MUR #7682
Honor Bound PAC (f/k/a Amy McGrath for Senate)Summary
RESPONDENTS: Honor Bound PAC (f/k/a Amy McGrath for Senate, Inc.); Galvin, Edward; Nickolas, Mark L.; Patton, Chris; Save America Fund
COMPLAINANT: Brown, J. McCauley
SUBJECT: Committees; Non-federal; Solicitation
DISPOSITION: The Commission decided by a vote of 6-0 to take the following actions in MUR 7682:
1. Accept the conciliation agreement with Honor Bound PAC f/k/a Amy McGrath for Senate, Inc., and Chris Patton in his official capacity as treasurer and Mark L. Nickolas, as recommended in the Memorandum to the Commission dated March 15, 2022.
2. Approve the appropriate letters.
3. Close the file.
The Commission decided by a vote of 6-0 to take the following actions in MUR 7682:
1. Find reason to believe that Honor Bound PAC (f/k/a Amy McGrath for Senate, Inc.) and Chris Patton in his official capacity as treasurer violated 52 U.S.C. § 30125(e) and 11 C.F.R. § 300.61.
2. Find reason to believe that Mark L. Nickolas violated 52 U.S.C. § 30125(e) and 11 C.F.R. § 300.61.
3. Find no reason to believe that Save America Fund and Edward Galvin in his official capacity as treasurer violated 52 U.S.C. § 30125(e) and 11 C.F.R. § 300.61 and close the file as to these respondents.
4. Enter into conciliation with Honor Bound PAC (f/k/a Amy McGrath for Senate, Inc.) and Chris Patton in his official capacity as treasurer and Mark L. Nickolas prior to a finding of probable cause to believe.
5. Approve the Conciliation Agreement, as recommended in the First General Counsel’s Report dated August 21, 2020, subject to the edits last circulated by Chair Broussard’s Office on December 1, 2021 at 3:52 p.m.
6. Approve the Factual & Legal Analyses, as recommended in the First General Counsel’s Report dated August 21, 2020, subject to the edits last circulated by Commissioner Weintraub’s Office on December 1, 2021 at 4:24 p.m.
7. Send the appropriate letters.
The Commission failed by a vote of 3-3 to:
a. Find reason to believe that Amy McGrath for Senate, Inc. and Chris Patton in his official capacity as treasurer violated 52 U.S.C. § 30125(e) and 11 C.F.R. § 300.61.
b. Find reason to believe that Mark L. Nickolas violated 52 U.S.C. § 30125(e) and 11 C.F.R. § 300.61.
c. Find no reason to believe that Save America Fund and Edward Galvin in his official capacity as treasurer violated 52 U.S.C. § 30125(e) and 11 C.F.R. § 300.61 and close the file as to these respondents.
d. Enter into conciliation with Amy McGrath for Senate, Inc. and Chris Patton in his official capacity as treasurer and Mark L. Nicholas prior to a finding of probable cause to believe.
e. Direct the Office of General Counsel to revise the Factual & Legal Analyses, so as to only include the statement “We very strongly encourage donors to give to Eric’s group” and to eliminate the statement “I think the signal is for people who are interested in contributing beyond the legal limits, they should have confidence to contribute to the Super PAC”.
f. Dismiss the second statement in Item 2(e) pursuant to Heckler v. Chaney.
g. Revise the Conciliation Agreement, so as to have the civil penalty.
h. Send the appropriate letters.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Conciliation-PPC | Nickolas, Mark L. |
52
U.S.C.
§30125(e)
11 CFR 300.61 |
|
Honor Bound PAC (f/k/a Amy McGrath for Senate, Inc.) |
52
U.S.C.
§30125(e)
11 CFR 300.61 |
||
Patton, Chris |
52
U.S.C.
§30125(e)
11 CFR 300.61 |
||
No RTB | Galvin, Edward |
52
U.S.C.
§30125(e)
11 CFR 300.61 |
|
Save America Fund |
52
U.S.C.
§30125(e)
11 CFR 300.61 |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | Honor Bound PAC (f/k/a Amy McGrath for Senate, Inc.) |
Previous respondent | Galvin, Edward |
Nickolas, Mark L. | |
Patton, Chris | |
Save America Fund | |
Complainant | Brown, J. McCauley |
Respondent's counsel | Berkon, Jonathan S., Esq. |
Elias Law Group LLP |