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For Immediate Release                                                                               Contact: Bob Biersack
July 16, 2007                                                                                                         George Smaragdis
                                                                                                                              Michelle Ryan

FEC APPROVES ADVISORY OPINION AND AUDIT, ISSUES NOTICE OF PROPOSED RULEMAKING

At its Open Meeting of July 12, 2007 the Federal Election Commission (FEC/Commission) approved Advisory Opinion 2007-8 and issued a Notice of Proposed Rulemaking regarding the “personal use” provisions of the Federal Election Campaign Act (FECA).  The Commission also approved a Final Audit Report for DeMint for Senate Committee, and held over its consideration of a a Final Audit Report for Ted Poe for Congress. 

The FEC, by a vote of 4-1, issued Advisory Opinion 2007-8 to Mr. Michael King, a former television executive and philanthropist, approving his proposal to encourage professional musicians and other performers to volunteer their services to federal campaigns and political committees. Mr. King may, either individually or through a charitable foundation, make a charitable donation to encourage or commemorate a musician or performer’s volunteer efforts on behalf of a candidate or political committee.  The FEC concluded that Mr. King’s charitable donations would be neither contributions to the campaigns and political committees nor compensation to the performers.  The FEC also concluded that Mr. King may publicize his activities in connection with his program without making a contribution or expenditure.

The Commission also approved by a vote of 5-0 a Notice of Proposed Rulemaking (NPRM) to amend FEC regulations to add to the list of permissible uses of campaign funds donations to non-Federal candidates and disbursements made for “any other lawful purpose” not already described in the regulations as a “personal use.”  This amendment would conform Commission regulations to amendments recently made by Congress to the Federal Election Campaign Act. The NPRM will be published in the Federal Register, and a thirty-day public comment period will follow.

The Commission unanimously approved a Final Audit Report for the DeMint for Senate Committee, Inc.’s 2004 South Carolina Senate campaign.  The proposed Report was modified after the Commission determined that the DeMint Committee was not obligated to file 48-Hour Notice reports in connection with a run-off election for contributions received the day preceding, and the day of, the primary election, but which were subsequently used for a run-off primary election.  The Commission concluded that the Committee could not have known whether a run-off election would be required at the time the contributions in question were received and therefore was not required to file the special notices. 

Finally, the FEC carried over its consideration of the Final Audit Report on Ted Poe for Congress’ 2004 House campaign in Texas’ 2nd Congressional district.

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

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