MUR #7792

RESPONDENTS: Alaina Shearer for Congress; Frost-Brooks, Patricia; Gem City Rise PAC (f/k/a Friends of Desiree Tims); Hubay, Scott M.; Ohio Democratic Party; Shearer, Alaina; Tims, Desiree

COMPLAINANTS: Ohio Republican Party; Secaur, Robert

SUBJECT: Committees-Party; Committees-Candidate; Contributions-Excessive; Personal use; Reporting

DISPOSITION: The Commission decided by a vote of 5-0 to take the following actions in MUR 7792: 1. Close the file. 2. Issue the appropriate letters.
The Commission failed by a vote of 3-2 to take the following actions in MUR 7792: 1. Accept the conciliation agreement with Alaina Shearer for Congress and Scott M. Hubay in his official capacity as treasurer, as recommended in the Memorandum to the Commission dated October 6, 2022. 2. Accept the conciliation agreement with Gem City Rise PAC (f/k/a Friends of Desiree Tims) and Scott M. Hubay in his official capacity as treasurer, as recommended in the Memorandum to the Commission dated October 6, 2022. 3. Approve the appropriate letters. 4. Close the file.
The Commission decided by a vote of 4-2 to take the following actions in MUR 7792: 1. Find no reason to believe that the Ohio Democratic Party and Patricia Frost- Brooks in her official capacity as treasurer violated 52 U.S.C. § 30114(b)(2) or 52 U.S.C. § 30116(a)(2)(A). 2. Find no reason to believe that Alaina Shearer and Alaina Shearer for Congress and Scott M. Hubay in his official capacity as treasurer violated 52 U.S.C.§ 30114(b)(2), 52 U.S.C. § 30116(a)(2)(A), or 52 U.S.C. § 30116(f). 3. Find no reason to believe that Desiree Tims and Gem City Rise PAC (f/k/a Friends of Desiree Tims) and Scott M. Hubay in his official capacity as treasurer violated 52 U.S.C. § 30114(b)(2), 52 U.S.C. § 30116(a)(2)(A), or 52 U.S.C. § 30116(f). 4. Dismiss the allegation that the Ohio Democratic Party and Patricia Frost-Brooks in her official capacity as treasurer violated 52 U.S.C.§ 30104(b)(4) pursuant to the Commission’s prosecutorial discretion under Heckler v. Chaney. 5. Find reason to believe that Alaina Shearer for Congress and Scott M. Hubay in his official capacity as treasurer violated 52 U.S.C.§ 30104(b)(4). 6. Find reason to believe that Gem City Rise PAC (f/k/a Friends of Desiree Tims) and Scott M. Hubay in his official capacity as treasurer violated 52 U.S.C. § 30104(b)(4). 7. Approve the Factual and Legal Analysis for the Ohio Democratic Party and Patricia Frost-Brooks in her official capacity as treasurer, as last circulated by Chairman Dickerson’s Office on April 21, 2022 at 2:02 p.m., and further subject to the edits discussed at the table. 8. Approve the Factual and Legal Analyses for Alaina Shearer for Congress and Scott M. Hubay in his official capacity as treasurer and Gem City Rise PAC (f/k/a Friends of Desiree Tims) and Scott M. Hubay in his official capacity as treasurer, as last circulated by Chairman Dickerson’s Office on April 22, 2022 at 12:48 p.m. 9. Authorize conciliation prior to a finding of probable cause to believe with Alaina Shearer for Congress and Scott M. Hubay in his official capacity as treasurer, and Gem City Rise PAC (f/k/a Friends of Desiree Tims) and Scott M. Hubay in his official capacity as treasurer. 10. Approve the proposed Conciliation Agreements, with respect to Alaina Shearer for Congress and Scott M. Hubay in his official capacity as treasurer, and Gem City Rise PAC (f/k/a Friends of Desiree Tims) and Scott M. Hubay in his official capacity as treasurer, as recommended in the First General Counsel’s Report dated January 26, 2022. 11. Approve the appropriate letters.
The Commission failed by a vote of 2-4 to: a. Find no reason to believe that the Ohio Democratic Party and Patricia Frost- Brooks in her official capacity as treasurer violated 52 U.S.C. § 30114(b)(2) or 52 U.S.C. § 30116(a)(2)(A). b. Find no reason to believe that Alaina Shearer and Alaina Shearer for Congress and Scott M. Hubay in his official capacity as treasurer violated 52 U.S.C. § 30114(b)(2), 52 U.S.C. § 30116(a)(2)(A), or 52 U.S.C. § 30116(f). c. Find no reason to believe that Desiree Tims and Gem City Rise PAC (f/k/a Friends of Desiree Tims) and Scott M. Hubay in his official capacity as treasurer violated 52 U.S.C. § 30114(b)(2), 52 U.S.C. § 30116(a)(2)(A), or 52 U.S.C. § 30116(f). d. Dismiss the allegation that the Ohio Democratic Party and Patricia Frost-Brooks in her official capacity as treasurer violated 52 U.S.C. § 30104(b)(4), pursuant to the Commission prosecutorial discretion under Heckler v. Chaney. e. Find reason to believe that Alaina Shearer for Congress and Scott M. Hubay in his official capacity as treasurer violated 52 U.S.C. § 30104(b)(4). f. Find reason to believe that Gem City Rise PAC (f/k/a Friends of Desiree Tims) and Scott M. Hubay in his official capacity as treasurer violated 52 U.S.C. § 30104(b)(4). g. Authorize conciliation prior to a finding of probable cause to believe with Alaina Shearer for Congress and Scott M. Hubay in his official capacity as treasurer, and Gem City Rise PAC (f/k/a Friends of Desiree Tims) and Scott M. Hubay in his official capacity as treasurer. i. Approve the proposed Conciliation Agreements with respect to Alaina Shearer for Congress and Scott M. Hubay in his official capacity as treasurer, and Gem City Rise PAC (f/k/a Friends of Desiree Tims) and Scott M. Hubay in his official capacity as treasurer, as recommended in the First General Counsel’s Report dated January 26, 2022. j. Approve the appropriate letters.
The Commission failed by a vote of 2-4 to: a. Dismiss the allegation pursuant to Heckler v. Chaney. b. Close the file. c. Issue the appropriate letters.