Week of April 19 - April 23, 2010

Weekly Digest

Week of April 19 - April 23, 2010

COMMISSION MEETINGS

The Commission did not hold an Executive Session or Open Meeting this week. Sunshine Act Notices for Executive Sessions are here. Agendas and related documents for Open Meetings are here. Audio recordings for selected meetings, hearings and presentations are here.

ADVISORY OPINIONS

Supplement Received

AOR 2010-06 (Famos LLC). On April 21, the Commission made public a Supplement to Advisory Opinion Request 2010-06. The requester seeks to operate an affinity-type account program and market its web-based technology platform to political committees, including authorized committees, nonconnected committees, and party committees. The Commission must issue a response no later than 60 days after receipt of the complete request, that is, by June 1, 2010.

Comment Received

AOR 2010-04 (Wawa, Inc.). On April 22, the Commission received a comment on AOR 2010-04. In AOR 2010-04, the requester asks for clarification of which persons fall within the restricted class of persons who may be solicited at any time by a Separate Segregated Fund.The Commission must issue a response no later than 60 days after receipt of the complete request, that is, by May 9, 2010.

Advisory Opinions, Requests, Comments and Extensions are available here.

ENFORCEMENT

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

MUR 5625 – Aristotle International Inc. The Commission closed the file.

MUR 6210 – Tom White; Tom White for Congress and Thomas J. Monteith, in his capacity as treasurer. The Commission found no reason to believe the Respondents violated the Act.

MUR 6212 – Lewis M. Oliver, III, Chairman of Orange County Republican Executive Committee; Orange County Republican Executive Committee and Ronald Bass, in his official capacity as treasurer; and Hillsborough County Republican Executive Committee and Paul M. Phillips, in his official capacity as treasurer. The Commission found no reason to believe the Respondents violated the Act.

MUR 6226 – John Garamendi; Garamendi for Congress and Betty Ann Downing, in her official capacity as treasurer. The Commission dismissed the case.

ALTERNATIVE DISPUTE RESOLUTION

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

ADR 482  – Maryland Republican State Central Committee and Robert Christopher Rosenthal as Treasurer. The respondents agreed to implement compliance measures, send a representative to an FEC conference and pay a civil penalty of $1,000.

ADR 498  – Zinga for Congress and Charles McClurg as Treasurer. The respondents agreed to provide confirmation of refunded or disgorged excessive contributions and pay a civil penalty of $1,200.

ADR 514  – Doug Heckman for Congress and Jennifer C. Pinson-Harvey as Treasurer. The respondents agreed to implement compliance measures, send a representative to an FEC conference and pay a civil penalty of $1,000.

ADR 517  – Democratic State Committee (Delaware) and Helene Keeley as Treasurer. The respondents agreed to implement compliance measures, send a representative to an FEC conference and pay a civil penalty of $2,000.

ADR 519  – Tedisco for Congress and John J. Mazzone as Treasurer. The respondents agreed to work with Commission staff to terminate the Committee and pay a civil penalty of $1,000.

ADR 522  – Houston Fire Fighters Political Action Fund, International Association of Fire Fighters and Jeffery Caynon as Treasurer. The respondents agreed to implement compliance measures, send a representative to an FEC conference and pay a civil penalty of $4,000.

ADR 525  – Vermont Democratic Party and Edward Clark as Treasurer. The respondents agreed to implement compliance measures, send a representative to an FEC conference and pay a civil penalty of $2,500.

ADR 527  – Houston Fire Fighters Political Action Fund, International Association of Fire Fighters and Jeffrey Caynon as Treasurer. The respondents agreed to implement compliance measures, send a representative to an FEC conference and pay a civil penalty of $4,000.

AUDIT REPORTS

The Commission made public one Audit Report. A summary of the findings is below. Final Audit Reports are available here.

2008 Democratic National Convention Committee, Inc. On April 20, the Commission posted the Audit Report on the 2008 Democratic National Convention Committee, Inc. (DNCC). The DNCC received $16,820,760 in public funds to finance the Democratic National Convention. The mandatory audit found that the DNCC had funds remaining after paying all convention expenses. Under federal law, any amount of unspent public funds must be returned to the Secretary of the Treasury. Therefore, the Commission determined that the Committee must repay $2,380 to the Secretary of the Treasury.

LITIGATION

Cao v. FEC. On April 19, a Reply Brief was filed by the Plaintiffs-Appellants 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).

RULEMAKING AND AGENCY PROCEDURES

On April 16, the Commission published the Final Rules and Explanation and Justification on Collection of Administrative Debts and Collection of Debts Arising from Enforcement and Administration of Campaign Finance Laws in the Federal Register.

INTERIM GUIDANCE FOR COMMITTEES

EMILY’s List v. FEC.  On March 11, 2010, the Federal Election Commission adopted Final Rules to comply with the recent court order in EMILY’s List v. Federal Election Commission, 581 F.3d 1 (DC Cir. 2009) to vacate certain Commission regulations.  The vacated regulations, 11 CFR 100.57, 106.6(c), and 106.6(f), concern funds received in response to solicitations and the allocation of expenses by separate segregated funds (“SSFs”) and nonconnected committees.  The Commission also announced plans to undertake a new rulemaking to consider additional conforming changes consistent with the court decision.  Pending the completion of the second EMILY’s List rulemaking, the Commission is issuing the following interim guidance to the public and committees affected by the EMILY’s List decision, which is in addition to the Commission’s January 12, 2010 statement on the decision:

• Although they are not required to do so, affected SSFs and nonconnected committees may continue, if they desire, to use Federal funds, or to allocate between Federal and Non-Federal funds, to pay for their administrative expenses, costs of generic voter drives, and public communications that refer to a political party and to report these activities consistent with the vacated regulations pending the Commission’s second EMILY’s List rulemaking.

SSFs and nonconnected committees with specific questions about their reporting requirements are encouraged to call the Commission’s Reports Analysis Division at 1-800-424-9530 (at the prompt, press 5).

CAMPAIGN FINANCE REPORTS

April 19 – South Carolina Green Party Pre-Convention Reports were due.  For information on reporting dates for this convention, click here.

April 20 – April monthly reports were due. For information on reporting dates, click here.

April 22 – Indiana Pre-Primary Reports were due.  For information on reporting dates for this election, click here.

April 22 – North Carolina Pre-Primary Reports were due.  For information on reporting dates for this election, click here.

April 22 – Ohio Pre-Primary Reports were due.  For information on reporting dates for this election, click here.

PRESS RELEASES

FEC Takes Final Action On Six Cases (issued April 23)

UPCOMING COMMISSION MEETINGS

April 27: The Commission is scheduled to hold an Executive Session.

April 29: The Commission is scheduled to hold an Open Session.

UPCOMING REPORTING DUE DATES

April 26:  Utah Constitution, Democratic and Republican Party Pre-Convention Reports. For information on reporting dates for this convention, click here.

April 26:  Virginia Democratic Party (District #1) Pre-Convention Report due.  For information on reporting dates for this convention, click here.

April 28:  Connecticut Democratic Party (House) Pre-Convention Report due.  For information on reporting dates for this convention, click here.

April 29:  Nebraska Pre-Primary Report due.  For information on reporting dates for this election, click here.

April 29:  West Virginia Pre-Primary Report due.  For information on reporting dates for this election, click here.

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 monthly supplements to the FEC’s Campaign Guides are here.