MUR #7337
DEBBIE LESKOSummary
RESPONDENTS: Lesko, Debbie; Conservative Leadership for Arizona; Re-Elect Debbie Lesko for Senate; Sifert, Tim
COMPLAINANTS: Campaign Legal Center; Kelley, Catherine Hinckley; Fischer (CLC), Brendan M.
SUBJECT: Committees-PAC; Committees-Candidate; Soft Money
DISPOSITION: The Commission decided by a vote of 5-0 to close the file and send the appropriate letters, as recommended in the Memorandum from Chairman Dickerson dated September 29, 2022.
The Commission failed by a vote of 3-3 to take the following action in MUR 7337:
Find probable cause to believe that Debbie Lesko and Re-Elect Debbie Lesko for Senate violated 52 U.S.C. § 30125(e)(1)(A) by transferring funds in connection with a federal election that were not subject to the reporting requirements of the Act.
The Commission decided by a vote of 5-1 to:
1. Accept the conciliation agreement with Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer in MUR 7337, as recommended in the Memorandum to the Commission dated June 30, 2021.
2. Dismiss the allegation that Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer violated 52 U.S.C. § 30104(b) in MUR 7337.
3. Dismiss the allegation that Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer violated 52 U.S.C. § 30120(a) in MUR 7344.
4. Close the file in MUR 7337 as to Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer.
5. Close the file in MUR 7344.
6. Send the appropriate letters.
The Commission failed by a vote of 3-3 to:
1. Reject Debbie Lesko and Re-Elect Debbie Lesko for Senate’s pre-probable cause conciliation counteroffer in MUR 7337.
2. Send the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MUR 7337:
1. Approve the conciliation agreement for Debbie Lesko and Re-Elect Debbie Lesko for Senate, as recommended in the Memorandum to the Commission dated February 2, 2021, and subject to the edits last circulated by Vice Chair Dickerson’s Office on Friday, March 5, 2021 at 2:51 p.m.
2. Approve the conciliation agreement for Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer, as recommended in the Memorandum to the Commission dated February 2, 2021, and subject to the edits last circulated by Vice Chair Dickerson’s Office on Friday, March 5, 2021 at 2:51 p.m.
The Commission failed by a vote of 3-3 to take the following actions in MUR 7337:
1. Approve the conciliation agreement for Debbie Lesko and Re-Elect Debbie Lesko for Senate, as recommended in the Memorandum to the Commission dated February 2, 2021, and subject to the edits last circulated by Commissioner Weintraub’s Office on February 22, 2021 at 11:37 p.m.
2. Approve the conciliation agreement for Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer, as recommended in the Memorandum to the Commission dated February 2, 2021, and subject to the edits last circulated by Commissioner Weintraub’s Office on February 22, 2021 at 11:37 p.m.
The Commission decided by a vote of 6-0 to authorize the Office of General Counsel to enter into pre-probable cause conciliation with Debbie Lesko, Re-Elect Debbie Lesko to Senate, and Conservative Leadership for Arizona for a period not to exceed 21 days or 3 months, if an agreement to toll the statute of limitations for that period is in place, from the time the Commission approves the Conciliation Agreement.
The Commission failed by a vote of 2-2 to:
a. Find reason to believe that Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer improperly reported funds received from Re-Elect Debbie Lesko for Senate.
b. Find reason to believe that Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer violated 52 U.S.C. § 30120 and 11 C.F.R. § 110.11.
c. Direct the Office of General Counsel to draft corresponding Factual and Legal Analyses for these reporting and disclaimer violations.
d. Approve the use of compulsory process to investigate.
