Week of December 19 - December 23, 2011

Weekly Digest

Week of December 19 – 23

COMMISSION MEETINGS

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

ENFORCEMENT

The Commission made public two closed cases and two Statements of Reasons.

MUR 6415
RESPONDENTS:  Kristi for Congress and Ted Hustead, in his official capacity as treasurer; and Kristi Lynn Noem
COMPLAINANT:  Betty Breck
SUBJECT:  The complaint alleged that Noem and Kristi for Congress and Hustead, in his official capacity as treasurer, (the Committee) failed to include a disclaimer on one of two visually distinct messages that appeared next to one another on the same page of a newspaper advertisement. Noem was a 2010 candidate for South Dakota’s 6th Congressional District.
DISPOSITION: The Commission closed the file. Statements of Reasons were issued by Chair Cynthia L. Bauerly and Commissioner Steven T. Walther and by Commissioner Ellen L. Weintraub.

MUR 6455
RESPONDENTS:  Brian Hard; Penske Truck Leasing Co., L.P.; Penske Truck Leasing Co., L.P. PAC and Michael A. Duff, in his official capacity as treasurer; General Electric Company; General Electric Company PAC and Marie Talwar, in her official capacity as treasurer
COMPLAINANT:  Peter J. Vroom
SUBJECT:  The complaint alleged that Penske Truck Leasing Co., L.P. PAC and Duff, in his official capacity as treasurer, (Penske PAC) made 2010 primary and general election contributions to James Gerlach for Congress (the Committee) that exceeded the limitations of the Federal Election Campaign Act of 1971, as amended (the Act) because Penske PAC and General Electric Company PAC and Talwar, in her official capacity as treasurer, (GEPAC) were affiliated and thus shared a single contribution limit. Gerlach was a 2010 candidate for Pennsylvania’s 6th Congressional District. The complaint challenged Advisory Opinion 2009-18, in which the Commission concluded that Penske PAC and GEPAC were disaffiliated, alleging that Penske PAC provided the Commission with “misleading and incomplete information.”
DISPOSITION: The Commission found no reason to believe Penske PAC and GEPAC exceeded contribution limits because, as the Commission determined in Advisory Opinion 2009-18, Penske PAC and GEPAC are properly disaffiliated and therefore the Penske PAC contributions at issue were not excessive.

For information regarding the above matter, see the case documents in the Enforcement Query System.

ALTERNATIVE DISPUTE RESOLUTION

The Commission made public eight campaign finance enforcement matters that were resolved through its Alternative Dispute Resolution (ADR) program.

ADR 570 – Brady for Congress and Mike Karlins, in his official capacity as treasurer. The respondent agreed to (1) implement compliance measures, (2) send a representative to an FEC conference and (3) pay a civil penalty of $1,000.

ADR 576 – Philadelphia Joint Board UNITE HERE TIPS and Mildred Saldana, in her official capacity as treasurer. The respondent agreed to (1) implement compliance measures and (2) pay a civil penalty of $1,500.

ADR 578 – Friends of Jack Kingston and J. Harry Haslam, in his official capacity as treasurer. The respondent agreed to (1) implement compliance measures, (2) send a representative to an FEC conference and (3) pay a civil penalty of $1,500.

ADR 580 – Rock City PAC and Kim Kaegi, in her official capacity as treasurer. The respondent agreed to (1) implement compliance measures, (2) send a representative to an FEC conference and (3) pay a civil penalty of $3,500.

ADR 582 – OneAmerica Votes and Washington Community Action Network. The respondent agreed to implement compliance measures.

ADR 584 – Ed Royce for Congress and Kelly Lawler, in her official capacity as treasurer. The respondent agreed to (1) implement compliance measures and (2) pay a civil penalty of $2,000.

ADR 586 – Democratic Party of Arkansas and Karen Garcia, in her official capacity as treasurer. The respondent agreed to (1) send a representative to an FEC conference, (2) implement compliance measures and (3) pay a civil penalty of $4,000.

ADR 588 – Montana Republican State Central Committee and Debra A. Brown, in her official capacity as treasurer. The respondent agreed to (1) implement compliance measures and (2) pay a civil penalty of $2,500.

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

LITIGATION

Wagner v. FEC (No. 11-1841(JEB)). On December 19, the Commission filed an Answer to Plaintiffs’ Complaint for Declaratory and Injunctive Relief in the United States District Court for the District of Columbia. The lawsuit challenges the constitutionality of the portion of 2 U.S.C. 441c that bars contributions by individuals who have contracts with the federal government.

CAMPAIGN FINANCE REPORTS

December 20: December Monthly Reports were due. For more information on monthly reporting dates, refer to the 2011 Monthly Reporting page of the Commission website.

UPCOMING REPORTING DUE DATES

January 31: Year-end Reports are due. For more information on reporting dates, refer to the Reporting page of the Commission website.

OTHER RESOURCES

The Record is in the Publications section of the Commission website. Sign up to receive email notification when a new issue of the Record is posted.

The August 2011 updated version of the Commission''''s Campaign Guide for Congressional Candidates and Committees is available online. Printed copies of the updated Guide are also available free of charge from the Commission''''s Information Division. To order, call (800)424-9530 (press 6) or send an email to info@fec.gov.

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