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Federal Election Commission | United States of America

FEC v. West Virginia Republican State Executive Committee

Summary

Background

On January 18, 1991, the U.S. District Court for the Southern District of West Virginia entered a judgment that was agreed to by the FEC and the defendant committee. (Civil Action No. 2:90-0898.) The parties agreed to the following points:

  • In conducting a phone bank voter drive on behalf of the Presidential ticket-an exempt party activity-the committee also mentioned the names of House and Senate candidates but failed to report any part of the phone bank expenditures as contributions allocated to the House and Senate candidates, in violation of 2 U.S.C. §434(b).
  • The committee incorrectly reported as "operating expenditures" certain disbursements for newspaper advertisements that advocated the defeat of a federal candidate, a second violation of 2 U.S.C. §434(b).
  • The committee used its nonfederal account to make the phone bank and newspaper ad expenditures described above, a violation of 11 CFR 102.5(a).
  • The committee failed to itemize certain contributions and transfers it received and failed to disclose year-to-date totals, a third violation of 2 U.S.C. §434(b).

Decision

The court issued a consent order imposing a $2,000 civil penalty against the committee and permanently enjoining it from future similar violations.

Source:   FEC Record — March 1991, p. 10.

This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.