1. |
MUR 5024 |
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RESPONDENT: |
(a) Council for Responsible Government,
Inc., and its Accountability Project (b) Gary Glenn
(c) William "Bill" Wilson |
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COMPLAINANTS: |
Kean for Congress |
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SUBJECT: |
Corporate expenditures; failure to register
and report; disclaimers |
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DISPOSITION: |
(a) Failed by a vote of 3-3 to find reason
to believe [re: corporate expenditures, failure to register and report,
disclaimers] (b-c) Failed by a vote of 3-3 to find reason to believe
[re: corporate expenditures]
The Commission failed by a vote of 3-3 to find reason to believe that
the respondents violated the Act and then voted 6-0 to close the file.
Chair Weintraub and Commissioners Thomas and McDonald explained in
their statement of reasons that, after reviewing the applicable case
law, including Buckley and MCFL, the Commission''''s regulations, the text
of the advertisements and the circumstances surrounding their broadcast,
the communications contained express advocacy and were expenditures.
Vice Chairman Smith and Commissioners Mason and Toner noted in their
statement of reasons that the language of the brochures failed the
express advocacy standard under all major cases, including Buckley and
MCFL, except possibly Furgatch, and that even under Furgatch, the call
to action was too tenuous to support an express advocacy finding. |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available
from the Commission’s web site at
fec.gov by entering 5024 under case
number. They are also available in the FEC''''s Public Records Office at
999 E St. NW in Washington. |
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2. |
MUR 5146 |
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RESPONDENTS: |
(a) Michigan Democratic State Central
Committee, Alan Helmkamp, treasurer (b) Gore/Lieberman, Inc., Jose
Villarreal, treasurer
(c) Zouher Abdel-Hak
(d) Ismael Ahmed
(e) Terry Ahwal
(f) Ronald Amen
(g) Maya Berry
(h) Ahmad Chebbani
(i) Ali Dagher
(j) Dennis Denna
(k) Raleef El-Hajj
(l) Gabriel Fakhouri
(m) Michael Farrah
(n) David Ferris
(o) Joseph Ganim
(p) William George
(q) Mark Haider
(r) Alex Issac
(s) Teresa Isaac
(t) Sally Shaheen Joseph
(u) Ted Mansour
(v) Samir Mashni
(w) Imam Mohammad Mardini
(x) John Nickola
(y) Mary Rose Oakar
(z) Mohamad Okdie
(aa) Nick Rahall
(bb) William Shaheen
(cc) Donna E. Shalala
(dd) James Stokes
(ee) William Swar
(ff) Stephen Yokich
(gg) Nabeel Yousif
(hh) Dr. James J. Zogby |
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COMPLAINANT: |
Michigan Republican State Committee |
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SUBJECT: |
Disclaimers; reporting independent
expenditures; Presidential Election Campaign Fund Act; corporate/labor
contributions |
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DISPOSITION: |
(a) Reason to believe [re: disclaimers,
failure to report independent expenditures] (a) No reason to believe
[re: Presidential Election Campaign Fund Act]
(a) Take no action [re: corporate/labor contributions]
(b-hh) No reason to believe [re: any provision]
The Commission failed by a vote of 2-4 to conduct discovery and then
voted 6-0 to take no further action relative to the reason to believe
determinations.
The Michigan Democratic State Central Committee was alleged to have
violated the Act by failing to include a disclaimer on a newspaper
advertisement that allegedly expressly advocated the election of Al
Gore.
Chair Weintraub and Commissioners Thomas and McDonald noted in their
statement of reasons that they agreed with the General Counsel''''s
conclusion that the newspaper advertisement contained express advocacy.
However, having just seen the Commission fail by 3-3 votes to pursue
examples of express advocacy in MURs 5024 and 5154, they believed it
would be unfair to single out the Michigan State Central Committee. |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available
from the Commission’s web site at ffec.gov by entering 5146 under case
number. They are also available in the FEC''''s Public Records Office at
999 E St. NW in Washington. |
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3. |
MUR 5154 |
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RESPONDENTS: |
Sierra Club, Inc. |
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COMPLAINANT: |
George Lippencott |
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SUBJECT: |
Corporate Expenditure |
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DISPOSITION: |
Failed by a vote of 3-3 to find reason to
believe [re: corporate expenditures] The Commission failed by a vote
of 3-3 to find reason to believe that the Sierra Club, Inc. violated the
Act when they published a voter guide that allegedly contained express
advocacy. The Commission then voted 6-0 to dismiss this matter.
