Week of March 29 - April 2

Weekly Digest

Week of March 29 – April 2

COMMISSION MEETINGS

The Commission did not hold an Executive Session or Open Meeting 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.

ADVISORY OPINIONS

Request Received

AOR 2010-05 (Starchannel Communications, Inc.). On April 1, the Commission made public Advisory Opinion Request 2010-05. Starchannel Communications asks whether its plan to sell advertising time on television broadcast stations owned by a Mexican entity to Federal candidates would entail the making of an impermissible contribution or donation to those Federal candidates by a foreign national.  The Commission must issue a response no later than 60 days after receipt of the complete request, that is, by June 1, 2010.

Advisory Opinions, Requests, Comments and Extensions are available here.

ADMINISTRATIVE FINES

The Commission made public six campaign finance enforcement matters that were resolved through its Administrative Fines (AF) program. For more information, see the case documents in the Enforcement Query System.

AF 1913 – Charlie Stuart for Congress and Jeffrey S. Berger as Treasurer. The Commission made a final determination and assessed a civil penalty of $10,000.

AF 1973 – The Legacy Committee Political Action Committee and James V. Lacy as Treasurer. The Commission made a final determination and assessed a civil penalty of $6,000.

AF 2049 – Charlie Stuart for Congress and Jeffrey S. Berger as Treasurer. The Commission made a final determination and assessed a civil penalty of $3,375.

AF 2105 – Democratic Advancement PAC and Christopher R. Cramer as Treasurer. The Commission made a final determination and assessed a civil penalty of $1,485.

AF 2109 – Betty Chu 4 Congress and Brian Thomas Chu as Treasurer. The Commission made a final determination and assessed no civil penalty.

AF 2110 – Local 401 Iron Workers Political Action Fund and Joseph J. Dougherty as Treasurer. The Commission made a final determination and assessed a civil penalty of $700.

LITIGATION

Republican National Committee v. Federal Election Commission. On April 2, plaintiffs filed a notice of appeal to the United States Supreme Court following the opinion of a three-judge panel of the United States District Court for the District of Columbia.

Beam v. FEC (formerly Beam v. Gonzales). On March 29, the Commission filed its second Motion for Summary Judgment in the United States District Court for the Northern District of Illinois after that court denied the first motion. The Commission has argued that the court should enter judgment for the Commission because the plaintiffs have failed to uncover evidence of a violation of the Right to Financial Privacy Act, the sole claim remaining in the case.

Schonberg v. FEC. On March 29, the Commission filed its second Motion to Dismiss in the United States District Court for the Middle District of Florida, Ocala Division. In this case, plaintiffs filed a complaint against the FEC and certain Members of Congress and also requested an emergency injunction and an emergency three-judge court. The plaintiffs alleged that portions of the Federal Election Campaign Act that permit Members of Congress to lead campaign committees are unconstitutional because they violate the Emoluments Clause of the United States Constitution, which states that Members of Congress cannot hold other federal offices while in Congress. The United States District Court for the Middle District of Florida denied the plaintiffs'''' requests for emergency relief. On March 29, the court granted the request of one of the two plaintiffs to dismiss her as a plaintiff in this case.

RULEMAKING AND AGENCY PROCEDURES

On April 2, the Commission posted the transcript from the March 16 hearing on the Notice of Proposed Rulemaking on Participation by Federal Candidates and Officeholders at Non-Federal Fundraising Events.

On March 29, the Commission posted a comment received concerning the Notice of Proposed Rulemaking (NPRM) on Collection of Administrative Debts and Collection of Debts Arising from Enforcement and Administration of Campaign Finance Laws.

CAMPAIGN FINANCE REPORTS

April 1:  Texas Pre-Runoff reports were due. For information on reporting dates for this election, click here. For information on campaign finance data concerning the special election, click here.

April 1:  Florida 19th District Pre-General reports were due. For information on reporting dates for this election, click here. For information on campaign finance data concerning the special election, click here.

PUBLIC DISCLOSURE

On March 31, the Commission’s Office of Inspector General (OIG) made public its Final Audit Report of the Commission’s Property Management Controls.

PRESS RELEASES

FEC Takes Final Action on Three Cases (issued April 2)

FEC seeks Comment on Alternative Drafts of a Volunteer Materials Exemption Policy  (issued March 31)

NEXT WEEK (APRIL 5 –9)

April 7, Washington, D.C., Seminar for Nonconnected Committees.  The seminar registration information and agenda are here.

UPCOMING EVENTS

May 3-4, Washington, D.C., Conference for House and Senate Campaigns and Political Party Committees.  The conference registration information and agenda are here.

OTHER RESOURCES

The April issue of The Record is here. Sign up here to receive email notification when a new issue of the Record is posted.

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