MUR #6915

RESPONDENTS: Right to Rise PAC, Inc.; Bush, John Ellis "JEB"; Jeb 2016, Inc; Murphy, Michael "Mike" E.; Right to Rise USA; Robinson, James P.; Simon, William; Spies, Charles "Charlie" R.

COMPLAINANTS: American Democracy Legal Fund; Woodhouse, Brad

SUBJECT: Committees; Contributions; Non-federal; Reporting

DISPOSITION: The Commission decided by a vote of 4-1 to take the following actions in MURs 6915 and 6927: 1. Close the file. 2. Send the appropriate letters.
The Commission failed by a vote of 3-3 to take the following actions in MURs 6915 and 6927: 1. Close the file. 2. Issue the appropriate letters.
The Commission failed by a vote of 0-2 to: Exercise the Commission's prosecutorial discretion and dismiss the matter subject to Heckler v. Chaney.
The Commission failed by a vote of 2-2 to: a. Close the file. b. Send the appropriate letters. c. Authorize the Office of General Counsel to defend the Commission in Campaign Legal Center v. FEC, No. 20-730.
The Commission failed by a vote of 3-1 to: a. Close the file in this matter. b. Authorize defense of suit if filed under provision 52 U.S.C. § 30109(a)(8).
The Commission failed by a vote of 0-2 to: Dismiss this case on the grounds of prosecutorial discretion.
The Commission failed by a vote of 2-0 to close the file.
The Commission failed by a vote of 2-0 to: 1. Close the file. 2. Send the appropriate letters.
The Commission failed by a vote of 3-1 to: a. Close the file. b. Authorize defense of suit in the event the complainant files a suit under 52 U.S.C. § 30109(a)(8).
The Commission failed by a vote of 2-2 to: a. Close the file. b. Send the appropriate letters.
The Commission failed by a vote of 2-2 to: a. Close the file. b. Send the appropriate letters.
The Commission failed by a vote of 2-2 to: a. Find reason to believe John Ellis Bush violated 52 U.S.C. § 30102(e)(1) and 11 C.F.R. § 101.1(a) and that Jeb Bush 2016, Inc. and William Simon in his official capacity violated 52 U.S.C. §§ 30103(a) and 30104; or in the alternative, find reason to believe that Jeb Bush violated 11 C.F.R. §§ 100.72(a) and 100.131(a) and that Jeb Bush 2016, Inc. and William Simon in his official capacity violated 52 U.S.C. § 30104. b. Find reason to believe that Right to Rise PAC, Inc. and James P. Robinson in his official capacity as treasurer violated 52 U.S.C. § 30116(a) by making excessive in-kind contributions to John Ellis Bush and Jeb 2016, Inc. c. Find reason to believe that John Ellis Bush and Jeb Bush 2016, Inc. and William Simon violated 52 U.S.C. § 30116(f) by accepting excessive contributions from Right to Rise PAC. d. Take no action at this time with respect to Right to Rise U.S.A. and Charles R. Spies in his official capacity as treasurer as to whether or not they violated 52 U.S.C. § 30125(e). e. Take no action at this time with respect to the allegation that John Ellis Bush or Michael Murphy violated 52 U.S.C. § 30125(e). f. Take no action at this time with respect to the allegation that Right to Rise U.S.A. and Charles R. Spies in his official capacity as treasurer violated 52 U.S.C. § 30116(a) by making excessive in-kind contributions. g. Take no action at this time with respect to the allegation that John Ellis Bush, Jeb Bush 2016, Inc. and William Simon in his official capacity, and Right to Rise PAC, Inc., and James P. Robinson in his official capacity as treasurer violated 52 U.S.C. § 30116(a) or (f) as a result of making contributions defined by 11 C.F.R. § 110.2(l). h. Approve the Factual and Legal Analysis, as recommended in the First General Counsel’s Report dated February 8, 2017, and last circulated by Commissioner Petersen’s Office on December 6, 2018 at 9:49 p.m. i. Authorize the use of compulsory process. j. Approve the appropriate letters.
The Commission failed by a vote of 2-2 to: 1. Find reason to believe John Ellis Bush violated 52 U.S.C. § 30102(e)(1) and 11 C.F.R. § 101.1(a) and that Jeb Bush 2016, Inc. and William Simon in his official capacity violated 52 U.S.C. §§ 30103(a) and 30104; or in the alternative, find reason to believe that Jeb Bush violated 11 C.F.R. §§ 100.72(a) and 100.131(a) and that Jeb Bush 2016, Inc. and William Simon in his official capacity violated 52 U.S.C. § 30104. 2. Find reason to believe that Right to Rise PAC, Inc. and James P. Robinson in his official capacity as treasurer violated 52 U.S.C. § 30116(a) by making excessive in-kind contributions to John Ellis Bush and Jeb 2016, Inc. 3. Find reason to believe that John Ellis Bush and Jeb Bush 2016, Inc. and William Simon violated 52 U.S.C. § 30116(f) by accepting excessive contributions from Right to Rise PAC. 4. Find reason to believe that Right to Rise U.S.A. and Charles R. Spies in his official capacity as treasurer violated 52 U.S.C. § 30125(e). 5. Find reason to believe that John Ellis Bush and Michael Murphy violated 52 U.S.C. § 30125(e) and direct the Office of General Counsel to draft an appropriate Factual and Legal Analysis for that finding. 6. Take no action at this time with respect to the allegation that Right to Rise U.S.A. and Charles R. Spies in his official capacity as treasurer violated 52 U.S.C. § 30116(a) by making excessive in-kind contributions. 7. Take no action at this time with respect to the allegation that John Ellis Bush, Jeb Bush 2016, Inc. and William Simon in his official capacity, and Right to Rise PAC, Inc., and James P. Robinson in his official capacity as treasurer violated 52 U.S.C. § 30116(a) or (f) as a result of making contributions defined by 11 C.F.R. § 110.2(l). 8. Approve the Factual and Legal Analyses, as recommended in the First General Counsel’s Report dated February 8, 2017. 9. Authorize the use of compulsory process. 10. Approve the appropriate letters.