Week of April 9 - April 13, 2012

Weekly Digest

Week of April 9 - 13

COMMISSION MEETINGS AND HEARINGS

On April 10, the Commission held an Executive Session. Click here for Sunshine Act Notices for Executive Sessions.

On April 12, the Commission held an Open Meeting. Click here for agendas and related documents for open meetings. Click here for audio recordings for selected meetings, hearings and presentations.

ADVISORY OPINIONS

Advisory Opinions Considered

AOR 2012-07 (Feinstein for Senate). On April 12, the Commission discussed a draft and then held over an advisory opinion request from Feinstein for Senate. During the discussion, the Commission heard from a representative of Feinstein for Senate regarding whether "the donors who attempted to contribute to the Committee, but whose funds were embezzled by (treasurer Kinde) Durkee, may make replacement contributions to the Committee without the attempted contributions counting against the donors'''' per election limits."

AOR 2012-10 (Greenberg Quinlan Rosner Research, Inc.) On April 12, the Commission discussed four drafts and then held over an advisory opinion request from Greenberg Quinlan Rosner Research, Inc. During the discussion, the Commission heard from a representative of  Greenberg Quinlan Rosner Research, Inc. regarding 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 Federal Election Campaign Act of 1971, as amended (the Act).

AOR 2012-11 (Free Speech). On April 12, the Commission discussed two drafts and then held over an advisory opinion request from Free Speech, an unincorporated nonprofit association that plans to finance certain advertisements and ask for donations to fund its activities. During the discussion, the Commission heard from a representative of Free Speech regarding (1) whether its advertisements would be express advocacy communications, (2) whether funds received in response to its donation requests would be contributions, and (3) whether its activities would require Free Speech to register and report as a political committee.

Drafts

AO 2012-08 (Repledge). On April 11, the Commission made public a second 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. The Commission had previously made public another draft. Public comments on both drafts are due by noon on April 17.

AO 2012-11 (Free Speech). On April 11, the Commission made public two drafts of Advisory Opinion 2012-11. Public comments on both drafts are due by noon on April 17.

Requests Received

AOR 2012-16 (King; and Pierce Atwood LLP). On April 9, the Commission made public Advisory Opinion Request 2012-16 (King; and Pierce Atwood LLP).The requestors are the authorized committee of Angus King, a candidate for U.S. Senate in Maine, and a law firm that is a government contractor. The requestors ask whether the law firm, as a federal contractor, may provide the committee pro bono legal services on FEC compliance matters.The requestors also ask whether the law firm''''s partners, associates, and staff, individually, may volunteer legal or other services to the committee. The Commission must issue a response no later than 60 days after receipt of the complete request, specifically by June 8, 2012.

AOR 2012-17 (Red Blue T LLC, ArmourMedia, Inc., and m-Qube, Inc.). On April 11, the Commission made public Advisory Opinion Request 2012-17 (Red Blue T LLC, ArmourMedia, Inc., and m-Qube, Inc.).  The requestors ask whether their proposal to use mobile phone text messaging to raise funds for political committees is permissible under the Act and Commission regulations. The Commission must issue a response no later than 60 days after receipt of the complete request, specifically by June 11, 2012.

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 6317
RESPONDENTS:  Utah Defenders of Constitutional Integrity; and Timothy Stewart.
COMPLAINANT:  Friends of Mike Lee and Dan Hauser, in his official capacity as treasurer
SUBJECT:  The complaint alleged that the Utah Defenders of Constitutional Integrity (UDCI) and Stewart failed to (1) register as a political committee, (2) file disclosure and independent expenditure reports, and (3) include a complete disclaimer on a public communication.
DISPOSITION: The Commission agreed to accept a conciliation agreement providing for UDCI to pay a civil penalty of $1,400. The Commission took no further action in connection with Stewart in his individual capacity.

LITIGATION

Herron for Congress v. FEC (No. 11-cv-01466 (EGS)). On April 6, the Plaintiff filed a Motion for Summary Judgment in the United States District Court for the District of Columbia.

Miller v. FEC (No. 12-cv-00242 (SJD)). On March 26, Mark Miller filed a complaint in the United States District Court for the Southern District of Ohio. The Plaintiff requests the court to order the Commission to comply with a Freedom of Information Act request.

Ralph Nader v. FEC  (No. 10-989 (RCL)). On April 12, the United States District Court for the District of Columbia issued a Memorandum and Order denying the plaintiff’s motion to alter or amend the judgment previously entered in favor of the Commission.

OUTREACH

On April 9, Vice Chair Ellen L. Weintraub met with representatives of the Election Commission of Thailand''''s Fund for Development of Political Parties to discuss Commission operations, enforcement procedures and recent developments in the law.       

On April 13, Communications Specialist Zainab Smith discussed Commission operations and campaign finance regulations with government and other political leaders from Northern Africa as part of the State Department''''s International Visitor Leadership Program.

PRESS RELEASES

FEC Discusses Three Advisory Opinion Requests (issued April 12)

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.

The Commission posted the filing deadlines for the Special Election in New Jersey’s 10th  Congressional District. For information on reporting dates for this election, refer to the Special Election Report Notice.

The Commission posted the filing deadlines for the Special Election in Washington''''s 1st Congressional District. For information on reporting dates for this election, refer to the Special Election Report Notice.

OTHER RESOURCES

The 2012 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 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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