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Federal Election Commission | United States of America

MUR #6021

DNC & KERRY FOR PRESIDENT 2004 INC.

Summary

RESPONDENTS: DNC Services Corporation/Democratic National Committee; America Coming Together (ACT); Kerry, John; Kerry-Edwards 2004 Inc.; Americans for Jobs; John Kerry For President, Inc.; National Progress Fund; The Ballot Project, Inc.; Thorne, David; Tobias , Andrew; Uniting People for Victory

COMPLAINANT:

SUBJECT: Committees-Party; Other

DISPOSITION: The Commission decided by a vote of 6 - 0 to take the following actions in MUR 6021:1. Find no reason to believe that the Democratic National Committee, and Andrew Tobias, in his official capacity as treasurer, violated 2 U.S.C. §§ 441a(f), 441b and 434(b).2. Find no reason to believe that Kerry for President 2004, Inc. and David Thorne, in his official capacity as treasurer, violated 2 U.S.C. §§ 441b, 441a(f) and 434(b).3. Find no reason to believe that Kerry-Edwards 2004, Inc. and David Thorne, in his official capacity as treasurer, violated 2 U.S.C. §§ 441b, 441a(f) and 434(b).4. Find no reason to believe that John Kerry violated the Federal Election Campaign Act of 1971, as amended, or the Commission's regulations.5. Find no reason to believe that America Coming Together violated 2 U.S.C. §§ 434(b) and 441a(a)(1)(A) with respect to the allegation that it made an undisclosed excessive in-kind contribution.6. Find no reason to believe America Coming Together violated 2 U.S.C. § 433.7. Dismiss the complaint as to The Ballot Project.8. Dismiss the complaint as to National Progress Fund, Uniting People for Victory, and Americans for Jobs.9. Dismiss the complaint as to America Coming Together with respect to the allegation that it violated 2 U.S.C. § 434 by failing to report ballot expenditures.10. Approve the Factual and Legal Analyses, as recommended in the First General Counsel's Report dated November 30, 2009, subject to revisions pursuant to the meeting discussion, including any necessary technical and conforming amendments, and circulate the revised Factual and Legal Analyses to the Commission on an informational basis.11. Approve the appropriate letters.12. Close the MUR 6021 file as to all Respondents and other persons and entities named in the complaint, as supplemented.

Disposition

Disposition Penalty Respondent Citation
Dismissed-Other Uniting People for Victory
National Progress Fund
Americans for Jobs
The Ballot Project, Inc.
No Reason to Believe America Coming Together (ACT) 2 U.S.C. §433
2 U.S.C. §434(b)
2 U.S.C. §441a(a)(1)(A)
Kerry, John
Thorne, David 2 U.S.C. §434(b)
2 U.S.C. §441a(f)
2 U.S.C. §441b
Kerry-Edwards 2004 Inc. 2 U.S.C. §434(b)
2 U.S.C. §441a(f)
2 U.S.C. §441b
DNC Services Corporation/Democratic National Committee 2 U.S.C. §434(b)
2 U.S.C. §441a(f)
2 U.S.C. §441b
Tobias , Andrew 2 U.S.C. §434(b)
2 U.S.C. §441a(f)
2 U.S.C. §441b
John Kerry For President, Inc. 2 U.S.C. §434(b)
2 U.S.C. §441a(f)
2 U.S.C. §441b

Documents

Type Date Document
Complaint, Responses, Designation of Counsel and Extensions of Time 02/12/2010 Response from America Coming Together 52 KB
02/17/2009 Response from The Ballot Project 1 MB
01/26/2009 Response from America Coming Together 5 MB
01/26/2009 Response from America Coming Together 592 KB
01/07/2009 Addendum to Complaint 2 MB
11/25/2008 Grant of Extension of Time to The Ballot Project, Inc. 28 KB
11/07/2008 Designation of Counsel and Request for Extension of Time from Ballot Project 267 KB
11/07/2008 Designation of Counsel and Request for Extension of Time from America Coming Together 117 KB
09/24/2008 Addendum to Complaint -- Exhibits A-E 5 MB
09/24/2008 Addendum to Complaint 1 MB
07/28/2008 Response from Democratic National Committee 747 KB
07/21/2008 Response from Senator John Kerry, Kerry-Edwards 2004, Inc. and David Thorne, Treasurer 486 KB
06/25/2008 Grant of Extension of Time to Senator John Kerry, Kerry-Edwards 2004, Inc. and David Thorne, Treasurer and John Kerry for President, Inc and David Thorne, Treasurer 28 KB
06/25/2008 Grant of Extension of Time to Democratic National Committee and Andrew Tobias, Treasurer 29 KB
06/24/2008 Request for Extension of Time from Senator John Kerry, Kerry-Edwards 2004, Inc. and David Thorne, Treasurer and John Kerry for President, Inc and David Thorne, Treasurer 40 KB
06/23/2008 Designation of Counsel and Request for Extension of Time from Democratic National Committee 93 KB
05/30/2008 Complaint -- Exhibits 21-73 9 MB
05/30/2008 Complaint -- Exhibits 1-20 8 MB
05/30/2008 Complaint 4 MB
General Counsel Reports, Briefs, Notifications and Responses 04/26/2010 Notification to Oliver B. Hall, Esq. 1 MB
04/26/2010 Notification with Factual and Legal Analysis to John Kerry for President, Inc., Kerry-Edwards 2004 Inc. and David Thorne in his official capacity as treasurer, and John Kerry 691 KB
04/26/2010 Notification with Factual and Legal Analysis to Democratic National Committee and Andrew Tobias, in his official capacity as treasurer 745 KB
04/26/2010 Notification with Factual and Legal Analysis to America Coming Together 313 KB
04/26/2010 Notification with Factual and Legal Analysis to The Ballot Project, Inc. 158 KB
04/26/2010 Notification with Factual and Legal Analysis to Uniting People for Victory 110 KB
04/26/2010 Notification with Factual and Legal Analysis to National Progress Fund 109 KB
04/26/2010 Notification with Factual and Legal Analysis to Americans for Jobs 110 KB
11/30/2009 First General Counsel's Report 1 MB
Certifications 04/13/2010 Democratic National Committee and Andrew Tobias, in his official capacity as treasurer; John Kerry; John Edwards; Kerry for President 2004, Inc. and David Thorne, in his official capacity as treasurer; Kerry-Edwards 2004, Inc. and David Thorne, in his official capacity as treasurer; America Coming Together; The Ballot Project; Uniting People for Victory; The National Progress Fund; and Americans for Jobs 81 KB

Participants

Relationship Name
Primary respondent DNC Services Corporation/Democratic National Committee
Respondent America Coming Together (ACT)
Kerry, John
Kerry-Edwards 2004 Inc.
Previous respondent Americans for Jobs
John Kerry For President, Inc.
National Progress Fund
The Ballot Project, Inc.
Thorne, David
Tobias , Andrew
Uniting People for Victory
Respondent's counsel Elias, Marc E., Esq.
Gold, Laurence E., Esq.
Noble , Lawrence, Esq.
Sandler, Joseph E., Esq.
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