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Weekly Digest

 

For Immediate Release

Contact

Judith Ingram

October 19, 2012

Julia Queen
  Christian Hilland
   
 

ISSUE 2012-42

Weekly Digest

Week of October 15 – 19

COMMISSION MEETINGS AND HEARINGS

On October 16, the Commission held an executive session.

On October 18, the Commission held an open meeting. Click here for agendas and related documents for open meetings. Click here for audio recordings for selected meetings, hearings and presentations.

AUDITS

Audit Division Recommendation Memorandum on the Minnesota Democratic-Farmer-Labor Party. On October 18, the Commission discussed, but did not approve by the required four affirmative votes, a finding relating to the misstatement of financial activity in the Audit Division Recommendation Memorandum on the Minnesota Democratic-Farmer-Labor Party, covering campaign finance activity between January 1, 2007 and December 31, 2008. The Commission approved the second finding of the Recommendation Memorandum, which related to the issue of overfunding of federal accounts by non-federal accounts. The Audit Division will prepare the Proposed Draft Final Audit Report, which will incorporate changes based on the discussion at the open meeting, within 30 days.

Audit Division Recommendation Memorandum on Rightmarch.com PAC, Inc. On October 18, the Commission discussed and then held over until the next open session the Audit Division Recommendation Memorandum on Rightmarch.com PAC, Inc., covering campaign finance activity between January 1, 2007 and December 31, 2008. The Audit Division Recommendation Memorandum recommends that the Commission approve the findings presented in the Draft Final Audit Report related to the misstatement of financial activity, extension of credit by a commercial vendor and the failure to file notices and properly disclose independent expenditures.

Proposed Final Audit Report on the Los Angeles County Democratic Central Committee. On October 18, the Commission approved the proposed final audit report on the Los Angeles County Democratic Central Committee, covering campaign finance activity between January 1, 2007 and December 31, 2008. The proposed final audit report presented findings related to the misstatement of financial activity and misstatement of Levin Fund financial activity. The Commission instructed the Audit Division to incorporate changes based on the discussion at the meeting.

LITIGATION 

Johnson v. FEC (Case 8:12-cv-01626-ODW-JC). On October 15, the United States District Court for the Central District of California on Monday issued a Dismissal Order dismissing the case without prejudice.

Johnson v. FEC (Case 12-1418). On October 17, plaintiffs Gary E. Johnson, James P. Gray, and Gary Johnson 2012, Inc. filed a Petition for Review and an Emergency Motion for Mandatory Injunction, Writ of Mandamus or Other Appropriate Relief  against the Commission and the United States in the United States Court of Appeals for the District of Columbia Circuit. On October 18, the Appeals Court issued an Order denying the plaintiffs’ motion.

Stop This Insanity, Inc. Employee Leadership Fund, et al. v. FEC (Case 1:12-cv-01140-BAH). On October 18, the Commission filed a Reply in Support of its Motion to Dismiss in the United States District Court for the District of Columbia.

Tea Party Leadership Fund, et al. v. FEC (Case 1:12-cv-1707-RWR) On October 18, the Tea Party Leadership Fund, John Raese and Sean Bielat filed a Complaint for Declaratory and Injunctive Relief, a Motion for Emergency Preliminary Injunction and a Memorandum of Law in Support of Motion for Emergency Preliminary Injunction in the United States District Court in the District of Columbia. The complaint challenges the six-month waiting period for multicandidate political committees making contributions in amounts of $5,000 per candidate per election, 2 U.S.C. § 441a(a)(4), and the $2,500 contribution limit per candidate per election that applies to political committees during the six-month period.

Van Hollen v. FEC (District Court Case 1:11-cv-00766-ABJ). On October 18, the Commission filed a Status Report pursuant to the U.S. District Court for the District of Columbia’s Orders of October  9 and 10, 2012, notifying the Court of the Commission's initial decision regarding the petition for rulemaking from the Center for Individual Freedom (CFIF) concerning electioneering communications reporting. Also on October 18, the District Court issued a Minute Order staying the case pending the FEC's consideration of the petition for rulemaking and ordering that the Commission file an updated Status Report on December 21, 2012.

RULEMAKING AND AGENCY PROCEDURES

Draft Notice of Availability of a Petition for Rulemaking on Electioneering Communications Reporting. On October 18, the Commission approved a Draft Notice of Availability of a Petition for Rulemaking on Electioneering Communications Reporting that was filed by the Center for Individual Freedom. The petition requests that the Commission conduct a rulemaking proceeding to revise its regulations relating to electioneering communications reporting. Statements by the public in support of or in opposition to the Petition must be submitted within 60 days of publication of the Notice of Availability in the Federal Register.

OUTREACH

On October 16, Communications Specialist Isaac Baker discussed campaign finance law and Commission operations with a group of Ukrainian journalists as part of a State Department-sponsored program.

PRESS RELEASES

District Court Issues Order in Johnson v. FEC (issued October 16)

FEC Votes on Findings in Two Audit Division Recommendation Memorandums, Approves a Proposed Final Audit Report and a Draft Notice of Availability of a Petition For Rulemaking (issued October 18)


Appeals Court Issues Order in Johnson v. FEC (issued October 19)

CAMPAIGN FINANCE REPORTS

October 15: October Quarterly Reports were due. For information on quarterly reporting dates, refer to the 2012 Quarterly Reporting page of the Commission website.

UPCOMING COMMISSION MEETINGS

December 12: On Wednesday, December 12, 2012 at 10:00 a.m., the Commission will hold a public hearing to discuss several key issues related to its enforcement process, including issues relating to the documents that were released to the public recently. Any general questions and comments related to the documents can be sent to Documents_Feedback@fec.gov.

UPCOMING EDUCATIONAL PROGRAMS

November 14, Federal Election Commission, Washington, DC. Roundtable Workshop/Webinar on Winding Down the Campaign. Additional information is available on the Educational Outreach page of the Commission website.

UPCOMING REPORTING DUE DATES

October 20: October Monthly Reports are due. For more information on monthly reporting dates, refer to the 2012 Monthly Reporting page of the Commission website.

October 25: Pre-General Reports are due. For information on general election reporting dates, refer to the 2012 General Election Reporting page of the Commission website.

December 6:  Post-General Reports are due.  For information on general election reporting dates, refer to the 2012 General Election Reporting page of the Commission website.

OTHER RESOURCES

The 2012 edition of the Combined Federal State Disclosure and Election Directory is available in the Public Records section of the Commission website. This publication identifies the federal and state agencies responsible for the disclosure of campaign finances, lobbying, personal finances, public financing, candidates on the ballot, election results, spending on state initiatives and other financial filings.

An index to the Record news articles published in 2012 is available on the Commission website. The Record news page is available in the Publications section of the Commission website. Sign up to receive email notification when new articles are posted.

The FEC Annual Reports from 1975-2006 are now available on the website. Beginning in 2007, the Commission consolidated its Annual Report with its Performance and Accountability Report (PAR) to provide a single account of the agency's activities for each fiscal year.

Printed copies of the 2012 edition of Title 11 of the Code of Federal Regulations are now available. To order, call (800)424-9530 (press 6) or send an email to info@fec.gov.

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