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Weekly Digests


For Immediate Release

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Judith Ingram

April 5, 2013

Julia Queen
  Christian Hilland
   
 

ISSUE 2013-14

Weekly Digest
Week of April 1 – 5

COMMISSION MEETINGS AND HEARINGS

No Commission open meetings or executive sessions were scheduled this week.

ADVISORY OPINIONS

Request Received

AOR 2013-01 (1787 National Committee, Inc.). On April 3, the Commission made public Advisory Opinion Request 2013-01. The 1787 National Committee is a political committee that is registered with the Commission.  It asks to be recognized as the national committee of a political party.  The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than April 15, 2013) and shall issue a response no later than 60 days after receipt of the complete request, specifically by May 24, 2013.

ENFORCEMENT

The Commission made public two closed cases and one Statement of Reasons. For more information, see the case documents in the Enforcement Query System.

MUR 6542
COMPLAINANT: Morgan Anderssen-Williams
RESPONDENTS: Markwayne Mullin; Mullin for Congress and Debbie Dooley, in her official capacity as treasurer; Mullin Plumbing, Inc.; Superior Wood Floors, Inc.; Branchcomb, Inc.; Reco Electric Co.; and Mother Nature’s Inc.
SUBJECT: The complaint alleged that Mullin for Congress and Dooley, in her official capacity as treasurer, (the Committee) accepted impermissible contributions. Specifically, the complaint alleged that the Committee made an “excessive number” of redesignations and reattributions of contributions and accepted impermissible direct contributions including: (1) contributions in excess of the 2012-cycle $2,500 per election limit, including unidentified contributions of $10,000 or more, (2) unidentified contributions from “businesses” that were “redesignated” as contributions from individuals, and (3) direct corporate contributions from Superior Wood Floors, Inc., Mother Nature’s Inc., Reco Electric Co., and Branchcomb, Inc. The complaint alleged further that Mullin Plumbing made and the Committee accepted in-kind corporate contributions when the Committee used Mullin Plumbing resources including “storefront images, logo-bearing Mullin plumbing vehicles, and business employees” in the Committee’s print and video advertising. Mullin was a 2012 candidate for Oklahoma’s 2nd Congressional District.
DISPOSITION: The Commission found no reason to believe Superior Wood Floors, Inc., Branchcomb, Inc., Reco Electric Co., and Mother Nature’s, Inc. made and the Committee received prohibited corporate contributions because (1) the Committee timely refunded contributions from Mother Nature’s Inc., Superior Wood Floors, Inc. and Reco Enterprises (a business with a name similar to Reco Electric Co.) and (2) the president of Branchcomb, Inc., denied making a contribution to the Committee and the Committee asserts that Branchcomb Asphalt, another company with a similar name to a company named in the complaint, is an unincorporated sole proprietorship authorized to make contributions. The Commission dismissed the allegations pertaining to the excessive and prohibited corporate contributions in light of the apparent de minimis amounts at issue but cautioned the Committee regarding the receipt of excessive contributions and reminded Mullin, Mullin Plumbing and the Committee concerning the prohibition on corporate contributions.

MUR 6543
COMPLAINANT: Thomas R. Hawk
RESPONDENTS: Unknown Respondents
SUBJECT: The complaint alleged that unknown persons or entities made automated pre-recorded telephone calls containing express advocacy to voters in North Carolina’s 10th Congressional District without required disclaimers. 
DISPOSITION: The Commission closed the file.  A Statement of Reasons was issued by Chair Ellen L. Weintraub.

ADMINISTRATIVE FINES

The Commission made public 23 campaign finance enforcement matters that were resolved through its Administrative Fines (AF) program.

AF 2506 – Jim Greenfield for Congress and Dan Hegg, in his official capacity as treasurer. The Commission terminated proceedings.

AF 2520 – Modica for Senate and Julien Modica, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $7,150.

AF 2550 – Modica for Senate and Julien Modica, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $8,937.

