Week of June 5 – June 9, 2017

Commission meetings and hearings

• On June 6 and 8, the Commission held an executive session.
  
• ·On June 8, the Commission held an open meeting.

Advisory opinions

Advisory Opinions Considered

Advisory Opinion Request 2017-01 (American Urological Association)

On June 8, the Commission considered a draft advisory opinion in response to a request from the American Urological Association (AUA) and held the matter over until the open meeting on June 22. During the discussion, the Commission heard from Counsel and the Requestor. The requestor asks if it must remain affiliated with the American Association of Clinical Urologists (AACU). The Commission received an Extension of Time until June 26, 2017, to issue an advisory opinion.

Advisory Opinion Request 2017-03 (American Association of Clinical Urologists, Inc. et al.)

On June 8, the Commission considered a draft advisory opinion in response to a request from the AACU and its separate segregated fund, UROPAC, and held the matter over until the open meeting on June 22. The requestors ask whether the American Association of Clinical Urologists remains affiliated with the AUA. During the discussion, the Commission heard from Counsel for the Requestor.

Comment received

Advisory Opinion Request 2017-04 (Lancman for Congress)

On June 5, the Commission received a comment on AOR 2017-04. The requestors are Rory Lancman, a member of the New York City Council and a former candidate for the U.S. House of Representatives, and Lancman for Congress, his authorized federal campaign committee. The requestors ask whether the committee may accept a transfer of certain funds from Lancman’s non-federal campaign committee in order to retire the federal committee’s outstanding debt.

Enforcement

The Commission made public six closed cases, as follows. For more information, see the case documents in the Enforcement Query System.

MUR 7053

• COMPLAINANT: FEC-Initiated
  
• RESPONDENTS: Flemming for Congress and Martha Flemming, in her official capacity as treasurer; Spanky, LLC; and Sherry Hackett
  
• SUBJECT: In the normal course of carrying out its supervisory responsibilities, the Commission initiated proceedings to determine whether there was reason to believe Spanky LLC made and the Committee accepted excessive contributions. Hackett was the sole member of Spanky LLC. Stanley L.K. Flemming was a 2012 primary candidate for Washington’s 10^th Congressional District.
  
• DISPOSITION: On April 26, 2016, the Commission found reason to believe that Spanky, LLC made and the Committee knowingly accepted $146,400 in excessive contributions in the form of two loans. On May 4, 2017, the Commission closed the file.
  

MUR 7063

• COMPLAINANTS: Dr. Michael P. Ward; and Ward for Senate and Chrissie Hastie, in her official capacity as treasurer
  
• RESPONDENT: Arizona Grassroots Action PAC and Lisa Lisker, in her official capacity as treasurer (AGA PAC); and Unknown Respondents
  
• ·SUBJECT: The complaint alleged that AGA PAC, an independent expenditure-only political committee, distributed a mailer that expressly advocated against a federal candidate but failed to include a disclaimer.
  
• DISPOSITION: The Commission closed the file.
  

MUR 7065

• COMPLAINANT: Craig Myers
  
• RESPONDENT: Joe Montes for Congress 2016 and Thomas Montgomery, in his official capacity as treasurer (the Committee)
  
• SUBJECT: The complaint alleged that the Committee sent out a mass mailing that lacked an appropriate disclaimer including the required “paid for by” language. Montes was a 2016 primary candidate for California’s 1^st Congressional District.
  
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in consideration of Commission priorities. The Commission observed that it was unlikely the general public would have been misled as to who was responsible for the mailing.
  

MUR 7109

• COMPLAINANT: Ramon Miramontes
  
• RESPONDENTS: Anthony Portantino; Anthony Portantino for Senate 2016 (State Committee); and Anthony Portantino Congressional Exploratory Committee and David Gould, in his official capacity as treasurer (Federal Committee)
  
• SUBJECT: The complaint alleged that Portantino improperly transferred $275,000 from his State Committee to his Federal Committee as repayment of a loan. The complaint alleged further that the State Committee appeared to have commingled the loan proceeds with non-federal funds. Portantino was a 2012 candidate for California’s 26^th Congressional District.
  
• DISPOSITION: The Commission found no reason to believe a violation occurred because the facts in this matter are materially indistinguishable from those presented in Advisory Opinion 2002-08 (Vitter), in which the Commission concluded that funds that had been loaned or transferred from a candidate’s federal committee to his state committee could be repaid to the federal committee without resulting in a violation, so long as the funds used for repayment were subject to the limitations, prohibitions and reporting requirements of the Federal Election Campaign Act of 1971, as amended.
  

MUR 7110

• COMPLAINANT: Mitchell W. Berger
  
• RESPONDENTS: Tim Canova for Congress and Yates Edison Fulbright in his official capacity as treasurer (the Committee); and Timothy A. Canova
  
• SUBJECT: The complaint alleged that Canova and the Committee aired two television ads critical of Canova’s opponent in the 2016 primary election in Florida’s 23^rd Congressional District, which failed to include a required four-second written disclaimer at the end of the ad identifying the candidate and stating that he approved the ad.
  
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in consideration of Commission priorities. The Commission observed that the general public likely would not have been confused as to who sponsored and paid for the ads.
  

MUR 7144 

• COMPLAINANT: Beatriz Lebron
  
• RESPONDENTS: Christopher L. Jacobs; Martina V. Rehorik; and Jeb 2016, Inc. and William Simon, in his official capacity as treasurer (the Committee)
  
• SUBJECT: The complaint alleged that Jacobs made and the Committee accepted a contribution in the name of Rehorik. The complaint alleged further that Rehorik may have been a foreign national and that she made, and the Committee accepted, a prohibited foreign national contribution.
  
• DISPOSITION: The Commission found no reason to believe Jacobs, Rehorik or the Committee made or received a contribution in the name of another because the available record does not suggest Jacobs provided Rehorik with the funds for the contributions. The Commission also found no reason to believe Rehorik made and the Committee accepted a prohibited foreign national contribution because Rehorik is a green card holder.

Reports

On June 6, the Office of Inspector General issued its Semiannual Report to Congress.

Educational programs

On June 7, the Commission hosted a webinar for candidate committees. Additional information is available on the Educational Outreach page of the Commission website.

Upcoming Commission meetings and hearings

• June 21: The Commission is scheduled to hold an executive session.
  
• June 22: The Commission is scheduled to hold an open meeting and executive session.
  
• Meeting dates are subject to change. Please contact the Press Office the week of the scheduled meeting for confirmation.

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Upcoming educational programs

June 28: FECFile Webinar for Candidate Committees. Additional information is available on the Educational Outreach page of the Commission website.

Upcoming reporting due dates

June 20: June Monthly Reports are due. For more information on monthly reporting dates, refer to the 2017 Monthly Reporting page of the Commission website.

Additional research materials

The Official 2016 Presidential General Election Results are available in the Library section of the website. This listing was compiled from the official vote totals published by state election offices.
Additional research materials about the agency, campaign finance information, and election results are available through the Library section of the Commission website.

The latest 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 June Record, the last monthly publication of the newsletter. As of next month, The Record will be available solely as a continuously-updated online news source. Sign up to receive email notification when new Record articles are posted.

The 2017 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.