Weekly Digest
Week of May 18 – 22
COMMISSION MEETINGS AND HEARINGS
On May 19 and 21, the Commission held an executive session.
On May 21, the Commission held an open meeting.
ENFORCEMENT
The Commission made public one closed case and one Statement of Reasons, as follows. For more information, see the case documents in the Enforcement Query System.
MUR 6294
COMPLAINANT: Bill Halter for Senate
RESPONDENTS: Americans for Job Security
SUBJECT: The complaint alleged that Americans for Job Security (AJS) violated the Federal Election Campaign Act of 1971, as amended, and Commission regulations when AJS filed a 24-Hour Notice of Disbursements/Obligations for Electioneering Communications but failed to disclose the source of the funds.
DISPOSITION: The Commission closed the file. Chair Ann M. Ravel and Commissioners Steven T. Walther and Ellen L. Weintraub issued a Statement of Reasons.
ADMINISTRATIVE FINES
The Commission made public three campaign finance enforcement matters that were resolved through its Administrative Fines (AF) program, as follows. For more information, see the case documents in the Enforcement Query System.
AF 2848 – Corry Westbrook for Congress and Catherine E. Wenzing, in her official capacity as treasurer. The Commission voted to terminate the proceedings.
AF 2854 – Hires for Congress and Roy Wiley, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $2,550.
AF 2908 – Jim Renacci for Congress and Russell Corwin, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $5,425.
ALTERNATIVE DISPUTE RESOLUTION
The Commission made public one campaign finance enforcement matter that was resolved through its Alternative Dispute Resolution (ADR) program, as follows. For more information, see the case documents in the Enforcement Query System.
ADR 744 – New York State Committee of the Working Families Party and Dorothy Siegel, in her official capacity as treasurer. The respondent agreed to (1) develop and certify implementation of a compliance operations manual that includes internal controls consistent with the Commission’s Internal Controls and Political Committees advisory document and the Best Practices for Committee Management, (2) amend relevant 2009-2010 reports to address any inadequate responses to requests for additional information from the FEC’s Reports Analysis Division and (3) pay a civil penalty of $5,500.
AUDITS
Audit Division Recommendation Memorandum on Kevin McCarthy for Congress. On May 21, the Commission approved an Audit Division Recommendation Memorandum on Kevin McCarthy for Congress, covering campaign finance activity between January 1, 2011 and December 31, 2012. The Commission approved findings related to (1) the receipt of excessive contributions totaling $77,094 and (2) the 2011 misstatement of financial activity for beginning cash-on-hand by $41,170, receipts by $62,407, disbursements by $35,501 and ending cash-on-hand by $56,738 and the 2012 misstatement of financial activity for beginning cash-on-hand of $56,738 and ending cash-on-hand of $73,397. The Audit Division will prepare the Proposed Final Audit Report within 30 days.
Audit Division Recommendation Memorandum on the Oakland County Democratic Party (OCDP). On May 21, the Commission approved an Audit Division Recommendation Memorandum on the Oakland County Democratic Party, covering campaign finance activity between January 1, 2011 and December 31, 2012. The Commission approved findings related to (1) the misstatement of financial activity for receipts of $90,487, disbursements of $60,715 and ending cash-on-hand of $33,279, (2) recordkeeping for employees totaling $107,555 in payroll, (3) failure to disclose occupation and name of employer information for contributions totaling $7,389, (4) recordkeeping for receipts of gaming activities totaling $1,820,466 and (5) failure to use the campaign depository for $1,370,304 in gaming receipts. The Audit Division will prepare the Proposed Final Audit Report within 30 days.
Audit Division Recommendation Memorandum on New American City, Inc. On May 21, the Commission approved an Audit Division Recommendation Memorandum on New American City, Inc., covering campaign finance activity between May 4, 2011 and December 31, 2012. The Commission approved findings related to (1) the misstatement of financial activity for disbursements totaling $2,024,213, (2) failure to disclose receipt information totaling $2,704,569, (3) failure to disclose disbursement information totaling $4,188,384 and (4) failure to itemize debts and obligations totaling $25,425. The Audit Division will prepare the Proposed Final Audit Report within 30 days.
