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Kelly Huff
Bob Biersack
Ian Stirton
George Smaragdis
COMPLIANCE CASES MADE PUBLIC
WASHINGTON --The Federal Election Commission has recently made public its final action on two matters previously under review (MURs). The Commission dismissed matters related to The Buffalo County Progressives and Sarpy Elephant Club, Inc and its President. This release contains only disposition information.
Excessive contributions; failure to register and report
The complaint alleged that the Buffalo County Progressives made expenditures in excess of $1,000 for advertisements in support of federal candidates in two newspapers, for billboard space advocating the defeat of President Bush, and for mass mailings supporting candidate John Kerry. The Buffalo County Progressives (BCP) responsed that they are a small group of friends formed for the purpose of educating the public about issues. BCP claims that their advertisements did not expressly advocate for a particular candidate, but were for the purpose of informing the public. They stated their total costs did not exceed $1,000, but they did not provide an exact dollar figure.
DOCUMENTS ON PUBLIC RECORD:
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5589R under case number in the Enforcement Query System. They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington.
(a) Sarpy Elephant Club, Inc. (aka Sarpy County Republican Business Association)
(b) Patrick M. Shannon
COMPLAINANT:
John G. Strawn
SUBJECT:
Failure to register and report; disclaimer
The complaint alleged that the Sarpy Elephant Club, Inc. violated the law by distributing a flyer with a disclaimer, which listed the names of federal, state and local candidates, but did not state whether the federal candidates authorized the flyer. The complainant also suggested that the respondents should have registered and reported to the Commission as a political committee. Sarpy Elephant Club, Inc. responded by indicating that it did not spend over $1,000 on the flyer at issue and attached a receipt to its response showing the total amount spend on the flyer at issue was $315. Additionally, the Sarpy Elephant Club, Inc. contended that the flyer in question listed several candidates under the heading of “Conservative Ticket,” for the purpose of providing voter information, which is permissible activity under the law.
DOCUMENTS ON PUBLIC RECORD:
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5658 under case number in the Enforcement Query System. They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington.
The Enforcement Priority System (EPS) rates all incoming cases against objective criteria to determine whether they warrant use of the Commission’s limited resources.
Cases dismissed under EPS fall into two categories: low rated and stale cases. Low rated cases are those that do no warrant use of the Commission’s resources to pursue because of their lower significance relative to other pending matters.