WASHINGTON -- The Federal Election Commission has successfully resolved three enforcement matters through its Alternative Dispute Resolution (ADR) program. In ADR 321, the Democratic Party of Oklahoma paid a $1,000 civil penalty for failure to file independent expenditure reports.
In ADR 335, the Commission dismissed the case against Francine Busby’s committee and California State University, San Marco because immediate action was taken to remove a political biography from the University website. The Commission dismissed ADR 337, because Giffords for Congress immediately filed an amended Statement of Organization upon receiving the complaint.
The ADR program has proved very effective in expediting resolution of certain types of violations and reduced the agency’s costs for resolving some enforcement matters. This brings to 267 the total number of cases resolved through the ADR program since it began on October 2, 2000.
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. 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 in the FEC’s Press and Public Records office.
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ADR 321 |
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RESPONDENTS: |
Democratic Party of Oklahoma, Nina Ritchie, treasurer |
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SOURCE: |
FEC Initiated (RAD) |
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SUBJECT: |
Failure to file 24-Hour Notices for independent expenditures (totaling $231,000) |
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NEGOTIATED SETTLEMENT: |
$1,000 civil penalty
Respondents acknowledge a violation of FECA due to an oversight by Committee staff. Respondents have taken corrective measures such as appointing a new Committee Chairman and hiring an experienced comptroller and compliance specialist. The committee agreed to have its compliance specialist develop a compliance manual for staff reference and pay a $1,000 civil penalty. |
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 321 under case number in the Enforcement Query System. They are also available in the FECs Public Records Office at 999 E St. NW in Washington. |
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2. |
ADR 335 |
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RESPONDENTS: |
(a) Francine Busby for Congress (CA/50), Xavier Martinez, treasurer
(b) California State University, San Marco (CSUSM)
(c) California State University San Marco Foundation (Foundation)
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SOURCE: |
MUR 5719: Complainants – Republican Party of San Diego and California Republican Party |
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SUBJECT: |
Corporate contribution |
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NEGOTIATED SETTLEMENT: |
Complainants alleged that the candidate’s biography appeared in identical form on both her campaign website and on the website of CSUSM, where she is employed as an adjunct professor and that the biographies describe the candidate’s accomplishments and qualifications, while endorsing her candidacy thus serving as advertisements for the campaign. The Committee responded that the posting of the biography was done by a volunteer and there was no expenditure made by the Committee. CSUSM responded that it was not aware of the political content of the biographical statement and removed it from the University website. Faculty and staff were reminded of the prohibitions on campaign related communications. The ADR Office recommended that this matter be dismissed and the Commission agreed and closed the file.
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 335 under case number in the Enforcement Query System. They are also available in the FECs Public Records Office at 999 E St. NW in Washington. |
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3. |
ADR 337 |
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RESPONDENTS: |
Giffords for Congress (AZ/08), Laura T. Almquist, treasurer
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SOURCE: |
MUR 5735: Complainant – Scott Meyer |
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SUBJECT: |
Failure to accurately report the name of the treasurer |
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NEGOTIATED SETTLEMENT: |
The complaint alleged that Giffords for Congress failed to file an amended Statement of Organization, naming the person who has been signing the committee’s disclosure reports as the Committee’s new treasurer. Respondents contend that the failure to file FEC Form 1 was an oversight, and it filed the corrected form. The ADR Office recommended that this matter be dismissed and the Commission agreed and closed the file.
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DOCUMENTS ON PUBLIC RECORD: |
Documents from this matter are available from the Commission’s web site at http://www.fec.gov by entering 337 under case number in the Enforcement Query System. They are also available in the FECs Public Records Office at 999 E St. NW in Washington. |
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