MUR #7495
COMMON DEFENSE/BEYOND THE CHOIR ACTION FUNDSummary
RESPONDENTS: Common Defense Action Fund (f/k/a Common Defense/Beyond the Choir Action Fund); Friends of Jess King; Lancaster Stands Up; O'Brien, Perry; Rangoonwala, Juzer
COMPLAINANT: Stoll, Michael
SUBJECT: Committees-PAC; Contributions-Prohibited; Disclaimer; Expenditures-Coordinated; Reporting
DISPOSITION: The Commission failed by a vote of 2-4 to:
a. Find reason to believe that Common Defense Action Fund and Perry O’Brien, in his official capacity as treasurer, violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.4(b) by misreporting independent expenditures.
b. Find reason to believe that Common Defense Action Fund and Perry O’Brien, in his official capacity as treasurer, violated 52 U.S.C. § 30120 and 11 U.S.C. § 110.11 by failing to include proper disclaimers on public communications in the form of paid advertisements on Facebook.
c. Dismiss the allegation that Lancaster Stands Up violated 52 U.S.C. § 30104 and
11 C.F.R. § 104.4(b) by failing to report independent expenditures.
d. Dismiss the allegation that Lancaster Stands Up violated 52 U.S.C. § 30120 and
11 U.S.C. § 110.11 by failing to include proper disclaimers on public communications containing express advocacy.
e. Find reason to believe that Common Defense Action Fund and Perry O’Brien, in his official capacity as treasurer, and Lancaster Stands Up violated 52 U.S.C. § 30118 by making prohibited in-kind contributions to the King Committee in the form of coordinated communications.
f. Find reason to believe that Friends of Jess King and Juzer Rangoonwala, in his official capacity as treasurer, violated 52 U.S.C. § 30116 by accepting prohibited in-kind contributions in the form of coordinated communications.
g. Direct the Office of General Counsel to revise the proposed Factual and Legal Analysis to consistent with these findings.
h. Authorize the use of compulsory process.
i. Approve the appropriate letters.
The Commission failed by a vote of 2-4 to:
a. Find reason to believe that Common Defense Action Fund and Perry O’Brien, in his official capacity as treasurer, violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.4(b) by misreporting independent expenditures.
b. Find reason to believe that Common Defense Action Fund and Perry O’Brien, in his official capacity as treasurer, violated 52 U.S.C. § 30120 and 11 U.S.C. § 110.11 by failing to include proper disclaimers on public communications in the form of paid advertisements on Facebook.
c. Dismiss the allegation that Lancaster Stands Up violated 52 U.S.C. § 30104 and
11 C.F.R. § 104.4(b) by failing to report independent expenditures.
d. Dismiss the allegation that Lancaster Stands Up violated 52 U.S.C. § 30120 and
11 U.S.C. § 110.11 by failing to include proper disclaimers on public communications containing express advocacy.
e. Direct the Office of General Counsel to revise the proposed Factual and Legal Analysis to consistent with these findings.
f. Authorize pre-probable cause conciliation with Common Defense Action Fund and Perry O’Brien, in his official capacity as treasurer.
g. Approve the proposed conciliation agreement, as recommended in the First General Counsel’s Report dated February 20, 2020.
h. Approve the appropriate letters.
The Commission decided by a vote of 5-1 to:
a. Dismiss the allegations pursuant to Heckler v. Chaney as exercise of prosecutorial discretion.
b. Close the file.
c. Issue appropriate letters.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Dismiss pursuant to prosecutorial discretion | O'Brien, Perry |
52
U.S.C.
§30104(b)
52 U.S.C. §30118 52 U.S.C. §30120 11 CFR 104.4(b) 11 CFR 110.11 |
|
Lancaster Stands Up |
52
U.S.C.
§30104
52 U.S.C. §30120 11 CFR 104.4(b) 11 CFR 110.11 |
||
Common Defense Action Fund (f/k/a Common Defense/Beyond the Choir Action Fund) |
52
U.S.C.
§30104(b)
52 U.S.C. §30118 52 U.S.C. §30120 11 CFR 104.4(b) 11 CFR 110.11 |
||
Friends of Jess King | 52 U.S.C. §30116 | ||
Rangoonwala, Juzer | 52 U.S.C. §30116 |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | Common Defense Action Fund (f/k/a Common Defense/Beyond the Choir Action Fund) |
Previous respondent | Friends of Jess King |
Lancaster Stands Up | |
O'Brien, Perry | |
Rangoonwala, Juzer | |
Complainant | Stoll, Michael |
Respondent's counsel | Masters, Steve |