Week of July 25 – 29
COMMISSION MEETINGS AND HEARINGS
No Commission open meetings or executive sessions were scheduled this week.
The Commission made public two closed cases, as follows. For more information, see the case documents in the Enforcement Query System.
COMPLAINANT: William D. Haney
RESPONDENTS: Tom MacArthur for Congress and Ronald Gravino, in his official capacity as treasurer (Committee); and Tom MacArthur
SUBJECT: The complaint alleged that a television advertisement aired by MacArthur and the Committee failed to include a written statement of approval by the candidate. MacArthur was a 2014 candidate for New Jersey’s 3rd Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter. The Commission observed that the advertisement at issue contained identifying information sufficient to indicate that MacArthur and the Committee had authorized it.
COMPLAINANT: David McKeon
RESPONDENT: Friends for Harry Reid and Claude Zobell, in his official capacity as treasurer (Reid Committee); Harry M. Reid; and Friends for Flores; and Lucy Flores (Flores Committee)
SUBJECT: The complaint alleged that the Reid Committee failed to include a proper disclaimer on an email that solicited funds for the Flores Committee, a state committee, which did not state that corporate contributions were prohibited. Senator Reid was a 2016 candidate for Nevada’s United States Senate seat.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter as to Reid and the Reid Committee. The Commission observed that the Reid Committee had taken corrective actions and that the amount in violation was modest. There was no information indicating that any of the Flores Committee’s activities related to contributions resulting from the Reid email violated the Federal Election Campaign Act of 1971 and as a result, the Commission made a no reason to believe finding.
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 799 – Utah State Democratic Committee and Peter Corroon, in his official capacity as treasurer. The respondent agreed to (1) circulate a written policy document regarding employee timekeeping log procedures to all employees, (2) develop and implement new allocation procedures focusing on the requirements of 11 C.F.R. § 106.7 and circulate a written copy of those procedures, and (3) pay a civil penalty of $1,550.
CREW v. FEC (Case 1:15-cv-02038-RC). On July 28, the plaintiffs filed a Motion for Summary Judgment in the United States District Court for the District of Columbia.
FEC v. Lynch (Case 9:15-cv-81732-KAM). On July 25, the Commission filed its Opposition to Defendant Edward J. Lynch's Amended Motion to Dismiss in the United States District Court for the Southern District of Florida.
Independence Institute v. FEC (Case 1:14-cv-01500-CKK-PAM-APM). On July 27, Campaign Legal Center, Democracy 21, and Public Citizen, Inc. filed a Brief Amici Curiae in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Commission's Cross-Motion for Summary Judgment in the United States District Court for the District of Columbia.
McChesney, et al. v. FEC (Case 8:16-cv-00168-LSC-FG3). On July 28, the plaintiffs filed a Brief in Opposition to the Motion of the Commission and Chairman Matthew S. Petersen to Dismiss Complaint and a Notice of Dismissal Without Prejudice of Defendant United States of America Only in the United States District Court for the District of Nebraska.
Stop Reckless Economic Instability caused by Democrats, et al. v. FEC (Case 15-1455). On July 21, 2016, the Petitioner filed a Petition for Writ of Certiorari in the United States Supreme Court.
Unnamed Plaintiff #1 et al v. FEC (Case 2:16-cv-00135-SWS). On May 25, Unnamed Plaintiff #1, Unnamed Plaintiff #2 and Pillar of Law Institute filed a Verified Complaint for Declaratory Injunctive Relief in the United States District Court for the District of Wyoming, challenging the constitutionality of 52 U.S.C. § 30118 to the extent it prohibits non-profit organizations from making certain contributions or expenditures in connection with delegates or national party conventions. On June 3, the plaintiffs filed a Motion for Preliminary Injunctive Relief and a Memorandum in Support of Motion for Preliminary Injunction On June 17, the Commission filed its Opposition to Plaintiff's Motion for Preliminary Injunction. On June 21, the plaintiffs filed a Reply Brief to Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction. On July 22, the parties filed a Notice of Settlement and Stipulated Consent Order, and the court issued a Consent Order and Judgment.
The Commission has posted a series of educational videos on FECTube for Independent Expenditure reporting (including 24 and 48 Hour reports).
On July 25-28, Vice Chairman Steven T. Walther, Commissioner Ann M. Ravel and Commissioner Ellen L. Weintraub attended the Democratic National Convention in Philadelphia, Pennsylvania.
On July 25, the Commission’s Office of Inspector General (OIG) made public its Root Causes of Low Employee Morale Study.
FEC Cites Committees for Failure to File July Quarterly Financial Report (issued July 29)
FEC Cites Committees for Failure to File 12-Day Pre-Primary Financial Report (issued July 29)
UPCOMING COMMISSION MEETINGS AND HEARINGS
August 18: The Commission is scheduled to hold an open meeting.
August 23: The Commission is scheduled to hold an executive session.
Meeting dates are subject to change. Please contact the Press Office the week of the scheduled meeting for confirmation.
UPCOMING REPORTING DUE DATES
August 20: August Monthly Reports are due. For more information on monthly reporting dates, refer to the 2016 Monthly Reporting page of the Commission website.
Commission staff, together with our partners at 18F, continue to add new features to the agency's beta.fec.gov website. The Commission encourages website visitors to submit comments and questions by clicking on the “Feedback” tab at the bottom of each page.
ADDITIONAL RESEARCH MATERIALS
Additional research materials about the agency, campaign finance information, and election results are available through the Library section of the Commission website.
The 2016 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 Commission has published the July Record newsletter. Sign up to receive email notification when new Record articles are posted.
The 2016 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 email@example.com.
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