Week of July 12 – 16
Advisory Opinion Issued
AOR 2010-09 (Club for Growth). On July 13, the Commission received a late comment on Advisory Opinion Request 2010-09, in which Club for Growth, a 501(c)(4) organization that is a qualified non-profit corporation under Commission regulations, asks whether a planned political committee which would be established and administered by Club for Growth, and which would only make independent expenditures, may solicit unlimited donations from the public at-large. The Commission received an extension of time and must issue a response no later than July 22.
AOR 2010-11 (Commonsense Ten). On July 13, the Commission received a late comment on Advisory Opinion Request 2010-11. Commonsense Ten asks whether it may solicit and accept contributions from corporations and labor organizations. Commonsense Ten is a Federal nonconnected political committee that intends to make only independent expenditures.
Advisory Opinions and Requests are available here.
The Commission made public three closed cases this week. For more information, see the case documents in the Enforcement Query System.
MUR 6218 – Ball4NY and Maria DiSalvo, in her official capacity as treasurer; and Greg Ball. The Commission dismissed three allegations in connection with Ball4NY, its treasurer, and Greg Ball, and it sent a letter of caution to the respondents. The Commission found no reason to believe violations occurred in connection with two other allegations in connection with Ball4NY and its treasurer and Greg Ball.
ALTERNATIVE DISPUTE RESOLUTION
The Commission made public one campaign finance enforcement matter that was resolved through its Alternative Dispute Resolution (ADR) program. For more information, see the case documents in the Enforcement Query System.
ADR 538 – Nantahala Outdoor Center and Sutton Bacon. The respondents agreed to disseminate the corporation’s amended Business Code of Conduct, implement compliance measures, and conduct an internal audit. The Commission made a final determination and assessed no civil penalty.
The Commission approved issuance of one Audit Report. A summary of the findings is below.
Biden for President, Inc. On July 15, the Commission approved five recommended findings in an audit report for Biden for President, Inc., covering campaign finance activity between December 15, 2006 and April 30, 2008. Federal law requires the Commission to audit every political committee established by a presidential candidate who receives public funds for the primary campaign. The Commission found that the candidate did not receive matching fund payments in excess of his entitlements. Other findings concerned the receipt of one corporate in-kind contribution, stale dated checks, and disclosure of disbursements, debts, and obligations. The Commission also agreed to modify a recommended finding regarding excessive contributions to clarify that a portion of the finding concerns recordkeeping requirements.
General information about final audit reports is here.
FEC v. Novacek. On July 12, the Commission filed a Motion for Summary Affirmance in the United States Court of Appeals. This would affirm the Final Judgment and Opinion and Order of the United States District Court for the Northern District of Texas, declaring that the defendants knowingly and willfully violated the Federal Election Campaign Act of 1971, as amended (the Act), for fraudulent misrepresentation, permanently enjoining the defendants from future violations of the Act and ordering them to pay a civil penalty of $47,414.15. The Court also granted the Commission's motion for summary judgment regarding defendant Jody L. Novacek's violations of the Act's disclaimer requirements.
Beam v. FEC (formerly Beam v. Gonzales). On July 15, the plaintiffs filed a response in Opposition to the Commission's Motion in Limine in the United States District Court for the Northern District of Illinois. The Commission asserts that the plaintiffs have failed to uncover evidence of a violation of the Right to Financial Privacy Act, the sole claim remaining in the case.
On July 14-15, Commissioner Steven T. Walther attended the Centre for Parliamentary Studies’ International Electoral Affairs Symposium in Brussels, Belgium. The event focused on the role of technology in raising electoral standards.
July 15: Oklahoma Pre-Primary Reports were due. For information on reporting dates for this election, click here.
July 20: July Monthly Reports are due. For information on reporting dates, click here.
July 22: Kansas Pre-Primary Reports are due. For information on reporting dates for this election, click here.
July 22: Michigan Pre-Primary Reports are due. For information on reporting dates for this election, click here.
July 22: Missouri Pre-Primary Reports are due. For information on reporting dates for this election, click here.