Statements and Opinions
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Rulemakings
- Statement re: Political Committee Rulemaking Proposal concerning allocation of hard and soft money (proposed regulation setting minimum 50% federal share); "Political committee" status (proposed regulation to define term using 'major purpose' and 'promote, support, attack or oppose' standards)), April 2004 [PDF]
Statements of Reasons in Enforcement Actions
- MUR 5573, Westar Energy Inc., Richard Bornemann, et al. (re: Facilitation (lobbyist's solicitation activity was on behalf of corporate clients, not individual volunteer activity)), August 2005 [PDF]
- MUR 5491, Jerry Falwell Ministries, Inc. and Liberty Alliance, (re: Enforcement Policy (appropriate to not pursue independent internet activity when regulations give 'total carve out' to coordinated internet activity)), July 2005 [PDF]
- MUR 5519, Orgeon-Washington Veteran Action Committee, Inc. (Alternative Dispute Resolution (case should not have been referred to ADR since resolution would have required investigation)), May 2005 [PDF]
- MUR 5461, FantheVote.com, Kerry for President, et al. (re: Coordination (No evidence of "coordinated communication" re website, and OGC should have recommended 'no RTB' rather than 'dismissal'), April 2005 [PDF]
- MUR 5381, Utah League of Credit Unions et al. (re: "Member" definition (OGC erroneously suggested members of credit unions could be treated as members of trade association)), February 2005 [PDF]
- MUR 5181, Spirit of America PAC; Ashcroft 2000, et al. (re: Contribution -- what is, what is not (excessive in-kind contribution through mailing list and its use)), December 2003 [PDF]
- MURs 5146, 5154 and 5024 Michigan Democratic State Central Committee, Sierra Club, Inc and Council for Responsible Govt, Inc.(re: "Express Advocacy" -- (failure to find express advocacy and failure to be consistent)), December 2003 [PDF]
- MUR 5315, Wal-Mart, Sam's Club, Elizabeth Dole 2002 (re: Enforcement Policy, Media Exemption (should not have been dismissed based on media exemption)), September 2003 [PDF]
- MUR 5369, Rhode Island Republican Party, Chafee for US Senate (re: Party Coordinated Expenditure (should not have been dismissed with 'no reason to believe' finding)), August 2003 [PDF]
- ADR 105, (re: "Political committee" status requiring reporting (local party group may have undertaken 'exempt activity' not requiring reporting)), June 2003 [PDF]
- MUR 5338, (re: Enforcement Policy (OGC should not have opined that inactive group nonetheless might be affiliated with DNC)), April 2003 [PDF]
- MUR 4533, (re: Affiliation (OGC should not have opined that inactive group nonetheless might be affiliated with DNC)), April 2003 [PDF]
- MURs 4530/4531/4547/4642/4909, DNC, John Huang, Charlie Trie, et al. (re: Foreign Nationals (basis for finding person liable for soliciting, accepting, or receiving foreign national contributions)), September 18, 2002 [PDF]
- MUR 5224, Boston Globe and WBZ-TV, (re: Press Exemptions (proper criteria for analyzing debate exclusion cases)), September 16, 2002 [PDF]
- MUR 5156, "The Muleshoe Incident" (re: Enforcement Policy (FEC wastes time and resources when it deviates from Enforcement Priority System recommendations and finds 'RTB but take no further action')), July 2002 [HTML]
- PreMUR 395, College Republican National Committee (re: "Political committee" status (recent facts indicate group should be reporting)), May 2002 [HTML]
- MUR 4982, Republicans for Clean Air et al. (re: Coordination (FEC should have investigated campaign's connections with group; "Political Committee" status (group's major purpose was to influence the 2000 presidential primary)), April 2002 [HTML]
- MUR 4994, Ashcroft Victory Committee, Michigan Senate 2000, New York Senate 2000, et al. (re: Enforcement Policy (should have found 'reason to believe' in order to clarify law); Party Coordinated Expenditures (ads clearly for purpose of influencing particular Senate elections)), December 2001 [HTML]
- MURs 4382 & 4401, Republican National Committee, Dole for President (re: Party coordinated expenditures (party's payment of candidate's advance costs should have been pursued as violation)), December 2001 [HTML]
- Pre-MUR 395, College Republican National Committee (re: Enforcement Policy (case involving failure to register, and report should not have been dismissed as 'stale'); "Political committee" status (national party group's failure to register and report)), November 2001, [HTML]
