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WASHINGTON -- The Federal Election Commission has recently made public its
final action on two matters previously under review (MURs). This release
contains only disposition information. Specific released documents placed
on the public record within the following closed MURs are cited following
DISPOSITION heading. Release of these documents is consistent with the
district court opinion in the December 19, 2001, decision of AFL-CIO v. FEC.
| 1. |
MUR 5272 |
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RESPONDENT: |
American Israel Public Affairs
Committee (AIPAC) |
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COMPLAINANTS: |
James E. Akins, et al. |
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SUBJECT: |
Failure to report the costs of
membership communications |
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DISPOSITION: |
Based upon a review the
information available, the Commission noted that there did not appear to
be sufficient basis to find reason to believe that AIPAC''''s
communications, as a general matter, triggered the reporting
requirements of the Act because they did not contain express advocacy.
Additionally, the Commission stated, further investigation into AIPAC''''s
activities based upon the information presented would not be an
appropriate use of the Commission''''s limited resources. Accordingly, the
FEC exercised its prosecutorial discretion and dismissed this matter.*
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DOCUMENTS ON
PUBLIC RECORD: |
Certification of vote by
Commissioners (dated September 30, 2003); Statement of Reasons (Chair
Weintraub, Vice Chairman Smith and Commissioners Mason, McDonald, Thomas
and Toner) |
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| 2. |
MUR 5345 |
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RESPONDENTS: |
Brady Campaign to Prevent Gun
Violence � Voter Education Fund, Mark Ingram, treasurer |
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COMPLAINANT: |
Internal |
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SUBJECT: |
Failure to file timely 24-Hour
Notices for independent expenditures |
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DISPOSITION: |
Conciliation Agreement:
$26,000 civil penalty* The Committee made independent expenditures
totaling $211,509 opposing candidates in Kentucky and Pennsylvania.
Respondents violated the Act by failing to file timely two 24-Hour
Notices for these independent expenditures. Respondents will cease and
desist from violating this provision of the Act. |
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DOCUMENTS ON
PUBLIC RECORD: |
Conciliation Agreement (dated
October 10, 2003); Certification of vote by Commissioners (dated October
17, 2003). |
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*There are four administrative stages to the FEC enforcement process:
| 1. Receipt of proper complaint |
3. "Probable cause" stage |
| 2. "Reason to believe" stage |
4. Conciliation stage |
It requires the votes of at least four of the six Commissioners to take
any action. The FEC can close a case at any point after reviewing a
complaint. If a violation is found and conciliation cannot be reached, then
the FEC can institute a civil court action against a respondent.
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