AF 2552 – National Association of Farm Service Agency County Office Employees Inc PPC aka NASCOE PAC and Robert L. Redding Jr., in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $680.

AF 2555 – Strong Utah PAC and Michael D. Edmonds, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $3,850.

AF 2573 – Bennett for Senate Committee and Joshua A. Tardy, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $135.

AF 2576 – Committee to Elect Ernie Beltz Jr for US Congress and Nathan Christopher, in his official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 2579 – Dan Liljenquist for US Senate and Mike McCauley, in his official capacity as treasurer. The Commission made a final determination to take no further action.

AF 2581 – Elect Clark Hall and P.R. Clatworthy, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $145.

AF 2583 – Hoosiers Supporting Buyer for Congress and Stephanie Mattix, in her official capacity as treasurer. The Commission made a final determination assessed a civil penalty of $550.

AF 2586 – Kathleen Hicks for Congress and Camille Rodriguez, in her official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 2590 – Mark Oxner for Congress and Amparo O. Oxner, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $990.

AF 2595 – Salomon Torres for Congress and Juan E. Rivera, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $110.

AF 2597 – Steve Salazar and Rosario Rodriguez, in her official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 2600 – Terry White for Indiana and Philip Schnautz, in his official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 2601 – Texans for Ky Griffin, Rhonda Griffin, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $215.

AF 2606 – American Conservative Union and Melissa Bowman, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,650.

AF 2609 – Libertarian Party of Indiana and Todd Singer, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $2,800.

AF 2610 – Natl Assn of Alchoholism/Drug Abuse Counselors Political Action Committee and John Lisy, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $337.

AF 2611 – Pipefitters Local Union #524 and Michael Tigue, III, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $320.

AF 2613 – Tri-State Maxed Out Women and Marcia Dickstein Sudolsky, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,430.

AF 2614 – Monterey County Republican Central Committee (Fed.) and Thomas J. Dominy, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $990.

AF 2616 – Pittenger for Congress LLC and Charles T. Greer, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $31,010.

For more information, see the case documents in the Enforcement Query System.

LITIGATION

CREW v. FEC (Case 12-5004).  On April 2, the United States Court of Appeals for the District of Columbia Circuit issued an Opinion, reversing the District Court’s grant of summary judgment to the Commission, and remanding to the District Court for further proceedings.

Free Speech v. FEC (Case 12-8078). On April 1, the United States Court of Appeals for the Tenth Circuit issued an Order.

PRESS RELEASES

Appeals Court Issues Opinion in CREW v. FEC (issued April 2)

UPCOMING COMMISSION MEETINGS

April 9: The Commission is scheduled to hold an executive session.

April 11: The Commission is scheduled to hold an open meeting.

UPCOMING EDUCATIONAL PROGRAMS

April 24, Federal Election Commission, Washington, DC. “Seminar/Webinar for Corporations and their PACs.” Additional information is available on the Educational Outreach page of the Commission website.

May 22, Federal Election Commission, Washington, DC. “Seminar/Webinar for Trade Associations, Labor Organizations, Membership Organizations and their PACs.” Additional information is available on the Educational Outreach page of the Commission website.

UPCOMING REPORTING DUE DATES

April 15: April Quarterly Reports are due. For information on quarterly reporting dates, refer to the 2013 Quarterly Reporting page of the Commission website.

April 20: April Monthly Reports are due. For more information on monthly reporting dates, refer to the 2013 Monthly Reporting page of the Commission website.

OTHER RESOURCES 

The Official 2012 Presidential General Election Results are available in the Library section of the website. This listing was compiled from the official election results published by state election offices.

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 and can be downloaded from the website. To order, call (800)424-9530 (press 6) or send an email to info@fec.gov.

Instructional videos are available on YouTube at http://www.youtube.com/user/FECTube?feature=watch. These videos are also available on the Commission's E-Learning resources page at http://www.fec.gov/info/elearning.shtml.


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