The Commission decided by a vote of 4-0 to:
a. Merge MUR 7327 into MUR 7337.
b. Find reason to believe that Debbie Lesko and Re-Elect Debbie Lesko for Senate violated 52 U.S.C. § 30125(e)(1)(A) by transferring funds that were not subject to the reporting requirements of the Act and used in connection with a federal election.
c. Find reason to believe that Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer violated 52 U.S.C. § 30125(e)(1)(A) by receiving and spending funds that were not subject to the reporting requirements of the Act and used in connection with a federal election.
d. Find no reason to believe that Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer violated 52 U.S.C. § 30104(g) in MUR 7344 by failing to file 24-Hour or 48-Hour Reports of independent expenditures.
e. Approve the Factual and Legal Analysis for Debbie Lesko and Re-Elect Debbie Lesko for Senate, as recommended in the First General Counsel’s Report dated June 11, 2019, and last circulated by Vice Chairman Petersen’s Office on July 23, 2019 and as described at the table:
i. Striking the paragraph on page 8 of 10, lines 3-16, and
ii. Making the following edit on page 8 of 10, line 18:
1. Add a period behind “prohibited”,
2. Strike “because”, and
3. Capitalize ‘neither”.
f. Approve the Factual and Legal Analysis for Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer, as recommended in the First General Counsel’s Report dated June 11, 2019, except
i. Make similar edits to the Factual and Legal Analysis for Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer as described in items 4(e)(i) and (ii).
g. Approve the use of compulsory process.
h. Approve the appropriate letters.
The Commission failed by a vote of 2-2 to:
Approve the Factual and Legal Analysis for Debbie Lesko and Re-Elect Debbie Lesko for Senate, as recommended in the First General Counsel’s Report dated June 11, 2019, with the change deleting the word “because” as described earlier at the table.
The Commission failed by a vote of 3-1 to:
a. Merge MUR 7327 into MUR 7337.
b. Find reason to believe that Debbie Lesko and Re-Elect Debbie Lesko for Senate violated 52 U.S.C. § 30125(e)(1)(A) by transferring funds that were not subject to the reporting requirements of the Act and used in connection with a federal election.
c. Find reason to believe that Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer violated 52 U.S.C. § 30125(e)(1)(A) by receiving and spending funds that were not subject to the reporting requirements of the Act and used in connection with a federal election.
d. Take no action at this time on the allegation that Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer improperly reported funds received from Re-Elect Debbie Lesko for Senate.
e. Find no reason to believe that Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer violated 52 U.S.C. § 30104(g) in MUR 7344 by failing to file 24-Hour or 48-Hour Reports of independent expenditures.
f. Take no action at this time on the disclaimer allegations in MUR 7344 against Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer.
g. Take no action at this time as to Debbie Lesko for Congress and Ashley Ragan in her official capacity as treasurer.
h. Approve the Factual and Legal Analysis for Debbie Lesko and Re-Elect Debbie Lesko for Senate, as recommended in the First General Counsel’s Report dated June 11, 2019 except
i. Strike the paragraph on page 8 of 10, lines 3-16, and
ii. Have a conforming edit reflecting the change recommended at the table by Chair Weintraub.
i. Approve the Factual and Legal Analysis for Conservative Leadership for Arizona and Tim Sifert in his official capacity as treasurer, as recommended in the First General Counsel’s Report dated June 11, 2019 except
i. Have a conforming edit reflecting the change recommended at the table by Chair Weintraub.
j. Approve the use of compulsory process.
k. Approve the appropriate letters.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Conciliation-PPC | Conservative Leadership for Arizona | 52 U.S.C. §30125(e)(1)(A) | |
Sifert, Tim | 52 U.S.C. §30125(e)(1)(A) | ||
Dismissed-Other | Lesko, Debbie | 52 U.S.C. §30125(e)(1)(A) | |
Re-Elect Debbie Lesko for Senate | 52 U.S.C. §30125(e)(1)(A) | ||
Conservative Leadership for Arizona | 52 U.S.C. §30125(e)(1)(A) | ||
Sifert, Tim | 52 U.S.C. §30125(e)(1)(A) | ||
Conservative Leadership for Arizona | 52 U.S.C. §30125(e)(1)(A) | ||
Sifert, Tim | 52 U.S.C. §30125(e)(1)(A) |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | Lesko, Debbie |
Previous respondent | Conservative Leadership for Arizona |
Re-Elect Debbie Lesko for Senate | |
Sifert, Tim | |
Complainant | Campaign Legal Center |
Fischer (CLC), Brendan M. | |
Kelley, Catherine Hinckley | |
Respondent's counsel | Wiley Rein LLP (1) |