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For Immediate Release

Contact: 

Judith Ingram

August 31 , 2009

Julia Queen

  Christian Hilland

FEC TAKES FINAL ACTION ON SIX CASES

WASHINGTON – The Federal Election Commission recently made public its final action on six matters under review (MURs). In two matters, the Commission found no reason to believe a violation occurred. The Commission dismissed the four other matters.

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 6122

RESPONDENTS:

National Association of Home Builders; and Gary Miller for Congress and  Cathleen Miller, in her official capacity as treasurer

COMPLAINANT:

Aaruni Thakur

SUBJECT:

The complaint alleged that the National Association of Home Builders made a prohibited corporate expenditure, a prohibited PAC solicitation outside its restricted class and a prohibited in-kind contribution to Gary Miller for Congress in connection with a mailing praising Representative Miller’s (CA-42) voting record on certain issues.

OUTCOME:

The Commission found no reason to believe the respondents violated the Federal Election Campaign Act of 1971, as amended (the Act) or Commission regulations.

   
MUR 6166  
RESPONDENTS: Republican National Lawyers Association; Coleman for Senate ‘08 and Rodney A. Axtell, in his official capacity as treasurer; Coleman Minnesota Recount Committee and Anthony Sutton, in his official capacity as treasurer; Republican Party of Minnesota and Anthony Sutton, in his official capacity as treasurer; and Norm Coleman
COMPLAINANT: Minnesota Democratic-Farmer-Labor Party
SUBJECT: The complaint alleged the Republican National Lawyers Association (RNLA) made and Coleman for Senate ‘08 and Axtell, as treasurer, the Coleman Minnesota Recount Committee and Sutton, as treasurer, and the Republican Party of Minnesota and Sutton, as treasurer, received prohibited corporate contributions. The complaint further alleged that RNLA, a 527 organization, failed to register as a political committee and, along with the remaining respondents, failed to disclose the contributions on disclosure reports to the Commission.
OUTCOME: The Commission found no reason to believe the respondents violated the Act because the available information presented did not support the allegations in the complaint.
   

MUR6086

RESPONDENTS:

Jim Risch for U.S. Senate and R. John Insinger, in his official capacity as treasurer

COMPLAINANTS:

James D. Hansen and the Idaho Democratic Party

SUBJECT:

The complaint questioned whether the Committee and its treasurer properly reported and allocated expenses such as rent, overhead and staff salaries between then-candidate Risch’s law firm. Jim Risch was a Senate candidate from Idaho.

OUTCOME:

The Commission used its prosecutorial discretion and dismissed the matter in light of the complainants’ failure to present information supporting the allegations raised in the complaint.

   

MUR 6116

RESPONDENTS:

Timothy M. Cunha; Tim Cunha for Congress and Timothy M. Cunha, in his official capacity as treasurer

COMPLAINANT:

Sean Walsh

SUBJECT:

The complaint alleged that the Committee and Cunha, as treasurer, violated disclaimer provisions of the Act by failing to include a clearly identified image of the candidate of at least 80% of the vertical screen height on broadcast campaign advertisements. Cunha was a candidate for Florida’s 6th Congressional District.

OUTCOME: The Commission dismissed the case using its prosecutorial discretion in light of the technical and unintentional nature of the possible violation and the committee’s immediate action to address the allegation.
   

MUR 6125

RESPONDENTS:

McClintock for Congress and David Bauer, in his official capacity as treasurer; and Representative Tom McClintock

COMPLAINANT:

Charlie Brown for Congress by its Campaign Manager, Todd Stenhouse

SUBJECT:

The complaint alleged that the Committee and Bauer, as treasurer, placed automated calls advocating McClintock’s election and the defeat of his opponent but failed to include the required disclaimer. McClintock was a candidate in California’s 4th Congressional District.

OUTCOME:

The Commission used it prosecutorial discretion to dismiss the matter in light of the respondents’ sworn statements, the small potential dollar amount involved, and the possibility of vendor error. It sent a letter of caution, advising the Committee to take steps to ensure that its conduct is in compliance with the Act and Commission regulations.

   

MUR 6147

RESPONDENTS:

Kansas City Chiefs Football Club, Inc.; and John McCain 2008, Inc. and Joseph Schmuckler, in his official capacity as treasurer

COMPLAINANT:

David A. Raffel

SUBJECT:

The complaint alleged that the Kansas City Chiefs made an unreported in-kind contribution to the McCain Presidential campaign when a speech honoring veterans by the then-presidential candidate was broadcast on large stadium screens during a football game two days prior to the presidential election.

OUTCOME:

The Commission used its prosecutorial discretion and dismissed the matter, because the overall circumstances did not justify further enforcement since the tribute did not refer to the presidential election or to the candidate’s military record and did not contain any language promoting or supporting the candidate.

 

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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