Week of July 24 – July 28, 2017

Commission meetings and hearings

No Commission open meetings or executive sessions were scheduled this week.

Advisory opinions

Request received

Advisory Opinion Request 2017-08 (Point Bridge Capital (PBC))

On July 25, the Commission made public Advisory Opinion Request 2017-08 (Point Bridge Capital). The requestor asks a number of questions about its proposal to establish an index of publicly traded securities and an exchange traded fund based on aggregated data on contributions by companies’ separate segregated funds and employees. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than August 4).

Enforcement

The Commission made public three closed cases, as follows. For more information, see the case documents in the Enforcement Query System.

MURs 6962 and 6982

• COMPLAINANTS: The Committee to Defend the President; American Democracy Legal Fund; and Brad Woodhouse
  
• RESPONDENTS: Hillary for America and Jose Villarreal, in his official capacity as treasurer (the Committee); Hillary Rodham Clinton; Molly Barker; Project Veritas; Project Veritas Action Fund (PVA); James O’Keefe; Laura Loomer; and Unknown Respondent
  
• SUBJECT: The complaint in MUR 6962 alleged that Clinton, the Committee and Barker solicited and received a contribution from a foreign national through a conduit donor. The complaint in MUR 6982 alleged that PVA and O’Keefe assisted in the making of a contribution from a foreign national and acted as a conduit for the foreign national contribution to the Committee.
  
• DISPOSITION: The Commission found no reason to believe Clinton or O’Keefe violated the Federal Election Campaign Act of 1971, as amended (the Act), because the available information does not suggest either was in any way involved with or aware of the transaction at issue. The Commission also found no reason to believe Project Veritas violated the Act, based on its representations that is was not the proper respondent in this matter and a full review of the available information. The Commission exercised its prosecutorial discretion in connection with the remaining respondents. The Commission observed that the potential amount in violation was very small.
  

MUR 7077

• COMPLAINANT: Samuel Fisher
  
• RESPONDENTS: Allen Ellison; Ellison for Congress Campaign Committee and Allen Ellison, in his official capacity as treasurer (2016 Committee); and Allen Ellison for Congress Campaign and Allen Ellison, in his official capacity as treasurer (2014 Committee)
  
• SUBJECT: The complaint alleged that the 2014 and 2016 Committees failed to file reports and to report specific contributions and expenditures: a $10,440 ballot access fee for the 2014 election cycle; a $100 in-kind contribution in the form of two free tickets to a 2016 fundraiser; unquantified costs associated with campaign literature and the 2016 Committee’s website; and two small individual contributions during the 2016 cycle. Ellison was a 2014 and 2016 candidate for Florida’s 17^th Congressional District.
  
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in connection with the 2014 Committee in consideration of Commission priorities. The Commission observed that the total amount of activity at issue was relatively low and that Ellison ultimately did not get on the ballot in 2014. The Commission also dismissed the allegation that the 2016 Committee did not properly report all contributions and expenditures. The Commission observed that the de minimis value of any purported in-kind contribution did not justify expending resources to determine the facts. The Commission found no reason to believe the 2016 Committee failed to report certain contributions and expenditures because (1) Ellison personally designed and created his campaign’s website and campaign literature, (2) the Committee disclosed all reportable contributions and expenditures associated with the website and campaign literature, and (3) there was no information indicating that either of the two small individual contributions was required to be itemized.
  

Administrative fines

The Commission made public 39 campaign finance enforcement matters that were resolved through its Administrative Fines (AF) program, as follows. For more information, see the case documents in the Enforcement Query System.

AF 3226

 Bruce Davis for U.S. Congress and Glenda Clark, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $897.

AF 3227

Christopher Peters for Congress and Jack Young, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $3,424.

AF 3228

Dan Cox for Congress and Daniel Razvi, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $871.

AF 3229

Friends of Matt Detch and Michael Beale, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $643.

AF 3230 

 Khary for Congress and Susan Hotz, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $643.

AF 3231 

Pellerin for U.S. Senate, LLC and Jennifer May, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $643.

AF 3232 

Specht for Congress and Hudson Sauls, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $643.

AF 3253 

America Comes First PAC and David W. Schamens, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $101.

AF 3254 

Article 1 Political Action Committee and Rick Galena, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $823.

AF 3255 

Believe in Life Liberty Yourself (BILLY PAC) and Jered Taylor, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $392.

AF 3256 

Brady Victory Fund and Michael J. Karlins, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $2,360.

AF 3257 

Citizens Super PAC For America and Siddiq Mumin, in his official capacity as treasurer. The Commission made a final determination and assessed no civil money penalty.

AF 3258 

Communication Workers of America Local 13000 and Marisa MacCrory, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $307.

AF 3259 

Connell Foley PAC, a New Jersey Non-Profit Corporation and John P. Lacey, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $326.

