MUR #5755

RESPONDENTS: NDN PAC; Rosenberg, Simon

COMPLAINANT:

SUBJECT: Contributions-Prohibited; Contributions-Excessive; Reporting

DISPOSITION: The Commission decided by a vote of 4-0 to take the following actions in MURs 5755 and 5440: 1. In MUR 5755, take no further action with respect to NDN Political Fund, formerly known as New Democrat Network and New Democrat Network - Non-Federal Account; New Democrat Network - PAC; New Democrat Network, the inactive Federal Account registered as Committee ID C00319772; and Simon Rosenberg, in his official capacity as treasurer of both committees and close the file. 2. In MUR 5440, find no reason to believe that New Democrat Network and Simon Rosenberg, in his official capacity as treasurer, violated 2 U.S.C. §§ 434(b) and 441a(a)(l) by making and failing to report excessive contributions in the form of coordinated communications to John Kerry for President, Inc. and Robert Farmer, in his official capacity as treasurer. 3. In MUR 5440, find no reason to believe that New Democrat Network and Simon Rosenberg, in his official capacity as treasurer, violated 2 U.S.C. §§ 434(b) and 441a(a)(l) by making and failing to report excessive contributions in the form of coordinated communications to DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer. 4. In MUR 5440, find no reason to believe that the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, violated 2 U.S.C. §§ 434(b) and 441a(f) by knowingly accepting and failing to report excessive contributions in the form of coordinated communications from New Democrat Network and Simon Rosenberg, in his official capacity as treasurer. 5. In MUR 5440, close to file as to New Democrat Network and Simon Rosenberg, in his official capacity as treasurer. 6. In MUR 5440, approve the Factual and Legal Analysis for the DNC Services Corporation/Democratic National Committee and Andrew Tobias, in his official capacity as treasurer, as recommended in the General Counsel's Report dated October 15, 2007. 7. In MURs 5755 and 5440, instruct the Office of General Counsel to draft a revised Factual and Legal Analysis as to the New Democrat Network and circulate for Commission approval on a tally vote basis. 8. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MURs 5403, 5440, 5427 and 5466: In MUR 5403: 1. Sever the Leadership Forum and open a new MUR. 2. Sever The Media Fund and move this respondent to MUR 5440.In MUR 5440: 3. Sever ACT and Charles Pope, as Treasurer, and move these respondents to MUR 5403. 4. Sever Environment 2004 (527) and Environment 2004 PAC and Aimee Christensen, as Treasurer, and open a new MUR. 5. Sever League of Conservation Voters 527; League of Conservation Voters Action Fund and Barbara Gonzalez-McIntosh, as Treasurer, and open a new MUR. 6. Sever MoveOn PAC and Wesley Boyd, as Treasurer, and MoveOn.org Voter Fund; and open a new MUR. 7. Sever New Democrat Network - PAC (C00385401) and Simon Rosenberg, as Treasurer; New Democrat Network-Non Federal Account (NDN Political Fund); and New Democrat Network (inactive federal account (C00319772); and open a new MUR. In MUR 5427: 8. Close the file.
The Commission decided by a vote of 4-1to take the following actions in MUR 5626: 1. Find reason to believe that New Democrat Network - Non- Federal Account, now known as NDN Political Fund, violated 2 U.S.C. §§ 433, 434, 441a(f), and 441b(a) by failing to report its contributions and expenditures to the Commission and to comply with the Act's contribution limits and source prohibitions. 2. Take no action at this time as to New Democrat Network - PAC, the separate segregated fund registered as Committee ID C00385401, and Simon Rosenberg, in his official capacity as Treasurer. 3.Take no action at this time as to New Democrat Network, the inactive Federal Account registered as Committee ID C00319772. 4.Merge MUR 5626 into MUR 5440. 5. Approve the Factual and Legal Analysis, as recommended in the First General Counsel's Report dated May 25, 2005. 6. Approve the appropriate letter.
The Commission decided by a vote of 5-1 in MUR 5440 to find reason to believe that MoveOn PAC and Wesley Boyd, as Treasurer, MoveOn Voter Fund, Joint Victory Campaign 2004 and Janice Ann Enright, as Treasurer, Environment 2004 PAC and Miranda Anderson, as Treasurer, Environment 2004 527, League of Conservation Voters Action Fund and Gwendolyn M. Sommer, as Treasurer; League of Conservation Voters 527; and the New Democrat Network and Simon Rosenberg, as Treasurer, violated 2 U.S.C. §§ 434, 441a(f), 441b(a) and 11 CFR §§ 102.5, 104.10, 106.1 and 106.6 by failing to attribute and report expenses between multiple federal candidates, by failing to allocate and report shared administrative and fundraising activities and by using prohibited funds to pay for the federal share of those expenses, which may have resulted in prohibited and excessive contributions.
The Commission decided by a vote of 5-1 to: (a) Approve the appropriate factual and legal analyses for MoveOn PAC and Wesley Boyd, as Treasurer, MoveOn Voter Fund, Joint Victory Campaign 2004 and Janice Ann Enright, as Treasurer, Environment 2004 PAC and Miranda Anderson, as Treasurer, Environment 2004 527, League of Conservation Voters Action Fund and Gwendolyn M. Sommer, as Treasurer; League of Conservation Voters 527; and the New Democrat Network and Simon Rosenberg, as Treasurer. (b) .......... REDACTED .............(c) Approve the appropriate letters.
The Commission failed by a vote of 3-2, in MUR 5440, to pass a motion to: (a) Find reason to believe that MoveOn PAC and Wesley Boyd, as Treasurer, MoveOn Voter Fund, Joint Victory Campaign 2004 and Janice Ann Enright, as Treasurer, Environment 2004 PAC and Miranda Anderson, as Treasurer, Environment 2004 527, and the New Democrat Network and Simon Rosenberg, as Treasurer, violated 2 U.S.C. §§ 434, 441a(f), 441b(a) and 11 CFR §§ 102.5, 104.10, 106.1 and 106.6 by failing to attribute and report expenses between multiple federal candidates, by failing to allocate and report shared administrative and fundraising activities and by using prohibited funds to pay for the federal share of those expenses, which may have resulted in prohibited and excessive contributions. (b) Approve the appropriate factual and legal analyses for MoveOn PAC and Wesley Boyd, as Treasurer, MoveOn Voter Fund, Joint Victory Campaign 2004 and Janice Ann Enright, as Treasurer, Environment 2004 PAC and Miranda Anderson, as Treasurer, Environment 2004 527, and the New Democrat Network and Simon Rosenberg, as Treasurer, to be circulated for Commission approval on a tally vote basis.