MUR #7760
Hickenlooper for ColoradoSummary
RESPONDENTS: Hickenlooper for Colorado; Hickenlooper, John W.; Lambe, Rebecca; SMP (formerly Senate Majority PAC); Turnage, Mark
COMPLAINANTS: Arnold, Kendra; Foundation for Accountability and Civic Trust (FACT)
SUBJECT: Committees-PAC; Committees-Candidate; Contributions-Prohibited; Contributions-Excessive; Expenditures-Coordinated; Reporting
DISPOSITION: The Commission decided by a vote of 6-0 to:
a. Approve the appropriate letters.
b. Close the file.
The Commission failed by a vote of 2-4 to:
Approve the Factual and Legal Analysis of SMP and Rebecca Lambe in her official capacity as treasurer, as circulated by the Office of General Counsel on December 19, 2022.
The Commission decided by a vote of 5-1 to:
Approve the Factual and Legal Analysis drafted for Hickenlooper for Colorado and Mark Turnage in his official capacity as treasurer, and John Hickenlooper, as last circulated by Chair Lindenbaum’s Office on January 23, 2023 at 3:30 p.m.
The Commission decided by a vote of 6-0 to:
Reconsider motion #1.
The Commission failed by a vote of 3-3 to:
Approve the Factual and Legal Analysis of SMP and Rebecca Lambe in her official capacity as treasurer, as circulated by the Office of General Counsel on December 19, 2022.
The Commission failed by a vote of 1-5 to:
a. Find reason to believe that SMP and Rebecca Lambe in her official capacity as treasurer violated 52 U.S.C. § 30116(a)(1)(A) and 11 C.F.R. § 110.1(b)(1) by making an excessive in-kind contribution to Hickenlooper for Colorado and violated 52 U.S.C.
§ 30104(b) and 11 C.F.R. § 104.3(b) by failing to report an in-kind contribution.
b. Find no reason to believe that John Hickenlooper and Hickenlooper for Colorado and Mark Turnage in his official capacity as treasurer violated 52 U.S.C. § 30116(f) and 11 C.F.R. § 110.9 by knowingly accepting an excessive in-kind contribution.
c. Find no reason to believe that Hickenlooper for Colorado and Mark Turnage in his official capacity as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3(a) by failing to report an in-kind contribution.
d. Approve the Factual and Legal Analyses, as recommended in the First General Counsel’s Report dated October 20, 2022.
e. Enter into pre-probable cause conciliation with SMP and Rebecca Lambe in her official capacity as treasurer.
f. Approve the proposed Conciliation Agreement, as recommended in the First General Counsel’s Report dated October 20, 2022.
g. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to:
Dismiss as an exercise of prosecutorial discretion the allegations that SMP and Rebecca Lambe in her official capacity as treasurer violated 52 U.S.C. § 30116(a)(1)(A) and 11 C.F.R. § 110.1(b)(1) by making an excessive in-kind contribution to Hickenlooper for Colorado and violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3(b) by failing to report an in-kind contribution.
The Commission decided by a vote of 5-1 to:
a. Find no reason to believe that John Hickenlooper and Hickenlooper for Colorado and Mark Turnage in his official capacity as treasurer violated 52 U.S.C. § 30116(f) and 11 C.F.R.
§ 110.9 by knowingly accepting an excessive in-kind contribution.
b. Find no reason to believe that Hickenlooper for Colorado and Mark Turnage in his official capacity as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3(a) by failing to report an in-kind contribution.
c. Direct the Office of General Counsel to revise the Factual and Legal Analyses to be consistent with these findings.
The Commission failed by a vote of 1-5 to:
a. Find reason to believe that SMP and Rebecca Lambe in her official capacity as treasurer violated 52 U.S.C. § 30116(a)(1)(A) and 11 C.F.R. § 110.1(b)(1) by making an excessive in-kind contribution to Hickenlooper for Colorado and violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3(b) by failing to report an in-kind contribution.
b. Dismiss the allegation that John Hickenlooper and Hickenlooper for Colorado and Mark Turnage in his official capacity as treasurer violated 52 U.S.C. § 30116(f) and 11 C.F.R.
§ 110.9 by knowingly accepting an excessive in-kind contribution.
c. Dismiss the allegation that Hickenlooper for Colorado and Mark Turnage in his official capacity as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3(a) by failing to report an in-kind contribution.
d. Draft Factual and Legal Analyses consistent with these findings.
e. Enter into pre-probable cause conciliation with SMP and Rebecca Lambe in her official capacity as treasurer.
f. Approve the proposed Conciliation Agreement, as recommended in the First General Counsel’s Report dated October 20, 2022.
g. Approve the appropriate letters.
Disposition
Disposition | Penalty | Respondent | Citation |
---|---|---|---|
Dismiss pursuant to prosecutorial discretion | SMP (formerly Senate Majority PAC) |
52
U.S.C.
§30104(b)
52 U.S.C. §30116(a)(1)(A) 11 CFR 104.3(b) 11 CFR 110.1(b)(1) |
|
Lambe, Rebecca |
52
U.S.C.
§30104(b)
52 U.S.C. §30116(a)(1)(A) 11 CFR 104.3(b) 11 CFR 110.1(b)(1) |
||
No RTB | Hickenlooper for Colorado |
52
U.S.C.
§30104(b)
52 U.S.C. §30116(f) 11 CFR 104.3(a) 11 CFR 110.9 |
|
Turnage, Mark |
52
U.S.C.
§30104(b)
52 U.S.C. §30116(f) 11 CFR 104.3(a) 11 CFR 110.9 |
||
Hickenlooper, John W. |
52
U.S.C.
§30116(f)
11 CFR 110.9 |
Documents
Participants
Relationship | Name |
---|---|
Primary respondent | Hickenlooper for Colorado |
Previous respondent | Hickenlooper, John W. |
Lambe, Rebecca | |
SMP (formerly Senate Majority PAC) | |
Turnage, Mark | |
Complainant | Arnold, Kendra |
Foundation for Accountability and Civic Trust (FACT) | |
Respondent's counsel | Elias Law Group LLP |
Elias, Marc E. |