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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 a two matters previously under review
(MURs). This release contains only disposition information.
Oregon – Washington Veteran Action Committee, Inc.
COMPLAINANT:
Gary L. Wilhelms
SUBJECT:
Failure to register and report
DISPOSITION:
Dismiss the matter
The complainant alleged that the materials he received from the Oregon-Washington Veteran Action Committee appeared to be the result of PAC activity. The complainant also found that the committee wasn’t registered with the Federal Election Commission. The Commission decided to exercise its prosecutorial discretion and dismiss the matter. Chairman Thomas and Commissioners Mason, McDonald and Weintraub issued a Statement of Reasons.
DOCUMENTS ON PUBLIC RECORD:
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5519 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.
Use of pre-established objective criteria for selection of candidates for participation in debates
DISPOSITION:
No reason to believe*
The complaint alleged that the third criterion used by the Commission on Presidential Debates, which is that each candidate have the support of at least 15% of the electorate as determined by five national public opinion polling organizations violated election law and the complainant’s constitutional rights. The complainant claimed that the use of polling results to determine which candidates to invite to the debates is “partisan” and a deliberate attempt to exclude those candidates who theoretically could win the election based on their ballot access. The Commission found no reason to believe the Commission on Presidential Debates violated 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 5530 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.
*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.
