Week of April 29 - May 3, 2013

Weekly Digest
Week of April 29 – May 3

COMMISSION MEETINGS AND HEARINGS

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

ADVISORY OPINIONS

AOR 2013-03 (Bilbray-Kohn). On April 29, the Commission made public Advisory Opinion Request 2013-03. The request asks whether a potential candidate for the U.S. House of Representatives may serve as a paid consultant to a section 527 organization, without soliciting, receiving, directing, transferring, spending, or disbursing funds outside federal limits and restrictions, after becoming a candidate. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than May 9, 2013) and must issue a response no later than 60 days after receipt of the complete request, specifically by June 28, 2013.

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 four closed cases. For more information, see the case documents in the Enforcement Query System.

MUR 6449
COMPLAINANT: Laura Wigley, Nebraska Democratic Party
RESPONDENT: Jon Bruning; and Bruning for Senate, Inc. f/k/a Bruning 2012 Exploratory Committee and Douglas R. Ayer, in his official capacity as treasurer
SUBJECT:  The complaint alleged that (1) Bruning failed to file his Statement of Candidacy in a timely manner after becoming a candidate, (2) Bruning for Senate, Inc. f/k/a Bruning 2012 Exploratory Committee and Ayer, in his official capacity as treasurer, (the Committee) failed to file a Statement of Organization in a timely manner and failed to file the 2010 Year-End disclosure report, and (3) the Committee failed to disclose the financial activity of the Jon Bruning Exploratory Committee. Bruning was a candidate for Nebraska’s United States Senate seat in 2008 and 2012.
DISPOSITION: The Commission entered into a conciliation agreement providing for Bruning and the Committee to pay a civil penalty of $19,000.

MUR 6516
COMPLAINANT: FEC-Initiated
RESPONDENTS: Timothy F. Mobley; MTampa Financing Company, LLC; Express Freight of Florida, LLC; Timothy M. Hohl; and Terry Keith Howell
SUBJECT: In the normal course of carrying out its supervisory responsibilities, the Commission found that Mobley, MTampa Financing Company, LLC, Express Freight of Florida, LLC, Hohl, and Howell made and assisted in the making of $8,800 in contributions from MTampa Financing, LLC, to Vern Buchanan for Congress in Howell''''s name.
DISPOSITION: The Commission entered into a conciliation agreement providing for Mobley, MTampa Financing Company, LLC, and Express Freight of Florida, LLC to pay a civil penalty of $10,000. The Commission also entered into a conciliation agreement providing for Hohl to pay a civil penalty of $5,000.  Finally, the Commission entered into a conciliation agreement providing for Howell to pay a civil penalty of $1,000.

MUR 6715
COMPLAINANT: FEC-Initiated
RESPONDENT: The Legacy Committee Political Action Committee and James Lacy, in his official capacity as treasurer
SUBJECT: In the normal course of carrying out its supervisory responsibilities, the Commission found that the Legacy Committee Political Action Committee and Lacy, in his official capacity as treasurer, (the Committee) failed to file 24-hour and 48-hour notices of independent expenditures in a timely manner and failed to properly disclose independent expenditures.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to pay a civil penalty of $5,000.

MUR 6716
COMPLAINANT: FEC-Initiated
RESPONDENT: The National Campaign Fund and James Lacy, in his official capacity as treasurer
SUBJECT: In the normal course of carrying out its supervisory responsibilities, the Commission found that the National Campaign Fund and Lacy, in his official capacity as treasurer, (the Committee) misstated the Committee’s financial activity, failed to file 24-hour and 48-hour notices of independent expenditures in a timely manner and failed to properly disclose independent expenditures.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to pay a civil penalty of $5,000.

LITIGATION

Koerber v. FEC (Case 2:08-cv-00039-H).  On April 30, the plaintiffs filed a Stipulation of Dismissal in the United States District Court for the Eastern District of North Carolina, dismissing the case with prejudice.

Libertarian National Committee, Inc. v. FEC (Case 1:11-cv-00562-RLW). On April 29, the plaintiff filed an Opposition to Commission’s Motion to Alter or Amend in the United States District Court for the District of Columbia.

Van Hollen v. FEC (Case 1:11-cv-00766-ABJ). On April 29, the Commission filed its Response to Plaintiff’s Supplemental Memorandum in the United States District Court for the District of Columbia. On April 8, the plaintiff filed a Supplemental Briefing on Remanded Issues.

FEDERAL REGISTER

On May 2, the Commission published an Advance Notice of Proposed Rulemaking on Technological Modernization in the Federal Register.  The comment period ends on June 3.

UPCOMING COMMISSION MEETINGS

May 7: The Commission is scheduled to hold an executive session.

May 9: The Commission is scheduled to hold an open meeting.

UPCOMING EDUCATIONAL PROGRAMS

May 22, Federal Election Commission, Washington, DC. “Seminar/Webinar for Trade Associations, Labor Organizations, Membership Organizations and their PACs.” Additional information is available on the Educational Outreach page of the Commission website.

UPCOMING REPORTING DUE DATES

May 20: May Monthly Reports are due. For more information on monthly reporting dates, refer to the 2013 Monthly Reporting page of the Commission website.

OTHER RESOURCES

The 2013 edition of the Combined Federal State Disclosure and Election Directory is available in the Public Records section of the 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 Official 2012 Presidential General Election Results are available in the Library section of the website. This listing was compiled from the official election results published by state election offices.

An index to the Record news articles published in 2012 is available on the Commission website. 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.

The FEC Annual Reports from 1975-2006 are now available on the website. Beginning in 2007, the Commission consolidated its Annual Report with its Performance and Accountability Report (PAR) to provide a single account of the agency''''s activities for each fiscal year.

Printed copies of the 2012 edition of Title 11 of the Code of Federal Regulations are now available and can be downloaded from the website. To order, call (800) 424-9530 (press 6) or send an email to info@fec.gov.

Instructional videos are available on YouTube at http://www.youtube.com/user/FECTube?feature=watch. These videos are also available on the Commission''''s E-Learning resources page at http://www.fec.gov/info/elearning.shtml.

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