MUR #7465
FREEDOM VOTE, INC.Summary
RESPONDENTS: Freedom Vote, Inc.; Fighting for Ohio Fund; Given, Mitch; Marston, Christopher M.; Nathanson, James S.
COMPLAINANTS: Citizens for Responsibility and Ethics in Washington; Bookbinder, Noah
SUBJECT: Committees-PAC; Other; Reporting
DISPOSITION: The Commission failed by a vote of 3-3 to:
Find probable cause to believe that Freedom Vote violated 52 U.S.C. §§ 30102, 30103, and 30104(a), (b), and (g)(2) by failing to organize, register, and report as a political committee.
The Commission decided by a vote of 4-1 to:
a. Close the file.
b. Issue appropriate letters.
The Commission failed by a vote of 3-3 to:
a. Dismiss the allegations that Freedom Vote violated 52 U.S.C. §§ 30102, 30103, and 30104 (a), (b), and (g)(2) by failing to organize, register, and report as a political committee.
b. Dismiss pursuant to Heckler v. Chaney the allegations that Freedom Vote failed to file 2016 Post-General and Year-End Reports.
c. Close the file.
d. Send the appropriate letters.
The Commission decided by a vote of 5-1 to approve the Subpoena to James S. Nathanson, as recommended in the Memorandum from the Acting General Counsel dated July 2, 2020.
The Commission decided by a vote of 4-0 to approve the Subpoena to Produce
Documents and Order to Submit Written Answers to Freedom Vote, Inc., as recommended in the Memorandum from Chair Ellen L. Weintraub dated August 30, 2019.
The Commission failed by a vote of 2-2 to:
a. Find reason to believe that Freedom Vote, Inc. violated 52 U.S.C. §§ 30102, 30103, 30104(a), (b), (g)(2) by failing to organize, register, and report as a political committee by 2014 and report “Third Largest” as an independent expenditure.
b. Find reason to believe that Freedom Vote, Inc. violated 52 U.S.C. § 30120(a), (d) by failing to include a disclaimer on “Third Largest”.
c. Find reason to believe that Freedom Vote, Inc., Fighting for Ohio Fund and Christopher M. Marston in his official capacity as treasurer, and unnamed respondents violated 52 U.S.C. § 30122 by making and accepting contributions in the name of another.
d. Take no action at this time as to the allegations that Fighting for Ohio Fund and Christopher M. Marston in his official capacity as treasurer violated 52 U.S.C. §§ 30116(a)(8), 30122 or 11 C.F.R. §§ 110.6(c) and 110.4(b) with respect to earmarked contributions.
e. Direct the Office of General Counsel to draft a Factual and Legal Analysis consistent with these recommendations.
f. Authorize the use of compulsory process.
g. Approve the appropriate letters.
The Commission decided by a vote of 4-0 to:
a. Find reason to believe that Freedom Vote, Inc. violated 52 U.S.C. §§ 30102, 30103, 30104(a), (b), and (g)(2) by failing to organize, register, and report as a political committee.
b. Find reason to believe that Freedom Vote, Inc. violated 52 U.S.C. §§ 30120(a), (d) and 11 C.F.R. § 110.11 by failing to include a disclaimer on “Third Largest”.
c. Approve the Factual and Legal Analysis, as recommended in the First General Counsel’s Report dated July 1, 2019, and last circulated by Vice Chairman Petersen’s Office on July 25, 2019 at 4:33 p.m. and further modified at the table.
d. Authorize the use of compulsory process.
e. Approve the appropriate letters.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Dismissed-Other | Fighting for Ohio Fund | ||
Nathanson, James S. | |||
Marston, Christopher M. | |||
Freedom Vote, Inc. |
52
U.S.C.
§30102
52 U.S.C. §30103 52 U.S.C. §30104(a), (b), and (g)(2) |
||
Given, Mitch |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | Freedom Vote, Inc. |
Previous respondent | Fighting for Ohio Fund |
Given, Mitch | |
Marston, Christopher M. | |
Nathanson, James S. | |
Complainant | Bookbinder, Noah |
Citizens for Responsibility and Ethics in Washington | |
Respondent's counsel | Dickinson Wright, PLLC |
Spies, Charles "Charlie" R. |