FEC Completes Action on Four Enforcement Cases

1.

MUR 5526

RESPONDENTS:

Graf for Congress (AZ/08), Thomas Linn, treasurer

COMPLAINANT:

Toni Hellon

SUBJECT:

Disclaimers

Conciliation Agreement: $2,400 civil penalty

The complainant alleged that Graf for Congress, the authorized committee for Randy Graf’s 2004 Congressional race in Arizona, violated the disclaimer provisions in four separate communications. The Graf committee did not deny that it violated the Act , but stated it had no intention of violating any Commission rules or regulations. The Respondent’s signed a conciliation agreement in which they agreed to pay a $2,400 civil penalty.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5526 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.

2.

MUR 5588

RESPONDENTS:

Arizona Republican Party, Kirk Adams, treasurer

COMPLAINANT:

James E. Pederson, Chairman, Arizona Democratic Party

SUBJECT:

Failure to accurately report an independent expenditure

Conciliation Agreement: $2,300 civil penalty

The complaint alleged that the Arizona Republican Party (“ARP”) funded pre-recorded telephone calls expressly advocating the re-election of President George W. Bush which qualified as either a contribution to or an independent expenditure on behalf of Bush-Cheney ’04. The ARP stated this activity was completely independent, with no coordination with President Bush, any agent for the candidate or the committee. The respondents signed a conciliation agreement in which they paid a $2,300 civil penalty for failing to accurately report independent expenditures.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5588 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.

3.

MUR 5502

RESPONDENTS:

(a)   Martinez for Senate (FL), Charles W. Puckett, treasurer

COMPLAINANT:

Frederick H. Armstrong

SUBJECT:

Excessive contribution

(a)   Took no further action and closed file*

(b)   Took no action*

The complaint alleged that Martinez for Senate, the campaign committee for Mel Martinez’s 2004 Senate race in Florida, coordinated advertising with Bush-Cheney ’04, Inc. through a common media vendor, The Stevens and Schriefer Group, for making excessive in-kind contributions to the Bush Committee.  Martinez for Senate contended that Stevens-Schriefer was not a common vendor because the “campaign erected a wall around” Stevens-Schriefer “and retained a separate media vendor, Red October Productions, to handle any communications mentioning the President.” The Commission ultimately found no reason to believe the Martinez committee violated the law  because neither Stevens-Schriefer nor Red October used or conveyed to the Martinez campaign information pertaining to the plans, projects, activities or needs of the Bush campaign that was material to the creation, production, or distribution of the Martinez advertisements. The Commission took no action with respect to the Bush-Cheney ’04 committee.

DOCUMENTS ON PUBLIC RECORD:

Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5502 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.

Dismiss the case

The complainant alleged that the committee failed to file an October 2005 quarterly report listing outstanding debts, filed a termination report that covered numerous reporting periods, and failed to amend their Statement of Organization when they changed treasurers. The Commission decided to exercise its prosecutorial discretion and dismiss the case because the committee is eligible for administrative termination due to lack of activity and based on the Commission’s priorities and resources relative to other matters pending before the Commission.

*The Enforcement Priority System (EPS) rates all incoming cases against objective criteria to determine whether they warrant use of the Commission’s limited resources.

Documents from this matter are available from theCommission’s web site at http://www.fec.gov by entering 5686R under case numbers in the Enforcement Query System. They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington.

1. Receipt of proper complaint

3. “Probable cause” stage

2. “Reason to believe” stage

4. Conciliation stage