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For Immediate Release

Contact: 

Judith Ingram

April 9, 2009

Mary Brandenberger

   

FEC TAKES FINAL ACTION ON FIVE CASES

WASHINGTON – The Federal Election Commission recently made public its final action on five matters under review (MURs). In one matter, the Commission voted to take no further action. In another case, the Commission found no reason to believe that a violation occurred. The Commission dismissed the three other cases.

Under the law, the FEC must attempt to resolve its enforcement cases, or MURs, through a confidential investigative process that may lead to a negotiated conciliation agreement between the Commission and the individual or group. Additional information regarding MURs can be found on the FEC web site at http://www.fec.gov/em/mur.shtml.

This release contains only summary information. For additional details, please consult publicly available documents for each case in the Enforcement Query System (EQS) on the FEC web site at http://eqs.fec.gov/eqs/searcheqs.

MUR 5840

RESPONDENTS:

Ellen Simon for Congress and Gael Summer in his official capacity as treasurer; and Ellen Simon

COMPLAINANT:

Arizona Republican Party and Matt Salmon, its former Chairman; and the FEC

SUBJECT:

The complaint alleged that Simon, Ellen Simon for Congress, and Carter Olson, in his official capacity as treasurer, violated reporting requirements of the Federal Election Campaign Act of 1971, as amended (the Act), by: 1) initially reporting a bank loan as a personal contribution from the candidate; 2) failing to disclose adequate contributor information; and 3) failing to file the committee’s first disclosure report once it received more than $5,000 in contributions. (The treasurer named in the complaint was not in office when the alleged violations occurred.) The committee also allegedly failed to file a 24-hour notice of expenditure from the candidate’s personal funds in a timely manner.

OUTCOME:

On Aug. 1, 2007, the Commission found reason to believe that the committee had misreported a loan from the candidate and a bank loan guaranteed by the candidate as contributions from the candidate, and failed to exercise best efforts in obtaining contributor information.  It also found reason to believe that the candidate, the committee and its treasurer violated a provision of the Millionaire’s Amendment by failing to file a 24-hour notice of expenditure from the candidate’s personal funds. The Commission voted to take no further action with respect to the reason-to-believe finding regarding the committee’s failure to submit contributor information, exercised its prosecutorial discretion to take no further action in connection with the committee’s misreporting of loans, and closed the file.  Also, following the Supreme Court ruling that struck down the Millionaire’s Amendment, the Commission voted to take no further action as to the candidate and committee in connection with the Millionaire’s Amendment provision.

MUR 6001

RESPONDENTS:

Orentlicher for Congress and David S. Gabovitch in his official capacity as treasurer; Robert Bader; Toni Bader and Ann Stack

COMPLAINANT:

Jacob E. Perry

SUBJECT:

The complaint alleges that the Baders and Stack each made, and the committee and its treasurer accepted, excessive contributions to David Orentlicher’s campaign for Congress. Orentlicher for Congress accepted contributions for a special caucus and special election, but the candidate did not run in the special election.

OUTCOME:

The Commission found no reason to believe that the alleged violation occurred because the contributions had been made and designated for two separate elections and the committee refunded contributions intended for the special election in a timely manner. The Commission closed the file.

MUR 5964

RESPONDENTS:

Schock for Congress and Rachel Honegger in her official capacity as treasurer; Aaron Schock; Citizens for Schock and Robert Meiss in his official capacity as treasurer

COMPLAINANT:

Michael R. Sneed

SUBJECT:

The complaint alleged that the Schock campaign violated the Act by using video footage obtained using state campaign funds in a federal campaign commercial.

OUTCOME:

The Commission dismissed the case due to the relatively small monetary amount potentially in violation and closed the file.

MUR 6042

RESPONDENTS:

Pat Roberts for U.S. Senate, Inc. and Robert A. Parrish in his official capacity as treasurer; and Pat Roberts

COMPLAINANT:

Kansas Democratic Party (KDP) and Mike Gaughan, KDP Executive Director

SUBJECT:

The complaint alleged that Roberts, his principal campaign committee and the committee treasurer failed to conform to technical requirements of the “Stand by Your Ad” provisions of the Act. These require an audio statement by the candidate that identifies him or herself and acknowledges that he or she approves the message, a similar statement in writing, and either an unobscured, full-screen view of the candidate or a picture of the candidate that is at least 80 percent of the screen height.

OUTCOME:

The Commission dismissed the case and closed the file.

MUR 6067

RESPONDENTS:

James Buhrmaster for Congress and Calvin Welch in his official capacity as treasurer

COMPLAINANT:

Warren Redlich

SUBJECT:

The complaint alleged the committee and treasurer failed to report an expenditure for legal representation.

OUTCOME:

The Commission dismissed the case and closed the file.

            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 of Representatives, 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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