COMPLAINANT:

Fred Werthheimer, on behalf of Democracy 21

J. Gerald Hebert, on behalf of Campaign Legal Center

Steven Weiss, on behalf of Center for Responsive Politics

SUBJECT:

Failure to register as a political committee; failure to report contributions and expenditures; knowingly accepting excessive contributions from individuals; knowingly accepting corporate and/or union contributions

  DISPOSITION:

Reason to believe, but took no further action*

[re: failure to register as a political committee; failure to report contributions and expenditures; knowingly accepting excessive contributions from individuals; knowingly accepting corporate and/or union contributions]

The complaint alleged that the Leadership Forum was established to help specific Republican House candidates in the 2004 elections and it had become a political committee by accepting contributions and making expenditures for the purpose of influencing specific federal elections.  The Commission’s investigation found no evidence that The Leadership Forum received contributions or made expenditures that would require registration as a political committee.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5751 under case number in the Enforcement Query System.  They are also available in the FEC’s 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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