ADR program update (September 2005)

The Commission recently resolved ten additional cases under the 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 agreement with Jose L. Rivera regarding a campaign contribution from a foreign national. Mr. Rivera acknowledged that he may have misspoken when encouraging listeners to become active in the political process and to vote. He agreed to consult information available from the Commission regarding citizen and foreign national activity, and he will host at least one radio program in which he will provide information on the campaign finance law and the political process to his Spanish language speaking audience. The additional respondents named in this case, Cannon for Congress, its treasurer Curtis S. Bramble, Christopher Cannon and Marco Diaz, acknowledged that the host of a Spanish language radio program may have misspoken in encouraging listeners to become active in the political process. They agreed to have Mr. Bramble and Mr. Diaz attend an FEC seminar within 12 months of the effective date of this agreement. (ADR 207/MUR 5464)
2. The Commission closed the case involving Van Hollen for Congress and Jennifer L. Smith, its treasurer, regarding the committee's alleged use of congressional staff and resources for campaign activity. The ADR Office recommended that the case be closed, and the Commission agreed and closed the file. (ADR 229/MUR 5477)
3. The Commission closed the case involving Von's Grocery Company regarding an alleged violation of the Act's prohibition on corporate contributions. The ADR Office recommended that the case be closed, and the Commission agreed and closed the file. (ADR 233/MUR 5503)
4. The Commission reached agreement with the Nebraska Republican Party Federal Campaign Committee and its treasurer, Demarus Carlson, regarding their failure to disclose all of the Committee's financial activity on its 2003 Mid-Year Report. The respondents acknowledged reporting errors and agreed to pay a $10,000 civil penalty. In order to avoid similar errors in the future, the respondents agreed to send a minimum of four officers and/or staff to an FEC seminar on federal election campaign reporting requirements within 12 months of the effective date of this agreement. The respondents will also maintain a resource center in the committee's office to guide the committee in complying with the Act's requirements and amend internal procedures to provide for additional review of the committee’s reports prior to submittal to the Commission. (ADR 226*)
5. The Commission closed the case involving Your Art Here, Inc. and Owen Mundy, its treasurer, regarding an alleged violation of the Commission’s disclaimer requirements. The ADR Office recommended that the case be closed, and the Commission agreed and closed the file. (ADR 250/MUR 5574)
6. The Commission closed the case involving the Republican National Committee and Michael L. Retzer, its treasurer, regarding an alleged contribution in the name of another. The ADR Office recommended that the case be closed, and the Commission agreed and closed the file. (ADR 259/MUR 5602)
7. The Commission reached agreement with the Tennessee Republican Party Federal Election Account and Joe Arnold, its treasurer, regarding accepting excessive and prohibited contributions and depositing nonfederal funds in a federal account. The respondents acknowledged receiving and depositing excessive contributions. In order to conclude this matter and avoid similar problems in the future, the respondents agreed to pay a $30,000 civil penalty and to prepare and maintain a procedural manual to provide guidance to the committee’s staff in complying with Act. They also agreed to forward to the Commission copies of paid cancelled checks of refunded contributions, to disgorge to the U.S. Treasury any contributions not refunded to contributors and to send a minimum of two staff members to an FEC seminar on federal election campaign reporting requirements within 18 months of the effective date of this agreement. (ADR 224*)
8. The Commission closed the case involving The Tides Foundation, Senator John Kerry, Teresa Heinz Kerry, George Soros, Democratic Justice Fund, Miramax Films and Michael Moore/CRM Management regarding matters that were not within FEC jurisdiction. The ADR Office recommended that the case be closed, and the Commission agreed and closed the file. (ADR 232/MUR 5501)
9. The Commission closed the case involving Friends of Bill Nojay and Eileen Semmler, its treasurer, regarding an alleged failure to file an accurate Statement of Candidacy and alleged failure to accurately report contributions. The ADR Office recommended that the case be closed, and the Commission agreed and closed the file. (ADR 234/MUR 5484)
10. The Commission closed the case involving Jeff Fortenberry for U.S. Congress and Keith May, its treasurer, and the Nebraska Republican Party and Chris Peterson, its Executive Director, regarding an alleged violation of the Commission’s disclaimer requirements and failure to report operating expenditures and in-kind contributions. The ADR Office recommended that the case be closed, and the Commission agreed and closed the file after sending an admonishment letter. (ADR 248/MUR 5528)

*This case was internally generated within the Commission.