Week of April 12 - April 16, 2010

Weekly Digest

Week of April 12 – 16

COMMISSION MEETINGS

On April 13, the Commission held an Executive Session. Sunshine Act Notices for Executive Sessions are here.

On April 15, the Commission held an Open Session. Agendas and related documents for Open Meetings are here. Audio recordings of meetings, hearings and presentations are here.

ADVISORY OPINIONS

Request Received

AOR 2010-07 (Yes on FAIR). Yes on FAIR, a California state ballot measure committee, asks whether and how Members of Congress may solicit donations to it (i) during the period before the measure qualifies for the November 2010 general election ballot, and (ii) during the post-qualification period leading up to the date of the general election.  The Commission must issue a response no later than 60 days after receipt of the complete request, that is, by June 14, 2010.  Advisory Opinions and Requests are available here.

ENFORCEMENT

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

MUR 6208 – Laborers’ International Union of North America; National Postal Mail Handlers Union (NPMHU)-Division of Laborers’ International Union of North America; and National Postal Mail Handlers Union Political Action Committee-Division of Laborers’ International Union of North America and Armand E. Sabitoni, in his official capacity as treasurer. The Commission exercised its prosecutorial discretion and dismissed the case.

MUR 6229 – Patrick Hughes for US Senate and Bryan J. Freel, in his official capacity as treasurer. The Commission exercised its prosecutorial discretion and dismissed the case.

MUR 6237 – Stouffer for Congress and Larry Rohrbach, in his official capacity as treasurer; Missouri State Senator Bill Strouffer; State of Missouri; Aaron Baker; Heidi Kolkmeyer; and Reece & Nichols Gaslight Real Estate. The Commission exercised its prosecutorial discretion and dismissed the case.

ALTERNATIVE DISPUTE RESOLUTION

The Commission made public one campaign finance enforcement matter that was resolved through its Alternative Dispute Resolution (ADR) program. For more information, see the case documents in the Enforcement Query System.

ADR 529  – New Hampshire Democratic Party and David Pierce as Treasurer. The respondents agreed to implement compliance measures, send a representative to an FEC conference and pay a civil penalty of $2,000.

LITIGATION

Cao v. FEC. On April 12, the Commission filed its opening Brief in the United States Court of Appeals for the Fifth Circuit. Plaintiffs have challenged the constitutionality of coordinated expenditure limits, both under the party expenditure provision in 2 U.S.C. 441a(d) and the $5,000 limit on party contributions to candidates in 2 U.S.C. 441a(a)(2)(A).

Unity08 v. FEC. On April 13, the Commission determined that it will not seek rehearing en banc in Unity08 v. FEC.  On March 2, the United States Court of Appeals for the District of Columbia Circuit issued an opinion reversing a District Court opinion and ruled in favor of Unity08, holding that it is not subject to regulation as a political committee.

FEC v. Novacek. On April 15, the United States District Court for the Northern District of Texas issued a Final Judgment and an Opinion and Order in FEC v. Novacek. The Court declared that the defendants knowingly and willfully violated the Federal Election Campaign Act of 1971, as amended (the Act), for fraudulent misrepresentation, permanently enjoined the defendants from future violations of the Act and ordered them to pay a civil penalty of $47,414.15. The Court also granted the Commission''''s motion for summary judgment regarding defendant Jody L. Novacek''''s violations of the Act''''s disclaimer requirements.

RULEMAKING AND AGENCY PROCEDURES

On April 13, the Commission received four comments on drafts of a Volunteer Materials Exemption Policy.

OUTREACH

On April 12, Vice Chair Cynthia L. Bauerly met with Dr. Santiago Corcuera, President of the National Electoral Court of Argentina.

CAMPAIGN FINANCE REPORTS

April 12 – Indiana Libertarian Party Pre-Convention Reports were due.  For information on reporting dates for this convention, click here.

April 12 – Kansas Libertarian Party Pre-Convention Reports were due.  For information on reporting dates for this convention, click here.

April 12, the Commission posted the updated 2010 Congressional Primary Dates and Candidate Filing Deadlines for Ballot Access. 

April 15 – April quarterly reports were due.  For information on reporting dates, click here.

PRESS RELEASES

FEC Discusses 2010 Rulemaking Schedule (issued April 15)

UPCOMING REPORTING DUE DATES

April 20:  April monthly reports are due.

UPCOMING EVENTS

May 3-4, Washington, D.C., Conference for House and Senate Campaigns and Political Party Committees.  The conference registration information and agenda are here.

June 8-9, Arlington, VA.  Regional Conference for Trade Associations, Membership Organizations, and Labor Organizations and their Political Action Committees. The conference registration information and agenda are here.

OTHER RESOURCES

The April issue of The Record is here. Sign up here to receive email notification when a new issue of the Record is posted.

The March supplements to the FEC’s Campaign Guides are here.