WASHINGTON -- The Federal Election Commission has recently made public its final action on three matters previously under review (MURs). In MUR 5595, involving possible corporate contributions, electioneering communications and lack of a disclaimer, the Commission dismissed the complaint as a matter of prosecutorial discretion. In MUR 5624, the Commission sent Michael Jaliman for U.S. House of Representatives an admonishment letter for failure to report a disputed debt. This release contains only disposition information.
1. |
MUR 5595 |
|
|
|
|
|
RESPONDENT: |
(a) World Class Gun Shows, Inc.
(b) Clear Channel Communications, Inc./WFBQ Radio |
|
COMPLAINANT: |
Jennifer L. Messer
|
|
SUBJECT: |
Corporate contribution; electioneering communication; disclaimer
The complainant alleged that she heard the name “Kerry” used in an advertisement for the Gun Show on October 26, 2004, and she believed the word “Kerry” referred to the 2004 Democratic presidential candidate, John Kerry and the advertisement did not contain a disclaimer. World Class’s response to the complaint states that the advertisement was not an electioneering communication that required a disclaimer because the advertisement referenced a “carry permit,” a license to carry a handgun, not a clearly identified federal candidate. Clear Channel/WFBQ’s response disclaimed liability because it did not sponsor the advertisement and maintained no disclaimer was needed because the context of the advertisement suggests the reference could just as fairly be interpreted to be a carry permit. The Commission, as a matter of prosecutorial discretion, in the proper ordering of our priorities and resources, dismissed the complaint and closed the file. A Statement of Reasons was issued by Chairman Toner, Vice Chairman Lenhard, and Commissioner Mason, von Spakovsky, Walther and Weintraub. |
| |
DISPOSITION: |
(a-b) Dismiss the matter. |
|
DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5595 under case number in the Enforcement Query System. They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington. |
|
|
|
2. |
MUR 5624 |
|
|
|
|
|
RESPONDENTS: |
(a) Michael Jaliman for U.S. House of Representatives, Kathryn Jaliman, treasurer
(b) Michael Jaliman
(c) Philip Liebman |
|
COMPLAINANT: |
Day L. Merrill
|
|
SUBJECT: |
Failure to properly disclose disputed debt
The complainant alleged a number of violations of the law in the course of “participating” in the Jaliman campaign with her partner. The complaint consists of four basic allegations: failure to properly disclose disputed debt; setting up an on-line donation capability using a software program that would divert funds collected from on-line campaign donations into an account in the name of Mr. Jaliman’s mother; the complainant claims that Jaliman informed her and her partner that he was planning to create commercials for his consulting firm, Innovation Consultants, and to air them on cable TV to get around rules governing political advertising; and the complainant was asked to accept a confidentiality agreement in connection with their campaign services that misrepresented their relationship with the campaign. Complainant and Jaliman both agree that Complainant and her partner Michael Locey provided services to Jaliman’s campaign for which they were not initially paid. The information indicates that, while Complainant and her partner began volunteering on the campaign in late August 2004, they were to become paid staffers following Jaliman’s victory in the September 9 primary election. Because the dispute involved unpaid services rendered to Jaliman’s campaign, the Committee was required to disclose what it admitted it owed to Complainant as well as the amount Complainant claimed they were owed. The Commission found reason to believe the committee violated the law, but decided to send an admonishment letter and take no further action. With regard to the rest of the allegations, based on responses, the Commission found no reason to believe and closed this matter. |
| |
DISPOSITION: |
(a) Reason to believe, but took no further action*
[re: failure to properly disclose disputed debt]
Sent admonishment letter.
(b-c) No reason to believe*[re: any provision of the Act]
����������������������� |
|
DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 5624 under case number in the Enforcement Query System. They are also available in the FEC’s Public Records Office at 999 E St. NW in Washington. |