LITIGATION
Independence Institute v. FEC (Case 14-5249). On May 15, the Campaign Legal Center, Democracy 21 and Public Citizen, Inc. filed a Brief Amici Curiae in Support of the Commission and Urging Affirmance in the United States Court of Appeals for the District of Columbia Circuit.
RULEMAKING AND AGENCY OPERATIONS
Motion to Open a Rulemaking in Response to Comments and Testimony on the McCutcheon v. FEC ANPRM. On May 21, the Commission was unable to reach agreement by the required four affirmative votes on a motion to open a rulemaking in response to written comments and testimony on the Commission’s Advance Notice of Proposed Rulemaking in response to McCutcheon v. FEC. Commissioner Ellen L. Weintraub issued a Statement.
Notice to Respondents of Information Sharing by the Commission. On May 21, the Commission discussed a recommendation to provide notice to respondents that information provided to the Commission in enforcement matters may be shared with other law enforcement agencies. The Commission decided to continue deliberation on the issue at the next open meeting.
Proposed Statement of Policy Regarding the Public Disclosure of Closed Enforcement Files. On May 21, the Commission discussed a proposed statement of policy confirming that the Commission would revert to its prior practice of placing additional materials on the public record in connection with closed enforcement matters. The Commission decided to continue deliberation on the issue at the next open meeting.
Proposed Directive 74 on the Timely Resolution of Enforcement Matters. On May 21, the Commission discussed a proposed directive to set deadlines for considering and voting on enforcement matters. The Commission decided to continue deliberation on the issue at the next open meeting.
OUTREACH
On May 20, Chair Ann M. Ravel spoke about campaign finance at the Golden State Roundtable on Capitol Hill in Washington, DC.
PUBLIC DISCLOSURE
Presentation by the FEC Staff on Enhanced Engagement with the Public and Stakeholders. On May 21, the Commission discussed a presentation by FEC staff on efforts to improve the agency’s public outreach and a memorandum on the disclosure of material placed on the public record at the close of enforcement matters.
PRESS RELEASES
FEC Discusses Staff Memo on Engaging Public; a Proposed Notice on Information Sharing; a Proposed Policy Statement on the Disclosure of Closed Enforcement Files; a Proposed Directive on the Timely Resolution of Enforcement Matters; Votes on Motion to Open Rulemaking; Approves Three Audit Division Recommendation Memoranda (issued May 21)
CAMPAIGN FINANCE REPORTS
May 20: May Monthly Reports were due. For more information on monthly reporting dates, refer to the 2015 Monthly Reporting page of the Commission website.
UPCOMING COMMISSION MEETINGS AND HEARINGS
June 16 and 18: The Commission is scheduled to hold an executive session.
June 18: The Commission is scheduled to hold an executive session and an open meeting.
Meeting dates are subject to change. Please contact the Press Office the week of the scheduled meeting for confirmation.
UPCOMING EDUCATIONAL PROGRAMS
June 3: Webinar for Campaign Committees. Additional information is available on the Educational Outreach page of the Commission website.
UPCOMING REPORTING DUE DATES
June 20: June Monthly Reports are due. For more information on monthly reporting dates, refer to the 2015 Monthly Reporting page of the Commission website.
OTHER RESOURCES
The 2015 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 2015 edition of the Federal Election Campaign Finance Laws is available on the Commission website and in print. The compilation contains all federal campaign finance laws (including a conversion table showing the recent changes from Title 2 U.S.C. to Title 52 U.S.C.). To order a copy at no charge, contact the Commission''''s Information Division at (800) 424-9530 (press 6, when prompted) or email info@fec.gov.
The 2015 edition of Title 11 of the Code of Federal Regulations can be downloaded from the website. To order printed copies, call (800) 424-9530 (press 6) or send an email to info@fec.gov.
The 2014 Legislative Recommendations are available on the Commission’s website.
The 2014 edition of the Federal Election Commission Campaign Guide for Congressional Candidates and Committees is available on the Commission’s website.
The August 2013 edition of the Federal Election Commission Campaign Guide for Political Party Committees is available on the Commission’s website.
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.
The Commission has published the 2015 Record Index page. An index to previously published Record news articles 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 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.
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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