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Federal Election Commission | United States of America

MUR #6415

KRISTI FOR CONGRESS

Summary

RESPONDENTS: Kristi for Congress; Hustead, Ted; Noem, Kristi Lynn

COMPLAINANT: Breck, Betty

SUBJECT: Disclaimer

DISPOSITION: The Commission failed on a vote of 2-4 to take the following actions in MUR 6415:a. Find Reason to Believe that Respondent Kristi for Congress and Ted Hustead, in his official capacity as treasurer, violated 2 U.S.C. § 441d and 11 CFR § 110.11 and to authorize the Office of General Counsel to conduct a limited investigation in order to determine the costs associated with the production and dissemination of the newspaper ad consisting of the dark format that occupies the bottom 1/3 of the newspaper page and that did not contain the required disclaimer.b. Authorize the Office of General Counsel to enter into pre-Probable Cause Conciliation with an opening civil penalty offer equal to 20 percent of the costs associated with the production and dissemination of the newspaper ad that did not contain the required disclaimer.
The Commission failed on a vote of 1-5 to take the following actions in MUR 6415:a. Dismiss the allegation that Respondent Kristi for Congress and Ted Hustead, in his official capacity as treasurer, violated 2 U.S.C. § 441d and 11 C.F.R. § 110.11.b. Find no reason to believe that Respondent Kristi Lynn Noem violated 2 U.S.C. § 441d and 11 C.F.R. § 110.11.c. Approve the Factual and Legal Analysis as recommended in the First General Counsel's Report dated August 30, 2011.d. Approve the appropriate letters and e. Close the file.
The Commission failed on a vote of 3-3 to take the following actions in MUR 6415:a. Find no reason to believe that the allegation that Respondent Kristi for Congress and Ted Hustead, in his official capacity as treasurer, violated 2 U.S.C. § 441d and 11 C.F.R. § 110.11.b. Find no reason to believe that Respondent Kristi Lynn Noem violated 2 U.S.C. § 441d and 11 C.F.R. § 110.11.c. Approve the appropriate letters.d. Close the file.
The Commission decided by a vote of 6-0 to take the following actions in MUR 6415:a. Close the file.b. Send the appropriate letters.

Disposition

Disposition Penalty Respondent Citation
Dismissed-Other Kristi for Congress
Hustead, Ted
Noem, Kristi Lynn

Documents

Type Date Document
Complaint, Responses, Designation of Counsel and Extensions of Time 11/22/2010 Response from Kristi Lynn Noem and Kristi for Congress 99 KB
11/15/2010 Designation of Counsel from Kristi for Congress 35 KB
10/25/2010 Complaint 202 KB
General Counsel Reports, Briefs, Notifications and Responses 11/21/2011 Notification to Kristi for Congress and Ted Hustead, in his official capacity as treasurer 103 KB
11/21/2011 Notification to Kristi Lynn Noem 97 KB
11/21/2011 Notification to Betty Breck 103 KB
08/30/2011 First General Counsel's Report 360 KB
Certifications 11/15/2011 Kristi for Congress and Ted Hustead, in his official capacity as treasurer; Kristi Lynn Noem 68 KB
Statement of Reasons 12/20/2011 Commissioner Ellen L. Weintraub 117 KB
12/16/2011 Chair Cynthia L. Bauerly and Commissioner Steven L. Walther 7 MB

Participants

Relationship Name
Primary respondent Kristi for Congress
Previous respondent Hustead, Ted
Noem, Kristi Lynn
Complainant Breck, Betty
Respondent's counsel McCaulley, Matthew S.
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