MUR #6955
JOHN R. KASICH, ET AL.Summary
RESPONDENTS: Kasich, John R.; Kasich for America; New Day for America; Yuskewich, J. Matthew
COMPLAINANTS: American Democracy Legal Fund; Woodhouse, Brad
SUBJECT: Contributions; Disclaimer; Other; Reporting
DISPOSITION: The Commission failed by a vote of 2-4 to take the following actions in MURs 6955 and 6983:
1. Approve the conciliation agreement, as recommended in the Memorandum to the Commission dated March 3, 2021.
2. Approve the appropriate letter.
The Commission failed by a vote of 2-4 to take the following actions in MURs 6955 and 6983:
1. Approve the conciliation agreement, as recommended in the Memorandum to the Commission dated March 3, 2021.
2. Approve the appropriate letter.
The Commission decided by a vote of 4-2 to take the following actions in MURs 6955 and 6983:
1. Dismiss all allegations against all respondents under Heckler v. Chaney.
2. Issue the appropriate letters.
3. Close the file.
The Commission failed by a vote of 2-4 to take the following actions in MURs 6955 and 6983:
1. Find probable cause to believe that New Day for America and J. Matthew Yuskewich, in his official capacity as treasurer, violated 52 U.S.C. §§ 30116 and 30118(a) and 11 C.F.R. § 100.72(a) by making prohibited and excessive in-kind contributions to John Kasich and Kasich for America in connection with funding testing-the-waters activities.
2. Find probable cause to believe that New Day for America and J. Matthew Yuskewich, in his official capacity as treasurer, violated 52 U.S.C. §§ 30116 and 30118(a) by making prohibited and excessive in-kind contributions to John Kasich and Kasich for America in connection with coordinated communications.
The Commission failed by a vote of 2-4 to take the following actions in MURs 6955 and 6983:
1. Find probable cause to believe that John R. Kasich and Kasich for America and J. Matthew Yuskewich in his official capacity violated 52 U.S.C. §§ 30116(f), 30118(a) and 11 C.F.R. §§ 100.72(a) and 100.131(a) in connection with accepting impermissible, excessive, and unreported contributions from New Day for America for testing-the-waters activities.
2. Find probable cause to believe that John R. Kasich violated 52 U.S.C.§ 30102(e)(1) by failing to timely file his Statement of Candidacy.
3. Find probable cause to believe that John R. Kasich and Kasich for America and J. Matthew Yuskewich in his official capacity accepted prohibited and excessive in-kind contributions in the form of coordinated communications from New Day for America in violation of 52 U.S.C. §§ 30116 and 30118(a).
4. Find probable cause to believe that Kasich for America and J. Matthew Yuskewich in his official capacity did not disclose contributions from New Day for America in violation of 52 U.S.C. § 30104(b).
The Commission decided by a vote of 4-0 to:
a. Find reason to believe John R. Kasich violated 52 U.S.C. §§ 30116(f) and 30118(a) and 11 C.F.R. §§ 100.72 and 100.131 by accepting impermissible and excessive in- kind contributions for testing-the-waters activity.
b. Find reason to believe that Kasich for America, Inc. and J. Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b), 30116(f), and 30118(a) and 11 C.F.R. §§ 100.72 and 100.131 by accepting and failing to report impermissible and excessive in-kind contributions for testing-the-waters activity.
c. Find reason to believe that New Day for America and Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. §§ 30116(f) and 30118(a) by making impermissible and excessive in-kind contributions for testing-the-waters activity.
d. Find reason to believe John R. Kasich violated 52 U.S.C. § 30102(e)(1) by failing to timely file his Statement of Candidacy.
e. Take no action at this time as to whether New Day for America and Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. § 30103(a) by failing to timely file its Statement of Organization.
f. Find reason to believe John R. Kasich violated 52 U.S.C. §§ 30116 and 30118(a) by accepting prohibited and excessive in-kind contributions in the form of coordinated communications.
g. Find reason to believe that Kasich for America, Inc. and J. Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b), 30116, and 30118(a) by accepting and failing to report prohibited and excessive in-kind contributions in the form of coordinated communications.
