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Federal Election Commission | United States of America

MUR #5541

THE NOVEMBER FUND

Summary

RESPONDENTS: November Fund; Bush-Cheney '04, Inc.; Chamber of Commerce of the United States (a/k/a U.S. Chamber Of Commerce); Donohue, Tom; Mehlman, Ken; Sittmann, Bill

COMPLAINANT: Citizens for Responsibility and Ethics in Washington

SUBJECT: Contributions-Prohibited; Express Advocacy; Solicitation

DISPOSITION: The Commission failed to decide by a vote of 3-3 to:a) Accept the conciliation agreement with The November Fund and Bill Sittman, in his official capacity as treasurer. b) Take no further action with respect to the United States Chamber of Commerce and Tom Donohue. c) Close the file. d) Approve the appropriate letters.
The Commission failed by a vote of 3-3 to take no further action in MUR 5541.
The Commission decided by a vote of 5-0 to Close the file in MUR 5541.
The Commission decided by a vote of 4-2 to take the following actions in MUR 5541: 1. Find reason to believe The November Fund and its treasurer, Bill Sittmann, violated 2 U.S.C. §§ 433, 434, 441a(f), and 441b(a), by failing to register and report as a political committee with the Commission; by knowingly accepting contributions in excess of $5,000; and by knowingly accepting corporate contributions. 2. Find reason to believe the U.S. Chamber of Commerce and Tom Donohue violated 2 U.S.C. § 441b(a) by making corporate contributions to a political committee to influence an election. 3. Find no reason to believe The November Fund and its treasurer, Bill Sittmann, violated 2 U.S.C. § 434(f) by making and failing to report electioneering communications. 4.Find no reason to believe The November Fund violated 2 U.S.C. §§ 441a and 434 by making and failing to report excessive contributions in the form of coordinated expenditures, to Bush-Cheney ?04, Inc. 5.Find no reason to believe that Bush-Cheney ?04, Inc. or Ken Mehlman violated 2 U.S.C. §§ 441a(f) and 434 by accepting and failing to report excessive and prohibited in-kind contributions from The November Fund. 6. Approve the factual and legal analyses, as recommended in the General Counsel?s Report dated February 16, 2005. 7. Authorize the use of compulsory process against all respondents and witnesses in this matter, including the issuance of appropriate interrogatories, document subpoenas, and deposition subpoenas, as necessary. 8. Approve the appropriate letters.

Disposition

Disposition Penalty Respondent Citation
No Reason to Believe Bush-Cheney '04, Inc. 2 U.S.C. §434
2 U.S.C. §441a(f)
Mehlman, Ken 2 U.S.C. §434
2 U.S.C. §441a(f)
Reason to Believe Finding/No Further Action Chamber of Commerce of the United States (a/k/a U.S. Chamber Of Commerce) 2 U.S.C. §441b(a)
Donohue, Tom 2 U.S.C. §441b(a)
November Fund 2 U.S.C. §433
2 U.S.C. §434
2 U.S.C. §441a(f)
2 U.S.C. §441b(a)
Sittmann, Bill 2 U.S.C. §433
2 U.S.C. §434
2 U.S.C. §441a(f)
2 U.S.C. §441b(a)

Documents

Type Date Document
Complaint, Responses, Designation of Counsel and Extensions of Time 11/18/2004 Response from Thomas J. Donohue and Chamber of Commerce of the United States 2 MB
11/09/2004 Response from The November Fund and Bill Sittmann, Treasurer 811 KB
10/25/2004 Response from Bush-Cheney '04, Inc. and David Herndon, Treasurer; Ken Mehlman 87 KB
10/14/2004 Grant of Extension of Time to U.S. Chamber of Commerce 30 KB
10/14/2004 Grant of Extension of Time to The November Fund 29 KB
10/12/2004 Designation of Counsel and Request for Extension of Time from U.S. Chamber of Commerce 90 KB
10/12/2004 Designation of Counsel and Request for Extension of Time from The November Fund and Bill Sittmann, Treasurer 65 KB
09/21/2004 Complaint 1 MB
General Counsel Reports, Briefs, Notifications and Responses 12/19/2008 Notification to Bush-Cheney '04 39 KB
11/26/2008 Notification to U.S. Chamber of Commerce and Tom Donohue, President & CEO 50 KB
11/26/2008 Notification to The November Fund and Bill Sittman, in his official capacity as treasurer 50 KB
11/26/2008 Notification to Citizens for Responsibility and Ethics in Washington 1 MB
04/25/2008 General Counsel's Report #3 96 KB
03/14/2005 Notification to Bush-Cheney '04 and Ken Mehlman 39 KB
03/14/2005 Notification with Factual and Legal Analysis to U.S. Chamber of Commerce and Thomas Donohue, President & CEO 416 KB
03/14/2005 Notification with Factual and Legal Analysis to The November Fund and Bill Sittmann, in his official capacity as Treasurer 764 KB
02/16/2005 First General Counsel's Report 1 MB
Certifications 10/21/2008 The November Fund and Bill Sittman, in his official capacity as treasurer; U.S. Chamber of Commerce; Tom Donohue 51 KB
03/08/2005 The November Fund and Bill Sittmann, Treasurer; US. Chamber of Commerce; Tom Donohue; Bush-Cheney '04; Ken Mehlman 65 KB
Statement of Reasons 01/22/2009 Vice Chairman Matthew S. Petersen and Commissioners Caroline C. Hunter and Donald F. McGahn 1 MB
12/19/2008 Commissioners Cynthia L. Bauerly and Ellen L. Weintraub 442 KB

Participants

Relationship Name
Primary respondent November Fund
Previous respondent Bush-Cheney '04, Inc.
Chamber of Commerce of the United States (a/k/a U.S. Chamber Of Commerce)
Donohue, Tom
Mehlman, Ken
Sittmann, Bill
Complainant Citizens for Responsibility and Ethics in Washington
Respondent's counsel Baran, Jan Witold, Esq.
Burchfield, Bobby R., Esq.
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