Week of May 14 – 18
COMMISSION MEETINGS AND HEARINGS
No Commission Executive Sessions or Open Meetings were scheduled this week.
Advisory Opinions Issued
AO 2012-07 (Feinstein for Senate). Feinstein for Senate (the Committee) asked whether contributors whose funds were embezzled by Committee treasurer Kinde Durkee may make replacement contributions. On May 15, the Commission concluded that if a contributor’s previous contribution was either deposited into one of the Committee’s accounts, cashed, or otherwise used by the Committee, that contribution counts against the contributor’s per-election limit to the Committee and must be added to any new contributions in determining whether the contribution limits have been met. On the other hand, the Commission also concluded that, if an attempted contribution was never deposited or cashed, the attempted contribution does not count against the person’s per-election limit to the Committee, and the Committee may accept funds from that contributor in place of his or her original attempted contribution. The Commission could not approve a response by the required four affirmative votes as to the appropriate treatment of a contribution from a person whose prior intended contribution was deposited into an account other than one of the Committee’s accounts and not used by the Committee.
AOR 2012-17 (Red Blue T LLC, ArmourMedia, Inc., and m-Qube, Inc.). On May 15, the Commission received a comment on Advisory Opinion Request 2012-17 (Red Blue T LLC, ArmourMedia, Inc., and m-Qube, Inc.). The requestors ask whether their proposal to use mobile phone text messaging to raise funds for political committees is permissible under the Federal Election Campaign Act of 1971, as amended, (the Act) and Commission regulations.
AOR 2012-19 (American Future Fund). On May 11, the Commission received a comment on Advisory Opinion Request 2012-19 (American Future Fund). American Future Fund is a 501(c)(4) organization that intends to produce and distribute certain broadcast advertisements. It asks whether any of its proposed advertisements constitute electioneering communications.
AOR 2012-21 (Primerica, Inc.). On May 17, the Commission made public Advisory Opinion Request 2012-21. Primerica, Inc. is a corporation, recently spun-off from its parent corporation, Citigroup. It asks whether it is disaffiliated from Citigroup in accordance with Commission regulations such that when it forms a separate segregated fund (SSF), that committee would not be affiliated with any SSF connected to Citigroup. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than May 28, 2012) and must issue a response no later than 60 days after receipt of the complete request, specifically by July 13, 2012.
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 one campaign finance enforcement matter that was resolved through its Administrative Fines (AF) program.
AF 2488 – Cicilline Committee and Nancy L. Benoit, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $4,530.
For more information, see the case documents in the Enforcement Query System.
Van Hollen v. FEC (No. 12-5117). On May 14, the United States Court of Appeals for the District of Columbia Circuit issued an order denying the emergency motions for stay pending appeal by Appellants Center for Individual Freedom and Hispanic Leadership Fund.
UPCOMING COMMISSION MEETINGS
May 22: The Commission is scheduled to hold an Executive Session.
May 24: The Commission is scheduled to hold an Open Session.
UPCOMING EDUCATIONAL PROGRAMS
May 23, Washington, DC. Seminar/Webinar for Trade Associations, Labor Organizations, Membership Organizations and their PACs. Registration information and the schedule are on the Educational Outreach page of the Commission website.
UPCOMING REPORTING DUE DATES
May 20: May Monthly Reports are due. For more information on monthly reporting dates, refer to the 2012 Monthly Reporting page of the Commission website.
The 2012 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.
Printed copies of the 2012 edition of 11 CFR are now available. To order, call (800)424-9530 (press 6) or send an email to email@example.com.
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