- MUR 4624, The Coalition, National Republican Congressional Committee, et al. (re: Coordination (coordination regulations prevented proper legal analysis; "Political committee" status requiring reporting (group formed by coalition of business groups to run ads should have been found to be a political committee)), September 2001 [HTML]
- MURs 5110 (Christian Broadcasting Network) and 5162 (ABC News et al.), (re: Media exemption (not every program broadcast over airwaves automatically is exempt from statute)), August 2001 [HTML]
- MUR 5100, McCallion for Congress (re: Reporting (candidate for primary must file pre-primary report even if nomination secure)), August 2001 [HTML]
- MUR 4944, Clinton for U.S. Senate Committee (re: Contribution -- what is, what is not (bank loan for candidate's home purchase not a contribution)), August 2001 [HTML]
- MUR 5033, Alexander for President (re: Contribution in the name of another (mere fact that several contributions from company employees are made on same date does not warrant 'reason to believe'finding against recipient committee)), June 2001 [HTML]
- MUR 5120, Clinton for U.S. Senate Committee (re: Contribution -- what is, what is not (alleged use of White House guest list to solicit contributions not a contribution)), May 2001 [HTML]
- MUR 4922, Suburban O'Hare Commission (re: "Express advocacy" (mailing touting Congressman and urging people to vote should have been deemed express advocacy)), February 2001 [HTML]
- MUR 4960, Clinton for Senate Exploratory Committee (re: Contribution -- what is, what is not (alleged use of federal government resources to move to candidate's new home not a contribution)), December 2000 [HTML]
- MUR 4291, AFL CIO et al. (re: Coordination (case should have been pursued using current, tougher standard of coordination)), September 2000 [HTML]
- MURs 4553, 4407 et al, Dole for President, RNC, Clinton for President, DNC (re: Coordination (reasons cited by colleagues for not finding coordinated expenditures were erroneous)), June 2000 [HTML]
- MURs 4553, 4407 et al, Dole for President, RNC, Clinton for President, DNC (re: Coordination (party ads were coordinated expenditures on behalf of presidential candidates)), May 2000 [HTML]
- MUR 4689, Dornan for Congress, Salem Radio Networks et al. (re: Media exemption (should have investigated whether stations violated Act where candidate was given control of talk shows)), February 2000 [HTML]
- MUR 4250, RNC, National Policy Forum, et al., January 2000 (re: Foreign nationals (guarantee of loan that resulted in funds for party should have been treated as contribution)), [HTML]; (re: Reporting responsibility for related group (RNC should have been pursued for failure to report activity of group it formed and controlled)) [HTML]
- MUR 4378, NRSC, Montanans for Rehberg (re: Coordination (clear evidence of coordination)), August 1999 [HTML]; (re: Party coordinated expenditures (coordination and electioneering message present)), August 1999 [HTML]
- MUR 4451 and 4473, Commission on Presidential Debates et al. (re: Debate sponsorship (Presidential debate sponsorship followed existing regulations requiring objective criteria for selecting participants)), April 1998 [HTML]
- MUR 4215, Michigan Democratic State Central Committee (re: Allocation of hard and soft money (state parties did not have to use national parties allocation formulas)), March 1998 [HTML]
- MURs 4491 (Citizens for Fair Representation), 4519 (Family Taxpayers Foundation), and 4563 (Renew New York PAC) (re: Enforcement policy (three cases involving important legal issues should not have been dismissed as stale)), January 1998 [HTML]
- MUR 4204, Americans for Tax Reform (re: Coordination (case should have been pursued as to at least one radio ad on basis of evidence of coordination; express advocacy (radio ad just before election should have been pursued as prohibited corporate expenditure)), December 1996 [HTML]
- MUR 3669, Christan Coalition et al., (re: "Political committee" status requiring reporting (group that spent millions to influence federal elections should have been sued for failure to report)), July 1996 [PDF]
- MUR 3486, General Electric et al. (re: Payroll deduction rights of union (corporate employer must make payroll deduction available where request is properly made)), June 1993 [PDF]
