Week of April 2 - April 6, 2012

Weekly Digest

Week of April 2 - 6

COMMISSION MEETINGS AND HEARINGS

No Commission Executive Sessions or Open Meetings were scheduled this week.

ADVISORY OPINIONS

Drafts

AO 2012-07 (Feinstein). On April 6, the Commission made public a draft of Advisory Opinion 2012-07. Feinstein for Senate (the Committee) was, until recently, a client of Durkee & Associates, and Ms. Kinde Durkee served as the Committee’s Treasurer. After Durkee’s arrest in 2011, the Committee learned that it had a maximum of $662,100.87 in its accounts, which was considerably less than the Committee had expected and reported. The Committee asks the Commission whether "the donors who attempted to contribute to the Committee, but whose funds were embezzled by Durkee, may make replacement contributions to the Committee without the attempted contributions counting against the donors'''' per election limits." Public comments on the draft are due by noon on April 11.

AO 2012-08 (Repledge). On April 5, the Commission made public a draft of Advisory Opinion 2012-08. Repledge proposes to establish a web-based platform that allows supporters of opposing federal candidates to redirect potential contributions to charitable organizations. Repledge asks a number of questions relating to its proposal, including whether it will (1) receive contributions, (2) have the major purpose of influencing a federal election, and (3) violate the prohibition on corporate contributions to candidates. Public comments on the draft are due by noon on April 11.

AO 2012-10 (Greenberg Quinlan Rosner Research, Inc.). On April 6, the Commission made public three drafts of Advisory Opinion 2012-10. The requestor, Greenberg Quinlan Rosner Research, Inc. (GQRR), is a political research and strategic consulting firm. GQRR plans to conduct telephone survey research of New Hampshire voters on behalf of certain federal candidates and nonprofit organizations. The survey research will refer only to candidates for federal office and not to any candidate for state or local office. GQRR asks whether certain provisions of the New Hampshire Revised Statutes, which require that certain disclaimers be made in the course of certain telephone surveys, are preempted by the Act. Public comments on the drafts are due by noon on April 11.

Comment Received

AO 2012-10 (Greenberg Quinlan Rosner Research, Inc.). On April 2, the Commission made public a late comment on Advisory Opinion Request 2012-10.

Advisory Opinions and Requests are available through the Advisory Opinions search page in the Law and Regulations section of the Commission website.

ENFORCEMENT

The Commission made public one closed case. For more information, see the case documents in the Enforcement Query System.

MUR 6483
RESPONDENTS:  Loyola Enterprises, Inc.; Benito Ben Loyola, Jr.; Loyola for Congress; and Karen F. Marcus, in her official capacity as treasurer
COMPLAINANT: Edward C. Maulbeck
SUBJECT:  The complaint alleged that Loyola Enterprises, Inc., Benito Ben Loyola, Loyola for Congress and Marcus, in her official capacity as treasurer, made or accepted an in-kind corporate contribution through the use of corporate facilities in connection with a federal election. The complaint alleged further that the contribution, which involved a Loyola Enterprises, Inc. employee posting campaign signs, was not disclosed to the Commission. Benito Ben Loyola was a 2010 primary candidate for Virginia’s 2nd Congressional District.
DISPOSITION: The Commission found no reason to believe Loyola Enterprises, Inc., Benito Ben Loyola, Loyola for Congress and Marcus, in her official capacity as treasurer, violated the Act or Commission regulations because neither an employee’s occasional, isolated or incidental use of a corporation’s facilities for the employee’s own individual volunteer activity in connection with an election, nor the employee’s rental of a van from the corporation consistent with past practice, would constitute a prohibited in-kind contribution.

LITIGATION

Van Hollen v. FEC (No. 1:11-cv-00766 (ABJ)). On March 30, the United States District Court for the District of Columbia issued an opinion and order granting the plaintiff''''s motion for summary judgment. On April 5, Intervenor-Defendants Center for Individual Freedom and Hispanic Leadership Fund each submitted to the Court a motion for stay pending appeal and a memorandum supporting that motion.

Hassan v. FEC (No. 11-cv-02189 (EGS)). On April 2, the Commission filed a Reply Memorandum in Support of Its Motion to Dismiss in Hassan V. FEC.

Tisdale v. Obama (Civ. No. 12-1124). On April 2, appellant filed a Reply Motion to Dismiss FEC''''s Motion in Opposition in the U.S. Court of Appeals for the Fourth Circuit.

PRESS RELEASES

District Court Issues Opinion and Order In Van Hollen v. FEC (issued April 2)

UPCOMING COMMISSION MEETINGS

April 10: The Commission is scheduled to hold an Executive Session.

April 12: The Commission is scheduled to hold an Open Session.

UPCOMING EDUCATIONAL PROGRAMS

April 25, Washington, DC. Seminar/Webinar for Corporations and their PACs.  Registration information and the schedule are on the Educational Outreach page of the Commission website.

May 23, Washington, DC. Seminar/Webinar for Trade Associations, Labor Organizations, Membership Organizations and their PACs. Registration information and the schedule are on the Educational Outreach page of the Commission website.  

UPCOMING REPORTING DUE DATES

April 15: April Quarterly Reports are due. For information on quarterly reporting dates, refer to the 2012 Quarterly Reporting page of the Commission website.

April 20: April Monthly Reports are due. For more information on monthly reporting dates, refer to the 2012 Monthly Reporting page of the Commission website.

OTHER RESOURCES

The Record news page is available in the Publications section of the Commission website. Sign up to receive email notification when new articles are posted.

Printed copies of the 2012 edition of 11 CFR are now available. To order, call (800)424-9530 (press 6) or send an email to info@fec.gov.

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