Vice Chairman Smith and Commissioners Mason and Toner noted in their
Statement of Reasons that, while the Sierra Club''''s guide contained a
message that the environment was an important issue, it did not contain
express advocacy as articulated in case law and the Commission''''s
regulations.
Chair Weintraub and Commissioners McDonald and Thomas stated in their
Statement of Reasons that the voter guide contained express advocacy as
defined by the Supreme Court in MCFL. |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available
from the Commission’s web site at
fec.gov by entering 5154 under case
number. They are also available in the FEC''''s Public Records Office at
999 E St. NW in Washington. |
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4. |
MUR 5296 |
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RESPONDENTS: |
(a) Fletcher for Congress, Ronald Switzer,
treasurer (b) Honorable Ernie Fletcher |
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COMPLAINANT: |
Gatewood Galbraith |
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SUBJECT: |
Disclaimers |
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DISPOSITION: |
(a-b) No reason to believe [re: any
provision of the Act] Congressman Ernie Fletcher''''s newsletter, Summer
Update 2002, had been inserted into a newspaper but did not contain a
disclaimer stating who paid for it. Congressman Fletcher responded by
submitting a letter he had received from the House Commission on
Congressional Mailing Standards that indicated that the mailing was in
accordance with franking laws and that the newsletter was "frankable." |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available
from the Commission’s web site at
fec.gov by entering 5296 under case
number. They are also available in the FEC''''s Public Records Office at
999 E St. NW in Washington. |
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5. |
MUR 5344 |
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RESPONDENTS: |
(a) Brabender Cox Mihalke Political, Inc.
(b) Santorum 2000, Judith M. McVerry, treasurer |
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COMPLAINANT: |
Internal |
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SUBJECT: |
Use of nonfederal funds to pay for
contributions, excessive contributions, reporting contributions,
disclaimers |
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DISPOSITION: |
(a) Conciliation Agreement: $30,000 civil
penalty Brabender Cox Mihalke Political, Inc., violated the Act by
making a $197,000 corporate in-kind contribution in the form of
television ads. Santorum 2000 had instructed Brabender Cox Mihalke
Political, Inc. not to run these ads. Santorum 2000''''s instructions were
not carried out. Additionally, Brabender Cox Mihalke Political, Inc.
failed to include the proper disclaimer.
(b) Take no further action |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available
from the Commission’s web site at
fec.gov by entering 5344 under case
number. They are also available in the FEC''''s Public Records Office at
999 E St. NW in Washington. |
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6. |
MUR 5394 |
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RESPONDENTS: |
(a) Philadelphia 2000, Karen Dougherty
Buchholz, treasurer (b) Access Industries, Inc.
(c) Florida Crystals, Inc.
(d) Flo-Sun, Inc
(e) QTV, Inc.
(f) Voter.com |
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COMPLAINANT: |
Internal |
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SUBJECT: |
Acceptance of corporate contributions;
settling debts for less than the committee owed |
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DISPOSITION: |
(a) Reason to believe but take no further
action [re: acceptance of prohibited corporate contributions totaling
$85,000 from Access Industries and Voter.com] (b) Reason to believe
but take no further action [re: making prohibited corporate
contributions totaling $25,000 to Philadelphia 2000]
(f) Reason to believe but take no further action [re: making
prohibited corporate contributions totaling $60,000 to Philadelphia
2000]
(a) Reason to believe but take no further action [re: acceptance of
prohibited corporate contributions totaling $50,000 from Florida
Crystals, Inc. and Flo-Sun, Inc.]
(c) Reason to believe but take no further action [re: making
prohibited corporate contributions totaling $25,000 to Philadelphia
2000]
(d) Reason to believe but take no further action [re: making
prohibited corporate contributions totaling $25,000 to Philadelphia
2000]
(a) Reason to believe but take no further action [re: acceptance of
prohibited corporate contributions totaling $65,000 from QTV, Inc.]
(e) Reason to believe but take no further action [re: making
prohibited corporate contributions totaling $65,000 to Philadelphia
2000]
The Commission found reason to believe that Philadelphia 2000, host
committee for the Republican Party''''s national nominating convention,
received donations from the above referenced corporations, which were
not located in the Philadelphia metropolitan area. However, in light of
the fact that the Commission''''s new regulations governing host committees
no longer contain a local presence requirement for donations, the
Commission took no further action. |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available
from the Commission’s web site at
fec.gov by entering 5394 under case
number. They are also available in the FEC''''s Public Records Office at
999 E St. NW in Washington. |