Committees fail to file Illinois and Texas pre-primary reports

The Commission cited several campaign committees for failing to file the 12-Day Pre-Primary Election Report required by the Federal Election Campaign Act (the Act) for the Illinois Primary Election that was held on February 2, 2010, and for the Texas Primary Election held on March 2, 2010.

Illinois pre-primary report

As of January 29, 2010, the required disclosure report had not been received from:

• Gutierrez for Congress (IL-4);
• Friends of Darlena Williams Burnett (IL-7); and
• Citizens to Elect Robert Marshall (IL-Senate).

Committees participating in the Illinois primary had the option to file either a consolidated Pre-Primary and Year-End Report or separate reports covering 2009 and 2010 activity. Committees that chose to consolidate the Pre-Primary and Year-End Reports were required to file both by January 21, 2010. Committees that chose to file separate reports were required to file the 12-Day Pre-Primary Election Report by January 21, 2010, and a 2009 Year End Report by January 31, 2010. If sent by certified or registered mail, the Pre-Primary Report should have been certified or registered by January 18, 2010.

The FEC notified committees involved in the February 2 Illinois primary of their potential filing requirements on December 28, 2009. Those committees that did not file on the due date were notified on January 22, 2010, that their reports had not been received and that their names would be published if they did not respond within four business days.

Texas pre-primary report

As of February 26, 2010, the required disclosure report had not been received from:

• Angels for John Gay (TX-14); and
• Doug Purl for Congress (TX-15).

The reports were due on February 18, 2010, and should have included financial activity for the period January 1, 2010, through February 10, 2010. If sent by certified or registered mail, the report should have been postmarked by February 15, 2010.

The FEC notified committees involved in the March 2 Texas Primary of their potential filing requirements on January 25, 2010. Those committees that did not file on the due date were notified on February 19, 2010, that their reports had not been received and that their names would be published if they did not respond within four business days.

Additional information

Some individuals and their committees have no obligation to file reports under federal campaign finance law, even though their names may appear on state ballots. If an individual raises or spends $5,000 or less, he or she is not considered a "candidate" subject to reporting under the Act.

Other political committees that support Senate and House candidates in elections, but are not authorized units of a candidate's campaign, are also required to file quarterly reports, unless they report monthly. Those committee names are not published by the FEC.

Further Commission action against non-filers and late filers is decided on a case-by-case basis. Federal law gives the FEC broad authority to initiate enforcement actions, and the FEC has implemented an Administrative Fine program with provisions for assessing monetary penalties.