Week of August 29 – September 2
On August 30, the Commission held an Executive Session. Click here for Sunshine Act Notices for Executive Sessions.
On September 1, the Commission held an Open Meeting. Click here for agendas and related documents for open meetings.
Advisory Opinions Issued
AO 2011-15 (Hassan). On September 1, the Commission approved an advisory opinion concluding that the Federal Election Campaign Act of 1971, as amended, (the Act) does not prohibit Abdul K. Hassan, a naturalized United States citizen, from becoming a candidate for president in 2012, but that Hassan would not be eligible to receive presidential matching funds. The Commission further concluded that Hassan may solicit and receive contributions and would be required to comply with the Act’s provisions regarding expenditures, contributions, recordkeeping and reporting.
AO 2011-17 (Giffords). On September 1, the Commission approved an advisory opinion concluding that Giffords for Congress may use campaign funds to pay the costs of installing security improvements at Rep. Giffords's home because Rep. Giffords was shot and severely wounded while engaged in her duties as a federal officeholder, and the expenses for the proposed upgrades to the security system at Rep. Giffords's family home would not exist irrespective of her duties as a federal officeholder or as a candidate for re-election. Therefore, the Commission concluded, the use of campaign funds to pay for the security system upgrades would not constitute personal use under the Act and Commission regulations. Rep. Gabrielle Giffords is a Member of the U.S. House of Representatives for Arizona's 8th Congressional District.
Advisory Opinions and Requests are available through the Advisory Opinions search page in the Law and Regulations section of the Commission website.
The Commission made public five closed cases.
MURs 6374 and 6408
For information regarding each of the above matters, see the case documents in the Enforcement Query System.
The Commission made public five campaign finance enforcement matters that were resolved through its Administrative Fines (AF) program.
AF 2179 – RobLauer4Congress.com and Rob Lauer, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $40.
AF 2403 – Chet D. Traylor for US Senate Campaign and Larry Pickett, in his official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
AF 2433 – Johnson for Congress and Harry Johnson, in his official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
AF 2434 – Joyce Johnson for Congress 2010 and Myrna Phillips Oakley, in her official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
AF 2465 – Thomas C. Castellano and Mark A. Garcia, in his official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
For more information, see the case documents in the Enforcement Query System.
Proposed Final Audit Report on the United Association Political Education Committee. On September 1, the Commission approved the Proposed Final Audit Report on the United Association Political Education Committee (UAPEC), covering campaign finance activity between January 1, 2007 and December 31, 2008. The Commission found that UAPEC (1) made excessive contributions to candidates and other political committees, (2) failed to file notices in a timely way and properly disclose independent expenditures totaling $510,314 and (3) failed to properly disclose transfers from affiliated committees totaling $313,467.
FEC v. Kazran (No. 3:10-cv-1155-RBD-JRK). On August 30, defendant Sam Kazran filed a Motion for Reconsideration regarding the Court's denial of his motion to join Congressman Vern Buchanan as a defendant. On August 29, Magistrate Judge Klindt issued a Report and Recommendation recommending the Commission's motion for default judgment against Hyundai of North Jacksonville be granted, that the Commission be awarded a $67,900 civil penalty, and that the car dealership be enjoined from making contributions that would violate sections 441a and 441f.
Van Hollen v. FEC (No. 1:11-cv-00766 (ABJ )). On August 30, the plaintiff filed a Reply to Commission's Opposition to Plaintiff's Motion for Summary Judgment and Opposition to Commission’s Cross-Motion for Summary Judgment in the United States District Court for the District of Columbia.
RULEMAKING AND AGENCY PROCEDURES
Interpretive Rule on When Certain Independent Expenditures Are “Publicly Disseminated” For Reporting Purposes. On September 1, the Commission discussed and requested comment on a draft interpretive rule that would provide guidance on when independent expenditure communications that take the form of yard signs, mini-billboards, handbills, t-shirts, hats, buttons and similar items are “publicly disseminated” for reporting purposes. Comments are due by September 19 and the Commission will consider the interpretive rule at its open meeting on September 22.
FEC Considers Advisory Opinions, Interpretive Rule and Audit Report (issued September 1)
CAMPAIGN FINANCE REPORTS
September 1: Nevada’s 2nd Congressional District Special Pre-General Election Reports were due. For information on reporting dates for this special election, refer to the Special Election Report Notice section of the Commission website.
September 1: New York’s 9th Congressional District Special Pre-General Election Reports were due. For information on reporting dates for this special election, refer to the Special Election Report Notice section of the Commission website.
September 7-8, Minneapolis, MN – Regional Conference for House and Senate Campaigns, Party Committees and Corporate/Labor/Trade PACs. Registration information and the schedule are on the 2011 Conference Schedule page of the Commission website.
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