Week of February 1 – 5
On February 2, the Commission held an Executive Session. Sunshine Act Notices for Executive Sessions are here.
ALTERNATIVE DISPUTE RESOLUTION
The Commission made public four campaign finance enforcement matters that were resolved through its Alternative Dispute Resolution (ADR) program. For more information, see the case documents in the Enforcement Query System.
ADR 486 – People for Carl Andrews Committee and Stephen R. Bokser as Treasurer. The respondents agreed to work with Commission staff to terminate the Committee.
ADR 512 – Yolo County Central Committee and William Julian II as Treasurer. The respondents agreed to implement compliance measures, send a representative to an FEC conference and pay a civil penalty of $1,500.
ADR 513 – Davis Democratic Club and Elizabeth Weir as Treasurer. The respondents agreed to implement compliance measures and send a representative to an FEC conference.
Republican National Committee v. FEC. On February 2, plaintiffs filed a Supplemental Memorandum Regarding Citizens United v. FEC in the United States District Court for the District of Columbia. The RNC complaint challenges the constitutionality of the Bipartisan Campaign Reform Act’s limits on the use of nonfederal funds by political party committees. The Plaintiffs state that the nonfederal fund provisions as applied to their intended activities are overly broad and unconstitutional under the First Amendment guarantees of free speech and association, and are outside of Congress’ authority to regulate elections. The Commission contends that those provisions are constitutional contribution limits that prevent corruption and the appearance of corruption.
Schonberg v. FEC. On February 2, the Commission filed a Motion to Dismiss in the United States District Court for the Middle District of Florida, Ocala Division. In this case, plaintiffs have filed a complaint against the FEC and certain Members of Congress and also requested an emergency injunction and an emergency three-judge court. The plaintiffs alleged that portions of the Federal Election Campaign Act of 1971, as amended (the Act), that permit Members of Congress to lead campaign committees are unconstitutional because they violate the Emoluments Clause, which states that Members can't hold other federal offices while in Congress. The United States District Court for the Middle District of Florida denied the plaintiffs' requests for emergency relief.
Mike Gravel for President 2008. The audit, which was conducted under the FEC’s mandate to audit every committee that received matching funds from the U.S. Treasury, revealed no issues requiring correction.
RULEMAKING AND AGENCY PROCEDURES
On February 5, the Commission posted a Supplemental Notice of Proposed Rulemaking on Coordinated Communications. The NPRM on Coordinated Communications proposes possible alternatives to the regulations that govern communications made in coordination with federal candidates, their authorized committees or political parties but paid for by other persons. The NPRM also proposes to define “promote, support, attack, or oppose.” The Commission will hold a hearing on March 2 and 3, 2010. Comments are due on February 24.
On February 3, the Commission introduced a new Compliance Map on its website, which sets out key dates and timeframes for disclosure of campaign finances in each state.
FEC Introduces New Compliance Map (issued February 3)
FEC Takes Final Action on Five Cases (issued February 4)
FEC Statement on the Supreme Court’s Decision in Citizens United v. FEC (issued February 5)
February 24, Washington, FEC Travel Rules Workshop. The program flyer is here.
March 9-10, Washington, Conference for Corporations and their PACs. Conference and registration information and the agenda are here.
April 7, Washington, Seminar for Nonconnected Committees. The seminar registration information and agenda are here.
NEXT WEEK (FEBRUARY 8 – 12, 2010)
February 9-10, New Orleans, LA – Regional Conference for Campaigns, Party Committees and Corporate/Labor/Trade PACs. Conference and registration information and the agenda are here.
UPCOMING REPORTING DUE DATES
February 20: Disclosure reports for monthly filers are due. Click here for information on electronic filing.