ADR program update

The Commission has successfully resolved nine campaign finance enforcement matters through its Alternative Dispute Resolution (ADR) program. The respondents, the alleged violations of the Federal Election Campaign Act (the Act) and the final disposition of the cases are listed below.

1. The Commission reached an agreement with the Friends of John Conyers and M. Mickey Williams, as treasurer, regarding the failure to disclose receipts properly, deposit receipts in a timely manner and properly disburse funds. The respondents acknowledged inadvertent errors and omissions, but contended that they worked with Audit staff to implement all recommendations and hired an accounting firm to assist with compliance. The respondents agreed to pay a $3,000 civil penalty and to work with Commission staff to terminate the committee. (ADR 339*)
2. The Commission reached an agreement with the Republican State Committee of Delaware and Thomas J. Shopa, as treasurer, regarding the failure to properly disclose all financial activity on their 2004 Post General Report. The respondents amended the Post General Report twice, disclosing an additional $81,584.05 in disbursements. The respondents acknowledged an inadvertent violation and contended that the additional disbursements were the result of data input errors. The respondents agreed to pay a $1,500 civil penalty and send a representative to an FEC-sponsored seminar. (ADR 351*)
3. The Commission reached an agreement with the International Association of Heat & Frost Insulators and Asbestos Workers Political Action Committee and James P. McCourt, as treasurer, regarding the failure to disclose all financial activity on their 2005 Mid-Year Report. An amended Mid-Year Report disclosed additional receipts totaling $90,088.01. The respondents acknowledged an inadvertent violation and agreed to pay a $1,200 civil penalty and designate a compliance specialist to train staff on the Act. (ADR 344*)
4. The Commission reached an agreement with the Indiana Democratic Congressional Victory Committee and Linda Buzinec, as treasurer, regarding the failure to disclose all financial activity on their 2005 September Monthly Report. An amended report filed in December of that year disclosed additional receipts of $65,166.94 and additional disbursements of $61,791.56. The respondents contended that additional receipts and disbursements disclosed in the amended report were the result of a data importing error and an allocation error on the state portion of items paid. The respondents agreed to pay a $1,000 civil penalty and develop a compliance manual to avoid future similar errors. (ADR 342*)5. The Commission reached an agreement with Independent Action, Inc. and Ralph Santora, as treasurer, regarding the failure to disclose all financial activity on their 2005 Year End Report. The respondents filed an amended Year End Report that disclosed an additional $95,197.78 in disbursements. The respondents acknowledged an inadvertent violation of the Act due to problems with their data management vendor. The respondents agreed to attend an FEC seminar and develop a compliance manual for staff. Due to mitigating circumstances pertaining to the respondents' financial hardship, the Commission did not assess a civil penalty. (ADR 345*)
5. The Commission reached an agreement with EMILY'S LIST and Ranny Cooper, as treasurer, regarding the failure to forward a small percentage of its earmarked contributions within 10 days of receipt during 2005. Review of the Committee's 2005 monthly reports revealed the respondents distributed $35,698.44 in deposited earmarked contributions to various campaign committees more than 10 days after receipt. The respondents acknowledged the mistake and agreed take steps to prevent similar future mistakes and to send a representative to an FEC-sponsored seminar. (ADR 352*)
6. The Commission reached an agreement with the Citizens for Altmire and Joanne L. Clarke, as treasurer, regarding the failure to include adequate disclaimers on print communications. The respondents acknowledged the inadvertent omission of adequate disclaimers on billboard advertisements and contended that appropriate disclaimers were added one week after the signs were originally posted. The respondents agreed to designate a communications compliance specialist to review communications prepared by the respondents to ensure compliance with the Act and to send a representative to a FEC-sponsored seminar within 12 months. (ADR 360/MUR 5828)
7. The Commission dismissed allegations against the Braxton County Democratic Executive Committee and Callaghan for Congress. The complaint centered on radio ads placed by the Braxton Committee that advocated the election of Congressional candidate Mike Callaghan (WV/02) and allegedly violated disclaimer, coordination and contribution source provisions of the Act. (ADR 378/MUR5832)
8. The Commission sent a letter of admonishment and dismissed the matter concerning Wynn for Congress's failure to disclose all financial activity on its 2006 July Quarterly Report. (ADR 368*)

* Cases marked with an asterisk were internally generated within the FEC.