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Weekly Digest

 

For Immediate Release

Contact

Judith Ingram

July 23, 2010

Julia Queen
  Christian Hilland
  Mary Brandenberger
   
 

ISSUE 2010-29

                       

Weekly Digest

Week of July 19 – 23

COMMISSION MEETINGS

The Commission did not hold an Executive Session this week. Sunshine Act Notices for Executive Sessions are here.

On July 22, the Commission held an Open Meeting. Agendas and related documents for Open Meetings are here. Audio recordings for selected meetings, hearings and presentations are here.

ADVISORY OPINIONS

Advisory Opinions Issued

AO 2010-09 (Club for Growth). On July 22, the Commission approved Advisory Opinion 2010-09. The Commission concluded that Club for Growth — a 501(c)(4) corporation — could establish and administer a political committee that will make only independent expenditures, that will register and report with the Commission, and that will solicit unlimited contributions solely from individuals in the general public, including contributions given for specific independent expenditures.

AO 2010-11 (Commonsense Ten). On July 22, the Commission approved Advisory Opinion 2010-11. The Commission concluded that Commonsense Ten, a registered nonconnected political committee that intends to make only independent expenditures, and that will report the contributions it accepts and the independent expenditures it makes, may solicit and accept unlimited contributions from individuals, political committees, corporations and labor organizations for the purpose of making independent expenditures.

Commissioner Steven T. Walther dissented in both AOs and issued a statement.

Comments Received

On July 21, the Commission received comments on Draft AOs 2010-09 (Club for Growth) and 2010-10 (Commonsense Ten).

Drafts

AO 2010-13 (Libertarian Party of Florida). On July 22, the Commission made public a draft of Advisory Opinion 2010-13. The Libertarian Party of Florida asks whether it qualifies as a State committee of a political party under the Federal Election Campaign Act of 1971, as amended, and Commission regulations. Comments on the draft are due by noon on July 28.

Advisory Opinions and Requests are available here.

ENFORCEMENT

The Commission made public two closed cases this week. For more information, see the case documents in the Enforcement Query System.

MUR 6254 – Dr. Lowry Election Committee and Robert Lowes, in his official capacity as treasurer. The Commission dismissed the case.

MUR 6260 – Andrew “Rocky” Radzkowski; and Rocky for Congress and Scott B. Mackenzie, in his official capacity as treasurer. The Commission dismissed the case.

ALTERNATIVE DISPUTE RESOLUTION

The Commission made public two campaign finance enforcement matters that were resolved through its Alternative Dispute Resolution (ADR) program. For more information, see the case documents in the Enforcement Query System.

ADR 518 – Harris County Democratic Party and Gerald Birnberg, in his official capacity as treasurer. The respondents agreed to implement a training program, implement compliance measures, and pay a civil penalty of $2,000.

ADR 535 – Republican National Committee and Randall Pullen, in his official capacity as treasurer. The respondents agreed to implement compliance measures and pay a civil penalty of $20,000.

ADMINISTRATIVE FINES

The Commission made public one campaign finance enforcement matter that was resolved through its Administrative Fines (AF) program. For more information, see the case documents in the Enforcement Query System.

AF 2114 – Friends of Darlena Williams Burnett and Rachel Ivy, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $3,300.

AUDIT REPORTS

The Commission made public two Audit Reports. A summary of the findings is below.

Keystone Alliance PAC. The Commission found the PAC received excessive contributions. The committee refunded the excessive contributions to correct the issues raised in the audit process.

Team America PAC. The Audit examined reports and statements filed by the PAC and discovered no material non-compliance.

General information about final audit reports is here.

The Audits for the 1998, 1996, and 1994 Election Cycles have been added to the FEC website and can be found here. Audits are broken down into three categories: Authorized Committees, Unauthorized Committees, and Title 26 Audit Reports.

LITIGATION

Beam v. FEC (formerly Beam v. Gonzales). On July 22, the Commission filed a reply brief in support of its 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.

GUIDANCE ON REPORTING FOR POLITICAL COMMITTEES MAKING ONLY INDEPENDENT EXPENDITURES

On July 22, the Commission issued reporting guidance to committees making only independent expenditures.  A proposed template for a letter explaining the committee’s intention to raise unlimited funds can be found here.

PRESS RELEASES

FEC Approves Two Advisory Opinions on Independent Expenditure-Only Political Committees (issued July 22)

CAMPAIGN FINANCE REPORTS

July 20: July Monthly Reports were due. For information on reporting dates, click here.

July 22:  Kansas Pre-Primary Reports were due.  For information on reporting dates for this election, click here.

July 22:  Michigan Pre-Primary Reports were due.  For information on reporting dates for this election, click here.

July 22: Missouri Pre-Primary Reports were due.  For information on reporting dates for this election, click here.

July 23 – The Commission posted the filing deadlines for the Special Election in West Virginia’s Senate race. For information on reporting dates for this special election, click here.

UPCOMING COMMISSION MEETINGS

July 27: The Commission is scheduled to hold an Executive Session.

July 29: The Commission is scheduled to hold an Open Session. When the Commission releases an agenda, it will be available here.

UPCOMING REPORTING DUE DATES

July 29:  Colorado Pre-Primary Reports are due.  For information on reporting dates for this election, click here.

July 29:  Connecticut Pre-Primary Reports are due.  For information on reporting dates for this election, click here.

July 29: Georgia Pre-Runoff Reports are due.  For information on reporting dates for this election, click here.

OTHER RESOURCES

The July issue of The Record is here. Sign up here to receive email notification when a new issue of the Record is posted.

The monthly supplements to the FEC’s Campaign Guides are here.