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For Immediate Release

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Bob Biersack

March 10, 2008

George Smaragdis

Michelle Ryan

 

District Court Rules for FEC in Independent Expenditure Case

WASHINGTON –The United States District Court for the Central District of California has ruled in favor of the Federal Election Commission (FEC/ the Commission) on two motions in the Commission’s ongoing suit against Stephen Adams to enforce disclosure requirements in the Federal Election Campaign Act (FECA).  The case concerns Mr. Adams’ alleged failure to provide adequate disclaimers identifying who paid for billboards supporting the re-election of President Bush in 2004 and properly to disclose his expenditures for those billboards to the FEC.

The order, handed down March 7 by District Judge Dale S. Fischer, rejected Mr. Adams’ attempt to dismiss the case based on the Commission’s alleged failure to conciliate adequately before filing suit.  The Court refused to analyze the details of the parties’ conciliation proposals and deferred to the FEC.

The Court also granted the FEC’s motion to reject six of Mr. Adams’ eight affirmative defenses.  The Court again found that the Commission had adequately attempted to conciliate the matter.  The Court also found that the disclosure and disclaimer requirements in FECA do not violate the defendant’s First Amendment rights, and that Mr. Adams was not denied Due Process despite his allegations that the applicable statutory provisions are not well known or frequently enforced.

The FEC was represented in the litigation by FEC attorneys Claire N. Rajan, Harry J. Summers, David Kolker and Thomasenia P. Duncan.

The case, which remains before the District Court pending further action, is FEC v. Adams, Case 2:07-cv-04419-DSF-SH and the District Court’s order is here.

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.

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