Week of May 3 - May 7, 2010

Weekly Digest

Week of May 3 – 7

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

Opinion Issued

AO 2010-03 (National Democratic Redistricting Trust) On May 7, the Commission approved AO 2010-13, concluding that Members of Congress may solicit funds outside the Act’s amount limitations and source prohibitions on behalf of the National Democratic Redistricting Trust. The Trust was established by individuals, but not Members of Congress, to raise funds to pay for the pre-litigation and litigation costs that arise following the next legislative redistricting process.

Comment Received

AOR 2010-07 (Yes on FAIR).  The Commission received a comment on AOR 2010-07 (Yes on FAIR). The requester, a California state ballot measure committee, asks whether and how Members of Congress may solicit donations to it (i) during the period before the measure qualifies for the November 2010 general election ballot, and (ii) during the post-qualification period leading up to the date of the general election.  The Commission must issue a response no later than 60 days after receipt of the complete request, that is, by June 14, 2010.

Advisory Opinions and Requests are available here.

ENFORCEMENT

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

MUR 6209 – Libertarian National Committee and Aaron Starr, in his capacity as treasurer; Barr 2008 Presidential Committee and David Chastain, in his capacity as treasurer; and The Bob Barr Leadership Fund and Paul Kilgore, in his capacity as treasurer. The Commission dismissed the case.

MUR 6243 – Nancy Navarro; Friends of Nancy Navarro and Maria Figueredo, in her official capacity as treasurer; Infomonagas.com; and Anffer Astudillo. The Commission dismissed the case.

LITIGATION

SpeechNow.org v. Federal Election Commission. On May 3, the United States Court of Appeals for the District of Columbia Circuit issued an order granting the appellants’ motion for immediate issuance of the mandate.

The Real Truth About Obama, Inc. v. Federal Election Commission. On May 4, the United States District Court for the Eastern District of Virginia granted a Consent Motion to Stay All Proceedings Pending Resolution of Plaintiff''''s Preliminary Injunction Motion. In April, the case was remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Citizens United v. Federal Election Commission, 558 U.S. ___ (2010), and the Solicitor General''''s suggestion of mootness.

RULEMAKING AND AGENCY PROCEDURES

The Commission published the Final Rules and Explanation and Justification on Participation by Federal Candidates and Officeholders at Non-Federal Fundraising Events in the Federal Register. The final rules were promulgated in response to the decision of the Court of Appeals for the District of Columbia Circuit in Shays v. FEC, 528 F.3d 914 (D.C. Cir. 2008).

OUTREACH

On May 5, 2010, Commissioner Ellen L. Weintraub met with Simon Every, Chief of Staff to Australian Senator Joe Ludwig, to discuss issues concerning campaign finance laws and disclosure.

On May 6-7, the Federal Election Commission, the Election Assistance Commission and the Organization of American States co-hosted the Seventh Inter-American Meeting of Electoral Management Bodies (EMBs). The meeting focused on strengthening national electoral capacities and improving the conduct of elections throughout the Americas. FEC Chairman Matthew S. Petersen addressed the opening session of the meeting, and Vice Chair Cynthia L. Bauerly moderated a panel on the role of the media in elections. Other panels addressed the relationship between EMBs and political parties, voting access for people with disabilities, and OAS electoral initiatives.

CAMPAIGN FINANCE REPORTS

May 3:  South Carolina Working Families Party Pre-Convention Reports were due. For information on reporting dates for this convention, click here.

May 3:  Utah Libertarian Party Pre-Convention Reports were due. For information on reporting dates for this convention, click here.

May 6:  Arkansas Pre-Primary Reports were due.  For information on reporting dates for this election, click here.

May 6:  Kentucky Pre-Primary Reports were due.  For information on reporting dates for this election, click here.

May 6:  Oregon Pre-Primary Reports were due.  For information on reporting dates for this election, click here.

May 6:  Pennsylvania Pre-Primary Reports were due.  For information on reporting dates for this election, click here.

May 6:  Pennsylvania 12th District Pre-General Reports were due.  For information on reporting dates for this election, click here.

UPCOMING COMMISSION MEETINGS

May 11: The Executive session scheduled for May 11 has been canceled.

May 13: The Open session scheduled for May 13 has been canceled.

UPCOMING REPORTING DUE DATES

 May 10:  Hawaii 1st District Pre-General Reports.  For information on reporting dates for this election, click here.

May 10:  Virginia Republican Party (District #s 3 & 9) Pre-Convention Reports. For information on reporting dates for this election, click here.

May 13:   Florida 19th District Post-General Reports.  For information on reporting dates for this election, click here.

May 13:   Idaho Pre-Primary Reports.  For information on reporting dates for this election, click here.

UPCOMING EVENTS

June 8-9, Arlington, VA.  Regional Conference for Trade Associations, Membership Organizations, and Labor Organizations and their Political Action Committees. The conference registration information and agenda are here.

OTHER RESOURCES

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

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