h. Find reason to believe that New Day for America and Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b), 30116, and 30118(a) by making and failing to report impermissible and excessive in-kind-contributions in the form of coordinated communications.
i. Find reason to believe that New Day for America and Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. § 30120(d)(1)(B) by failing to include complete disclaimers on three television advertisements.
j. Take no action at this time on the allegation that John R. Kasich and New Day for America and Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. § 30125 by soliciting, receiving, directing, transferring,
or spending soft money.
k. Approve the Factual and Legal Analyses, as recommended in the First General Counsel’s Report dated July 12, 2018, . . . REDACTED . . . .
l. Authorize the use of compulsory process.
m. Approve the appropriate letters.
The Commission failed by a vote of 2-2 to:
a. Find reason to believe John R. Kasich violated 52 U.S.C. §§ 30116(f) and 30118(a) and 11 C.F.R. §§ 100.72 and 100.131 by accepting impermissible and excessive in- kind contributions for testing-the-waters activity.
b. Find reason to believe that Kasich for America, Inc. and J. Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b), 30116(f), and 30118(a) and 11 C.F.R. §§ 100.72 and 100.131 by accepting and failing to report impermissible and excessive in-kind contributions for testing-the-waters activity.
c. Find reason to believe that New Day for America and Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. §§ 30116(f) and 30118(a) by making impermissible and excessive in-kind contributions for testing-the-waters activity.
d. Find reason to believe John R. Kasich violated 52 U.S.C. § 30102(e)(1) by failing to timely file his Statement of Candidacy.
e. Find reason to believe that New Day for America and Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. § 30103(a) by failing to timely file its Statement of Organization.
f. Find reason to believe John R. Kasich violated 52 U.S.C. §§ 30116 and 30118(a) by accepting prohibited and excessive in-kind contributions in the form of coordinated communications.
g. Find reason to believe that Kasich for America, Inc. and J. Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b), 30116, and 30118(a) by accepting and failing to report prohibited and excessive in-kind contributions in the form of coordinated communications.
h. Find reason to believe that New Day for America and Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. §§ 30104(b), 30116, and 30118(a) by making and failing to report impermissible and excessive in-kind-contributions in the form of coordinated communications.
i. Find reason to believe that New Day for America and Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. § 30120(d)(1)(B) by failing to include complete disclaimers on three television advertisements.
j. Find reason to believe that John R. Kasich and New Day for America and Matthew Yuskewich in his official capacity as treasurer violated 52 U.S.C. § 30125 by soliciting, receiving, directing, transferring, or spending soft money.
k. Direct the Office of General Counsel to draft an appropriate Factual and Legal Analysis to account for the two (2) additional reason to believe findings.
l. Authorize the use of compulsory process.
m. Approve the appropriate letters.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Dismiss pursuant to prosecutorial discretion | Kasich, John R. |
52
U.S.C.
§30102(e)(1)
52 U.S.C. §30116 52 U.S.C. §30116(f) 52 U.S.C. §30118(a) 11 CFR 100.72 11 CFR 100.131 |
|
Kasich for America |
52
U.S.C.
§30104(b)
52 U.S.C. §30116 52 U.S.C. §30116(f) 52 U.S.C. §30118(a) 11 CFR 110.72 11 CFR 100.131 |
||
New Day for America |
52
U.S.C.
§30104(b)
52 U.S.C. §30116 52 U.S.C. §30116(f) 52 U.S.C. §30118(a) 52 U.S.C. §30120(d)(1)(B) |
||
Yuskewich, J. Matthew |
52
U.S.C.
§30104(b)
52 U.S.C. §30116 52 U.S.C. §30116(f) 52 U.S.C. §30118(a) 52 U.S.C. §30120(d)(1)(B) 11 CFR 110.72 11 CFR 100.131 |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | Kasich, John R. |
Previous respondent | Kasich for America |
New Day for America | |
Yuskewich, J. Matthew | |
Complainant | American Democracy Legal Fund |
Woodhouse, Brad |