Weekly Digest

Weekly Digest

Week of March 21 – 25

COMMISSION MEETINGS

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

ENFORCEMENT

The Commission made public three closed cases and one Statement of Reasons.

MUR 6331
RESPONDENTS: Committee to Elect Shirley Gibson for Congress and Sidney C. Calloway, in his official capacity as treasurer.
COMPLAINANT: Cynthia Green
SUBJECT: The complaint alleged that the Committee to Elect Shirley Gibson for Congress (the Committee) and Calloway, in his official capacity as treasurer, (1) failed to include a disclaimer on a fundraiser invitation and (2) included several corporate logos on the invitation, suggesting corporate endorsement or sponsorship of the campaign. Gibson was a 2010 candidate for Florida’s 17th Congressional District.
OUTCOME: The Commission dismissed the matter because (1) the invitation apparently included appropriate disclaimer information and (2) Calloway, in his official capacity as treasurer, filed a sworn affidavit denying that the Committee had sought corporate endorsements and contributions. The Commission sent a letter reminding the Committee to Elect Shirley Gibson for Congress and Calloway, in his official capacity as treasurer, of the prohibition on acceptance of in-kind corporation contributions.

MUR 6337
RESPONDENTS: Jay Riemersma for Congress Campaign Committee and John Faber, in his official capacity as treasurer; Republican Member Senate Fund and Scott B. MacKenzie, in his official capacity as treasurer; John Patrick Yob and Strategic National Campaign Management LLC; and Charles Yob. COMPLAINANT: James R. Barry
SUBJECT: The complaint alleged that (1) the Republican Member Senate Fund (the Fund) coordinated with the Jay Riemersma for Congress Campaign Committee and Faber, in his official capacity as treasurer (the Committee), in spending on radio ads promoting Riemersma’s candidacy through a common vendor, John Yob and his father Charles Yob, and (2) the Committee thus received excessive contributions. The complaint alleged further that the Committee accepted anonymous cash contributions in excess of $50. Riemersma was a 2010 primary candidate for Michigan’s 2nd Congressional District.
OUTCOME: The Commission found no reason to believe the respondents violated the Federal Election Campaign Act of 1971, as amended, because (1) the complaint contained no specific information indicating that any of the conduct standards of the coordinated communications rules were satisfied in this matter, and (2) no information was provided that contradicts the Committee’s explanation that the anonymous contributions were in amounts of less than $50.

MUR 6349
RESPONDENTS: Brumberg for Congress and Dr. Barry Brumberg, in his official capacity as treasurer; and David Ryan Brumberg.
COMPLAINANT: David B. Bouek
SUBJECT: The complaint alleged that Brumberg for Congress (the Committee), David Ryan Brumberg and Dr. Barry Brumberg, in his official capacity as treasurer, received and failed to report in a timely manner excessive in-kind contributions in the form of office space that the Committee leased at a rate below the usual fair-market value. David Ryan Brumberg was a 2010 candidate in New York’s 14th Congressional District.
OUTCOME: The Commission found no reason to believe that the Committee failed to report its rental payments properly or paid less than the fair-market value in rent because there was no supporting information.

MUR 6348
RESPONDENTS: David Schweikert for Congress and Joyce Schweikert, in her official capacity as treasurer.
A Statement of Reasons was issued by Vice Chair Caroline C. Hunter and Commissioners Donald F. McGahn and Matthew S. Petersen.

For information regarding each of the above matters, see the case documents in the Enforcement Query System.

ALTERNATIVE DISPUTE RESOLUTION

The Commission made public two campaign finance enforcement matters that were resolved through its Alternative Dispute Resolution (ADR) program.

ADR 549 – American Resort Development Association Resort Owners Coalition PAC and the Committee’s treasurer. The respondents agreed to (1) implement compliance measures and (2) pay a civil penalty of $1,500.

ADR 555 – Westmoreland for Congress and Ann B. Hand, in her official capacity as treasurer. The respondents agreed to (1) implement compliance measures, (2) send a representative to an FEC conference and (3) pay a civil penalty of $1,500.

 For more information, see the case documents in the Enforcement Query System.

LITIGATION

Cao v. FEC (No. 10-776). On March 21, the United States Supreme Court issued an order denying the petition for a Writ of Certiorari filed by Cao and the Republican National Committee.

Libertarian National Committee, Inc. (LNC) v. Federal Election Commission (No. 1:11-cv-00562-RLW). On March 17, the LNC filed a complaint in the United States District Court for the District of Columbia. The complaint challenges the constitutionality of the amount limitations in the Federal Election Campaign Act of 1971, as amended, as applied to national party committees' solicitation and acceptance of contributions made through decedents’ bequests.  On March 24, the district court issued an order granting the plaintiff's Application for Three-Judge Court.

OUTREACH

On March 19, Commissioner Donald F. McGahn and Adav Noti of the Office of General Counsel participated in a symposium hosted by the Journal of Law & Politics at the University of Virginia's Law School in Charlottesville. The symposium focused on the effects of Citizens United v. FEC . Commissioner McGahn delivered the keynote address and Mr. Noti participated in a panel discussion on the ruling.

UPCOMING REPORTING DUE DATES

April 15: April Quarterly Reports are due. For information on quarterly reporting dates, refer to the 2011 Quarterly Reporting page of the FEC website.

April 20: April Monthly Reports are due. For more information on monthly reporting dates, refer to the 2011 Monthly Reporting page of the FEC website.

UPCOMING EVENTS

April 6, 2011, Washington, DC. FEC Seminar for House and Senate Campaign Committees. Registration information and schedule are on the 2011 Conference/Seminar Schedule page of the FEC website.

May 11, 2011, Washington, DC. FEC Seminar for Corporations and their PACs. Registration information and schedule are on the 2011 Conference/Seminar Schedule page of the FEC website.

OTHER RESOURCES

The March 2011 issue of The Record is in the Publications section of the FEC website. Sign up to receive email notification when a new issue of the Record is posted.

The March 2011 Supplements to the FEC’s Campaign Guides are on the Campaign Guides page of the FEC website.

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