Week of July 22 – 26
COMMISSION MEETINGS AND HEARINGS
On July 23, the Commission held an executive session.
On July 25, the Commission held an open meeting. Click here for agendas and related documents for open meetings. Click here for audio recordings of selected meetings, hearings and presentations.
Advisory Opinions Issued
AO 2013-05 (Gallegly). On July 25, the Commission concluded that the requestor, a former member of the U.S. House of Representatives, may use campaign funds to pay for the temporary storage of his officeholder and campaign materials pending their final disposition after his retirement from federal office because these are ordinary and necessary expenses incurred in connection with his duties as a federal officeholder.
AO 2013-06 (DSCC). On July 25, the Commission concluded that (1) same-sex couples married under state law are “spouses” for the purpose of Commission regulations and therefore the requestor may apply 11 CFR 110.1(i) to the contributions it receives from such persons, (2) a Senate candidate who is legally married to a same-sex spouse may utilize “jointly owned assets” under 11 CFR 100.33(c) and 100.52(b)(4) under the same conditions as a Senate candidate who is married to an opposite-sex spouse, and (3) DSCC representatives may appear at restricted-class events, pursuant to 11 CFR 114.3(c)(2), at which legally married same-sex spouses are present as “families” of other restricted class members under 11 CFR 114.1(j).
AO 2013-07 (Winslow II). On July 25, the Commission concluded that same-sex couples married under state law are “spouses” for the purpose of Commission regulations and therefore the requestor may apply 11 CFR 110.1(i) to the contributions it receives from such persons.
Advisory Opinions Considered
AOR 2013-04 (Democratic Governors Association/Jobs and Opportunity). On July 25, the Commission discussed three drafts and then held over an advisory opinion request from the Democratic Governors Association (DGA) and Jobs and Opportunity. DGA is an independent, unincorporated political organization that operates under section 527 of the Internal Revenue Code. Its membership consists of the nation's incumbent Democratic governors. Jobs and Opportunity intends to be a separate 527 organization that will engage in independent spending in gubernatorial races. The requestors ask whether, under the Federal Election Campaign Act of 1971, as amended, and Commission regulations, their disbursements for voter registration, get-out-the-vote activities, voter identification, and generic campaign activities may be made with non-federal funds.On July 22, the Commission made public a comment on Advisory Opinion Request 2013-04.
The Commission made public six closed cases and two Statements of Reasons, as follows. For more information, see the case documents in the Enforcement Query System.
Commissioners’ Statements Issued
MUR 6081 – American Issues Project, Inc.; Ed Martin; Ed Failor Jr.; and Harold Simmons. On July 25, Vice Chairman Donald F. McGahn and Commissioners Caroline C. Hunter and Matthew S. Petersen issued a Statement of Reasons.
MUR 6540 – Rick Santorum for President and Nadine Maenza, in her official capacity as treasurer; Michigan Faith & Freedom Coalition; Glenn Clark; and The Palazzo Grande, Inc. On July 25, Vice Chairman Donald F. McGahn and Commissioner Caroline C. Hunter issued a Statement of Reasons.
Background Information Regarding Proposed Enforcement Manual – On July 25, Vice Chairman Donald F. McGahn issued a Statement.
The Commission made public three campaign finance enforcement matters that were resolved through its Administrative Fines (AF) program, as follows. For more information, see the case documents in the Enforcement Query System.
AF 2617 – Liberatore for Congress-2012 and Louis G. Baglietto, Jr., in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $20,330.
AF 2630 – Alex Pires for U.S. Senate and Stephen W. Spence, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $3,850.
AF 2708 – Friends of Mark Neumann, Inc. and Jack Voight, in his official capacity as treasurer. The Commission voted to take no further action.
Dan La Botz v. FEC (Case 1:13-cv-00997-RC). On July 1, La Botz filed a complaint in the United States District Court for the District of Columbia. The plaintiff is challenging the dismissal of an administrative complaint he filed in 2010 with the Commission.
McCutcheon, et al. v. FEC(Case 12-536). Oral argument is scheduled for October 8 in the United States Supreme Court.
On July 22, Chair Ellen L. Weintraub met with India's Chief Election Commissioner, V.S. Sampath, and other representatives of the Election Commission of India and the International Foundation for Electoral Systems to discuss the role of the Commission and recent developments in campaign finance law.
On July 23, Acting Associate General Counsel for Policy Adav Noti and Auditor Gary Hache discussed the Audit, Enforcement and Reporting functions of the Commission with P.K. Dash, Director General of the Election Commission of India.
Final Rules and Explanation and Justification on Civil Monetary Penalties Inflation Adjustments. On July 24, the Commission published the Final Rules and Explanation and Justification on Civil Monetary Penalties Inflation Adjustments in the Federal Register.
CAMPAIGN FINANCE REPORTS
The Commission posted the filing deadlines for the Special Election in Massachusetts’ 5th Congressional District. For information on reporting dates for this election, refer to the Special Election Report Notice.
August 20-21, Austin, Texas, Regional Conference for House & Senate Campaigns, Political Party Committees and Corporate/Trade/Labor PACs. Additional information is available on the Educational Outreach page of the Commission website.
October 23-24, San Francisco, California, Regional Conference for House & Senate Campaigns, Political Party Committees and Corporate/Trade/Labor PACs. Additional information is available on the Educational Outreach page of the Commission website.
UPCOMING REPORTING DUE DATES
July 20: July Monthly Reports are due. For information on monthly reporting dates, refer to the 2013 Monthly Reporting page of the Commission website.
July 31: Mid-Year reports are due. For more information on semiannual reporting dates, refer to the Semiannual Reporting page of the Commission website.
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.
An index to the Record news articles published in 2013 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.
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.