AF 3260 

DC Republican Party Federal Account and Roderick Johnson, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $326.

AF 3261 

Farmers’ Rice Cooperative Fund and Bill Tanimoto, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $113.

AF 3262

Floridians for a Good Economy and Eric W. Robinson, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $326.

AF 3263 

Fresno County Democratic Women’s Club/Democrats in Action and Sharlyn Woody, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $654.

AF 3264 

Frozen Food Political Action Committee and Brandon Partridge, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $110.

AF 3265 

Get Our Jobs Back, Inc. and Steven Hoffenberg, in his official capacity as treasurer. The Commission made a final determination and assessed no civil money penalty.

AF 3266 

Government Is Not God and Nancy Murray, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $131.

AF 3267 

Great Lakes Super Political Action Committee and Dwight Washington, in his official capacity as treasurer. The Commission made a final determination and assessed no civil money penalty.

AF 3268 

Illinois Families First and D. Paul Caprio, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $300.

AF 3270 

Mason Contractors Association of America Political Action Committee – MACPAC and Jeff Buczkiewicz, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $195.

AF 3271 

McCaskill Senate Fund and Michelle Sherod, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $201.

AF 3272 

 Mechanical Contractors Association of America Political Action Committee (MCA-PAC) and John P. McNerney, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $291.

AF 3273 

 Michigan Doctors Political Action Committee – Michigan State Medical Society and Scot F. Goldberg, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $392.

AF 3274 

Millennials Rising PAC and Michelle Goodwin, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $185.

AF 3275 

National Cannabis Industry Association PAC and Michael J. Correia, in his official capacity as treasurer. The Commission made a final determination to assess a civil penalty of $654.

AF 3276 

National Right to Life Political Action Committee and Wayne Cockfield, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $4,995.

AF 3277 

 National Right to Life Victory Fund and Wayne Cockfield, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $6,797.

AF 3278 

Peninsula Democratic Coalition and Zachery Ross, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $326.

AF 3279 

Phyllis Schlafly Eagle Forum PAC and John Schlafly, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $326.

AF 3280 

Rights & Democracy Project and Maria Fitzsimmons, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $4,862.

AF 3281 

Run Ray Run and Gianni Donates, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,176.

AF 3282 

Russ Victory Fund and John W. Miller, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $14,425.

AF 3283 

Swing States for a Conservative White House PAC Inc. and the Office of Treasurer. The Commission made a final determination and assessed a civil penalty of $1,176.

AF 3284 

The Democratic Coalition and Francesca N. Lucia, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $654.

AF 3285 

Turkish American Heritage Political Action Committee – TurkishPAC and Tekin Kunt, in his official as treasurer. The Commission made a final determination and assessed a civil penalty of $211.

Litigation

• CREW, et al. v. FEC (Case 17-5049). On July 27, the Commission filed a Brief in the United States Court of Appeals for the District of Columbia Circuit.
  
• Level the Playing Field, et al. v. FEC (Case 1:15-cv-01397-TSC). On July 25, the Commission filed its Motion to Dismiss in the District Court for the District of Columbia.
  

Join the FEC on Twitter and YouTube

Follow @FEC on Twitter to receive the latest information on agency updates, news releases, and weekly activity. Subscribe to our YouTube channel, FECTube: FECConnect on Demand, to watch instructional videos that have been designed to help candidates and committees comply with federal campaign finance laws. Note that the FEC is not currently available through other social media platforms at this time. The use of the agency’s logo, name, and likeness on other mediums has not been authorized by the FEC.

Upcoming educational programs

• August 2: Candidate 101 Webinar: Getting Started. Additional information is available on the Educational Outreach page of the Commission website.
  
• August 30-31: Chicago Regional Conference for candidates, parties and separate segregated funds. Additional information is available on the Educational Outreach page of the Commission website.
  

Upcoming reporting due dates

July 31: Mid-Year reports are due. For more information on semiannual reporting dates, refer to the 2017 Semiannual Reporting page of the Commission website.

Additional research materials

The Official 2016 Presidential General Election Results are available in the Library section of the website. This listing was compiled from the official vote totals published by state election offices.

Additional research materials about the agency, campaign finance information, and election results are available through the Library section of the Commission website.

The 2017 edition of the Combined Federal State Disclosure and Election Directory is available on the new Commission website. This publication identifies the federal and state agencies responsible for the disclosure of campaign finances, lobbying, personal finances, public financing, candidates on the ballot, election results, spending on state initiatives and other financial filings.

The FEC Record is available as a continuously-updated online news source.

The 2017 edition of Title 11 of the Code of Federal Regulations can be downloaded from the website. To order printed copies, call (800) 424-9530 (press 6) or send an email to info@fec.gov.