WASHINGTON -- The Federal Election Commission has successfully resolved two enforcement matters through its Alternative Dispute Resolution (ADR) program.
In ADR 323, the Colorado Republican Campaign Committee paid a $1,800 civil penalty for failing to report all disbursements on its 2005 August Monthly Report.
In ADR 350, the Commission dismissed a complaint against Montanans for Lindeen and Monica Lindeen regarding alleged inadequate disclaimers. Respondents stated that upon learning of the possible inadequacies, boxes were added to disclaimers included on certain hand painted campaign signs, so that all communications complied with the law.
The FEC’s innovative ADR program has proven very effective at quickly resolving basic violations and reducing the agency’s costs for resolving enforcement matters. Since its inception on October 2, 2000, the ADR program has resolved 283 cases.
The ADR process is designed to reach an expedient resolution with a mutually agreeable settlement that is in compliance with the Federal Election Campaign Act (FECA). For a case to be considered for ADR treatment, a respondent must express willingness to engage in the ADR process, agree to set aside the statute of limitations while the case is being resolved and participate in mediation if necessary. Resolutions are submitted to the Commissioners for final approval. Closed ADR negotiated settlement summaries are available on the FEC’s web site and through the Public Records office.
1. |
ADR 323 |
|
|
|
|
|
RESPONDENT: |
Colorado Republican Federal Campaign Committee, Joseph H. Chavez, treasurer |
|
SOURCE: |
FEC Initiated (RAD) |
|
SUBJECT: |
Failure to report disbursements accurately |
|
NEGOTIATED SETTLEMENT: |
$1,800 civil penalty
Respondents acknowledge they committed an inadvertent violation of the FECA because their original 2005 August monthly report did not disclose $64,705 in disbursements due to problems with computer software. Respondents believe that the software errors have been corrected, and they have taken the proactive step of having each report manually reviewed before filing with the Commission. Respondents agree to:
- develop a compliance manual for Committee staff use;
- appoint a compliance officer;
- send a representative to a FEC seminar within 12 months; and
- pay a $1,800 civil penalty.
|
|
DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 323 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. |
ADR 350 |
|
|
|
|
|
RESPONDENT: |
(a) Montanans for Lindeen, Paul Ringling, treasurer
(b) Monica Lindeen |
|
SOURCE: |
MUR 5769: Montana Republican Party |
|
SUBJECT: |
Disclaimers |
|
NEGOTIATED SETTLEMENT: |
The complaint alleged that Montanans for Lindeen violated the law because the Committee failed to include adequate disclaimers on campaign materials. Respondents contend that the Committee’s signs featured in photographs submitted by the complainant were hand painted and not “printed materials” that required a box around the disclaimer. Respondents stated that boxes were subsequently added to the hand painted signs, so that all communications complied with the law. Due in part to uncertainty regarding the complained of materials, and the fact that the Committee appears to have promptly corrected any deficiencies, the Commission dismissed 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 350 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. |
# # #
###
|
