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Weekly Digests


For Immediate Release Contact Judith Ingram
August 23, 2013 Julia Queen
  Christian Hilland
   
  ISSUE 2013-34

Weekly Digest

Week of August 19 - 23

COMMISSION MEETINGS AND HEARINGS

On August 22, 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

Advisory Opinions Issued

AO 2013-08 (American Veterinary Medical Association). On August 21, the Commission made public a second draft advisory opinion.  On August 22, the Commission concluded that the American Veterinary Medical Association or AVMA, a professional association for veterinarians, may solicit contributions for AVMA PAC, its separate segregated fund, from members of the Student American Veterinary Medical Association.

AO 2013-09 (Special Operations Speaks PAC and Robert L. Maness). On August 22, the Commission concluded that because Special Operations Speaks PAC (SOS) has not made contributions to at least five federal candidates and therefore is not yet qualified as a multicandidate political committee, it is prohibited from contributing more than $2,600 per election to Maness, and Maness is prohibited from knowingly accepting more than $2,600 per election from SOS.

Advisory Opinions Considered

AOR 2013-04 (Democratic Governors Association and Jobs & Opportunity). On August 22, the Commission discussed 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 August 22, the Commission received an extension to issue a response by September 12, 2013.

Request Withdrawn

AOR 2013-10 (National Republican Senatorial Committee, National Republican Congressional Committee, Democratic Senatorial Campaign Committee and Democratic Congressional Campaign Committee). On August 21, the requestors withdrew their request for an Advisory Opinion. The requestors had asked whether national party committees may pay for building related expenses from separate federal accounts that the committees have established to pay for recounts and some other expenses.

ENFORCEMENT

The Commission made public one Statement of Reasons, as follows. For more information, see the case documents in the Enforcement Query System.

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 August 23, Chair Ellen L. Weintraub and Commissioner Steven T. Walther issued a Statement of Reasons.

ALTERNATIVE DISPUTE RESOLUTION

The Commission made public one campaign finance enforcement matter that was resolved through its Alternative Dispute Resolution (ADR) program, as follows. For more information, see the case documents in the Enforcement Query System.

ADR 629– Randy Hultgren for Congress and Paul Kilgore, in his official capacity as treasurer. The respondent agreed to (1) develop and certify implementation of compliance measures, (2) send a representative to an FEC conference, and (3) pay a civil penalty of $2,500.

AUDITS

Audit Division Recommendation Memorandum on the Arizona Republican Party (ARP). On August 22, the Commission discussed the Audit Division Recommendation Memorandum on the ARP, covering campaign finance activity between January 1, 2009 and December 31, 2010. The Commission approved findings related to the misstatement of financial activity and the reporting of debts and obligations. The Commission also approved part of a finding related to reported coordinated party expenditures but did not approve part of that finding by the required four affirmative votes.  The Audit Division will prepare the Proposed Final Audit Report within 30 days.

Audit Division Recommendation Memorandum on the Mississippi Democratic Party PAC (MDP). On August 22, the Commission approved the Audit Division Recommendation Memorandum on the MDP, covering campaign finance activity between January 1, 2009 and December 31, 2010, subject to changes discussed at the open meeting. The Audit Division Recommendation Memorandum proposed that the Commission approve findings presented in the Draft Final Audit Report related to the misstatement of financial activity, disclosure of disbursements, disclosure of occupation/name of employer and recordkeeping for employees. The Audit Division will prepare the Proposed Final Audit Report within 30 days.

LITIGATION

Conway for Senate v. FEC (Case 3:12-cv-00244-CRS-JDM). On August 20, the United States District Court for the Western District of Kentucky at Louisville issued its Memorandum Opinion and Order granting the Commission’s motion for summary judgment.

Shaun McCutcheon, et al., v. FEC (Case 12-536). On August 19, Appellant McCutcheon filed a Reply Brief in the United States Supreme Court. On August 16, Appellant RNC filed its Reply Brief.

Wagner v. FEC (Case 13-5162). On August 23, Plaintiffs filed a Reply Brief in the United States Court of Appeals for the District of Columbia Circuit.

CAMPAIGN FINANCE REPORTS

The Commission posted the filing deadlines for the Special Election in Louisiana’s 5th Congressional District. For information on reporting dates for this election, refer to the Special Election Report Notice.

PRESS RELEASES

District Court Issues Order in Conway for Senate v. FEC (issued August 21)

FEC Approves Two Advisory Opinions, Two Audit Division Recommendation Memorandums (issued August 22)

EDUCATIONAL PROGRAMS

On August 20-21, the Commission hosted a Regional Conference for House & Senate Campaigns, Political Party Committees and Corporate/Trade/Labor PACsin Austin, Texas.

UPCOMING EDUCATIONAL PROGRAMS

September 25, Federal Election Commission, Washington, DC. “Webinar: Candidate 101: Preparing for the Next Election Cycle.” Additional information is available on the Educational Outreach page of the Commission website.

October 2, Federal Election Commission, Washington, DC. “Webinar: October Quarterly Reporting for Candidate Committees.” Additional information is available on the Educational Outreach page of the Commission website.

October 2, Federal Election Commission, Washington, DC. “Webinar: FECFile and E-Filing for Candidate Committees.” 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 COMMISSION MEETINGS

September 12: The Commission is scheduled to hold an open meeting.


OTHER RESOURCES

The 2013 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.

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.

The 2012 edition of Title 11 of the Code of Federal Regulations can be downloaded from the website. To order printed copies, 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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