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For Immediate Release

Contact: 

Judith Ingram

May 24, 2012

Julia Queen
  Christian Hilland

FEC ISSUES ADVISORY OPINION,
APPROVES AUDIT DIVISION RECOMMENDATION MEMORANDUM
AND RULEMAKING PRIORITIES FOR 2012

WASHINGTON –The Federal Election Commission today issued an advisory opinion and discussed and held over two others. The Commission also approved an Audit Division Recommendation Memorandum and a list of rulemaking priorities.

Advisory Opinion 2012-15 (American Physical Therapy Association). The Commission concluded that the American Physical Therapy Association (APTA) may implement its plan to use payroll deduction for members who are employed by corporations owned wholly or partly by APTA members, so that the members may make contributions to the APTA Physical Therapy Political Action Committee, APTA' s separate segregated fund. The Commission concluded that the corporations may administer the payroll deduction system provided that APTA makes advance payment for the payroll deduction services the corporations would provide.

Advisory Opinion Request 2012-17 (Red Blue T LLC, ArmourMedia, Inc., and m-Qube, Inc.). The Commission discussed two drafts and then held over an advisory opinion request from 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 Act and Commission regulations. During the discussion, the Commission heard from counsel on behalf of Red Blue T LLC, ArmourMedia, Inc., and m-Qube, Inc.

Advisory Opinion Request 2012-20 (Mullin). The Commission discussed and then held over an advisory opinion request from Markwayne Mullin, a candidate for Congress from Oklahoma, and also the President and CEO of Mullin Plumbing, Inc. and Mullin Plumbing West Division, Inc. (the companies). Mullin has appeared in television and radio commercials and a weekly radio program for the companies for years. Mullin asks whether his appearance in the commercials and the radio program are electioneering communications and, if so, whether, when he files reports for the companies, he would be required to disclose the names and addresses of customers who paid $1,000 or more for services.During the discussion, the Commission heard from counsel on behalf of Mullin.

Audit Division Recommendation Memorandum on the National Right to Life Political Action Committee (A09-19). The Commission approved the Audit Division Recommendation Memorandum on The National Right to Life Political Action Committee, covering campaign finance activity between January 1, 2007 and December 31, 2008. The Audit Division Recommendation Memorandum recommends that the Commission approve the finding presented in the Draft Final Audit Report related to misstatement of financial activity and that the Commission not include a finding concerning disclosure of contributor occupation and name of employer. The Audit Division will prepare the Proposed Final Audit Report, which will incorporate changes based on discussion at today’s open meeting, within 30 days.

Rulemaking Priorities for 2012. The Commission approved and made public rulemaking priorities for 2012, as well as a list of additional rulemaking projects.

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

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