Week of October 24 - October 28, 2011

Weekly Digest

Week of October 24 – 28

COMMISSION MEETINGS

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

ADVISORY OPINIONS

Requests Received

AOR 2011-21 (Constitutional Conservatives Fund PAC). On October 24, the Commission made public AOR 2011-21 from Constitutional Conservatives Fund PAC ("CCF"), a leadership PAC sponsored by Senator Michael Lee. CCF asks whether it may establish a "non-contribution" account for the purpose of accepting unlimited contributions from individuals, political committees, corporations, and labor organizations, which it will use to finance independent expenditures expressly advocating the election or defeat of federal candidates other than Senator Lee.  CCF also plans to maintain a separate federal account consisting of funds subject to the limitations, prohibitions, and reporting requirements of the Federal Election Campaign Act of 1971, as amended, for the purpose of making direct contributions to federal candidates.  The Commission must issue a response no later than 60 days after receipt of the complete request, that is, by December 23, 2011.

Advisory Opinions and Requests are available through the Advisory Opinions search page in the Law and Regulations section of the Commission website.

ENFORCEMENT

The Commission made public one closed case.

MUR 6347
RESPONDENTS:  Phillip Brutus for Congress and Camelia Siguineau, in her official capacity as treasurer
COMPLAINANT: An individual presenting himself as Ernest Pagenel
SUBJECT:  The complaint alleged that Phillip Brutus for Congress and Siguineau, in her official capacity as treasurer, (the Committee) failed to file timely and accurate disclosure reports, including reports disclosing disbursements for a campaign sign appearing on the side of a building.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in furtherance of the Commission’s priorities relative to other matters and in light of the facts that (1) the Commission has already pursued the Committee through the Administrative Fines program for its failure to file disclosure reports in a timely manner and (2) the Committee may soon be eligible for administrative termination.

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

LITIGATION

Beam v. Petersen (formerly Beam v. Gonzales) (No 1:07-cv-01227). On October 21, the plaintiffs filed a Notice of Appeal to the United States Court of Appeals for the Seventh Circuit.  The plaintiffs are appealing only the district court''''s award of costs to the Commission.

Herron for Congress v. FEC (No. 11-cv-01466(ESH)). On October 21, the Commission filed its Answer to the Complaint in the United States District Court for the District of Columbia. Herron for Congress is seeking judicial review of the Commission’s dismissal of MUR 6386, pursuant to

2 U.S.C. 437g(a)(8).

Wagner v. FEC  (No. 11-1841). On October 19, Wendy Wagner, Lawrence Brown and Jan Miller filed a complaint 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.

CONFERENCES

On October 25-26, the Commission hosted a Regional Conference for Campaigns, Party Committees and Corporate/Labor/Trade PACs in San Diego, CA.  

UPCOMING COMMISSION MEETINGS

November 1: The Commission is scheduled to hold an Executive Session.

UPCOMING EVENTS

On November 3, the Commissioners will appear at the oversight hearing titled “Federal Election Commission: Reviewing Policies, Processes and Procedures” of the Subcommittee on Elections of the Committee on House Administration. The hearing will begin at 10:00 a.m. in Room 1310 of the Longworth House Office Building.

November 16, Washington, DC – Seminar for Nonconnected Committees. Registration information and schedule are on the 2011 Conference/Seminar Schedule 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.

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