FEC Completes Action on Six Enforcement Cases

FEC Completes Action on Six Enforcement Cases

WASHINGTON – The Federal Election Commission (FEC/ the Commission) will take no further action in six Matters Under Review (MURs) related to the so-called “Millionaires’ Amendment” provisions of the Federal Election Campaign Act. Under the “Millionaires’ Amendment,” when a candidate’s personal expenditures exceeded certain thresholds, that candidate’s opponent(s) became eligible to receive contributions from individuals at an increased limit and could benefit from increased coordinated party expenditures. On June 26, 2008, the Supreme Court ruled in Davis v. FEC those provisions, along with some additional reporting requirements, were unconstitutional.

As a result of the Supreme Court decision, the following MURs related to reporting requirements under the “Millionaires’ Amendment” have been closed and the related complaints dismissed:

• MUR 5726 - Jack Davis for Congress (NY/26);
• MUR 5785 - James E. Pederson and Pedersen 2006 (AZ/Senate);
• MUR 5956 - Yarmuth for Congress (KY/3);
• MUR 5978 - Kirk for Congress Committee (IL/10);
• MUR 5979 - James Oberweis, and Oberweis for Congress (IL/14); and
• MUR 5994 - Chris Hackett for Congress (PA/10).

The Commission will not require that candidates who received increased contributions in accordance with the Amendment before June 26, 2008, return those funds so long as the funds are properly expended in connection with the election for which they were raised.Similarly, the Commission will not request that political parties or individual contributors that made increased coordinated expenditures before June 26 consistent with the Amendment take any remedial action.

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

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