- MURs 3176 and 3167, Christian Coalition et al., April 1992 [PDF]
- MUR 2845, TWA (re: Payroll deduction rights of union (corporate employer must make payroll deduction available with reasonable promptness upon proper request)), September 1989 [PDF]
Litigation
- Statement for the Record, FEC v. Christian Coalition, (re: Coordination (FEC should have appealed district court decision finding certain communications not coordinated)), December 1999 [HTML]
- Statement for the Record, Nixon v. Shrink Missouri Government PAC (re: Litigation policy (FEC should have filed amicus pleading in Supreme Court case challenging contribution limits)), May 1999 [HTML]
- Statement of Reasons re: Dismissal, FEC v. Forbes Inc. (re: Media exemption (FEC should not have withdrawn suit alleging candidate-owned publication was making prohibited expenditures)), February 1999 [HTML]
- Statement for the Record, Common Cause and Addy v. FEC (suit involving complaint against Montana Republican Party et al.) (re: Litigation policy (proper to not appeal district court decision holding failure to pursue certain complaint allegations contrary to law)), June 1996 [PDF]
- Statement for the Record, Chamber of Commerce v FEC (re: "Member" definition (FEC should have sought Supreme Court review of ruling that FECs member rules were invalid)), May 1996 [HTML]
- Additional Statement for the Record, FEC v. GOPAC (re: "Political committee" status requiring reporting (FEC failure to appeal was inappropriate where majority had voted to bring case)), April 1996 [PDF]
- Statement for the Record, FEC v. GOPAC (re: "Political committee" status requiring reporting (FEC should have appealed erroneous district court decision defining term "political committee")), March 1996 [HTML]
Advisory Opinions
- Dissenting Opinion in AO 2005-10, Berman and Doolittle, (re: Solicitations by federal candidates/officeholders (FEC should not have allowed re CA ballot measure election)), September 2005 [PDF]
- Concurring Opinion in AO 2004-43, Missouri Broadcasters Assn., (re: Contribution -- what is, what is not (broadcasters could give LUC because 'stand by your ad' disclaimer adequate)), February 2005 [PDF]
- Concurring Opinion in AO 2003-25, Weinzapfel for Mayor Committee (re: Promote, Support, Attack or Oppose (non-federal candidate's ad featuring federal candidate's endorsement)), November 2003 [PDF]
- Concurring Opinion in AO 2001-17, Democratic National Committee (re: Allocation of hard and soft money (rules for splitting and depositing big checks)), January 2002 [HTML]
- Dissenting Opinion in AO 2000-17, Extendicare (re: Foreign nationals (foreign nationals impermissibly allowed to participate in subsidiarys PAC activities)), August 2000 [HTML]
- Statement for the Record in AO 2000-16, Third Millenium (re: Nonpartisan activity exemption (Internet ads distributed for voter participation project permissible)), August 2000 [HTML]
- Concurring Opinion in AO 2000-07, Alcatel USA, Inc. (re: Solicitation restrictions (not improper solicitation where corporation makes clear its policy of not accepting contributions from those outside restricted class)), June 2000 [HTML]
- Dissenting Opinion in AO 1999-28, Bacardi-Martini USA, Inc. (re: Foreign nationals (wholly owned subsidiary should not be able to make contributions)), November 1999 [HTML]
- Dissenting Opinion in AO 1989-29, GEM of Hawaii, Inc. (re: Foreign nationals (wholly owned subsidiary should not be able to make contributions)), March 1990 [PDF]
- Statement for the Record in AOR 1994-04, Chamber of Commerce (re: "Member" definition (certain persons did not qualify as members)), October 1994 [PDF]
Audits/Public Financing
- Legislative Recommendations Regarding the Presidential Public Funding Program, February 9, 2005 [PDF] [WORD]
- Statement for the Record, Requests to Deny Certification of Public Funds to Patrick J. Buchanan (re: Public funding (Buchanan had made adequate showing for entitlement to minor party public funding)), October 2000 [PDF]
- Statement for the Record, Audits of Clinton/Gore and Dole/Kemp Campaigns (re: Party coordinated expenditures (colleagues undermined law by denouncing longstanding standard)), July 1999 [HTML]
- Statement for the Record, Audits of Clinton/Gore and Dole/Kemp Campaigns (re: Public funding (colleagues wrong interpreting statute to preclude repayment for excessive spending in primary)), December 1998 [HTML]