ISSUE 2009-13

Weekly Digest

Week of August 3 – 7

COMMISSION MEETINGS

The Commission did not hold Open or Executive Sessions 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.

ENFORCEMENT

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

MUR 6150 – Shannon for Congress Committee and Joseph Gyarmathy, in his official capacity as treasurer. The Commission agreed to accept a conciliation agreement providing for the respondents to pay a civil penalty of $5,000.

MUR 6201 – Alan B. Fabian. The Commission used its prosecutorial discretion to dismiss the case and sent a letter of caution to Fabian.

LITIGATION

On August 5, the U.S. Court of Appeals for the Fourth Circuit affirmed the denial of a preliminary injunction in The Real Truth About Obama v. FEC and U.S. Department of Justice. The Real Truth About Obama (RTAO), a nonprofit corporation that filed for status under section 527 of the Internal Revenue Code, had sought the injunction to enjoin the FEC and the Department of Justice from enforcing three provisions of FEC regulations and the agency’s "enforcement policy," which it alleges are unconstitutional. RTAO further alleges that the provisions in question exceed the FEC’s statutory authority and have a chilling effect on the plaintiff’s speech.

On July 31, the Commission filed a Motion to Dismiss in Utility Workers Union of America, Local 369, AFL-CIO v. FEC. Local 369 petitioned the United States District Court for the District of Columbia challenging the Commission’s dismissal of the union’s administrative complaint against the Covanta Energy Corporation. The complaint alleged that Covanta solicited contributions for its federal PAC from employees outside its restricted class. The Commission found no reason to believe Covanta violated the Act.

OUTREACH

On August 5-6, in Kansas City, MO, the FEC conducted informal briefings for PACs, party committees and candidate committees on areas of the law specific to their needs.  The event was part of the Federal Election Commission’s State Outreach Program. 

On August 3, the Commission added an E-Learning section to its website and launched a YouTube channel, http://www.youtube.com/FECTube. The two new tools provide access to a wide variety of instructional videos and interactive presentations.

PRESS RELEASES

FEC Launches E-Learning and YouTube Offerings (released August 4)

FEC Releases Federal Elections 2008 Report (released August 6)

Court of Appeals Rules in Favor of FEC in Case Challenging Constitutionality of Regulations, Enforcement Policy (released August 7)

NEXT WEEK (AUGUST 10 – 14, 2009)

No Commission Open Sessions or Executive Sessions are scheduled.

UPCOMING EVENTS

September 15-16, Chicago, IL – Regional Conference for Campaigns, Party Committees and Corporate/Labor/Trade PACs. The schedule is here.

UPCOMING REPORTING DUE DATES

August 20 – August Monthly Report

OTHER RESOURCES

The August issue of The Record is here.

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

Federal Elections 2008 is here.