Weekly Digest

For Immediate Release	Contact:	Judith Ingram
September 7 , 2012		Julia Queen
		Christian Hilland

		ISSUE 2012-36

Weekly Digest

Week of September 3 – 7

COMMISSION MEETINGS AND HEARINGS

No Commission Executive Sessions or open meetings were scheduled this week.

ADVISORY OPINIONS

Advisory Opinions Issued

AO 2012-30 (Revolution Messaging, LLC). On September 4, the Commission approved Advisory Opinion 2012-30. The Commission concluded that the requestor’s proposal (1) to enable the processing of contributions by text message to a political committee in excess of $50 per billing cycle and $200 per calendar year or election cycle, and (2) to use shared premium short codes by multiple federal committees to process contributions by text message complies with the Federal Election Campaign Act of 1971, as amended, and Commission regulations.

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

MUR 6525
COMPLAINANT: Jonathon Moseley
RESPONDENT: Friends of Christine O’Donnell 08 (aka Friends of Christine O’Donnell) and Matthew J. Moran, in his official capacity as treasurer
SUBJECT: The complaint alleged that Friends of Christine O’Donnell 08 and Moran, in his official capacity as treasurer, (the Committee) owed Moseley for unreimbursed expenses and work he performed for the campaign. O’Donnell was a 2008 candidate for Delaware’s Senate seat.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in light of (1) the fact that it appears that the Committee previously reported the full $1,300 in debt it believed it owed to Moseley and (2) the relatively small amount of remaining debt. The Commission sent a letter reminding the Committee of its reporting requirements concerning debts owed.

ALTERNATIVE DISPUTE RESOLUTION

The Commission made public one campaign finance enforcement matter that was resolved through its Alternative Dispute Resolution (ADR) program.

ADR 615 – National Committee to Preserve Social Security & Medicare PAC and Christine Kim, in her official capacity as treasurer. The respondent agreed to (1) implement compliance measures and (2) pay a civil penalty of $7,500.

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

LITIGATION

Dan La Botz v. FEC (Case 1:11-cv-01247-RC). On September 5, the United States District Court for the District of Columbia issued a Memorandum Opinion and Order denying the Commission's motion to dismiss and remanding the matter to the Commission for "proceedings consistent with the court's opinion.” The plaintiff La Botz challenged the dismissal of an administrative complaint (MUR 6383) he filed with the Commission in 2010.

FEC v. Craig for U.S. Senate (Case 1:12-cv-00958-ABJ). On September 4, the Commission filed a Memorandum in Opposition to Defendants’ Motion to Dismiss in the United States District Court for the District of Columbia.

Hispanic Leadership Fund, Inc. v. FEC (Case 1:12-cv-00893-TSE-TRJ). On September 6, the plaintiff filed an Additional Brief in Support of its Motion for Preliminary Injunction in the United States District Court for the Eastern District of Virginia Alexandria Division.

Shaun McCutcheon, et al. v. FEC (Case 1:12-cv-01034-JEB-JRB-RLW). On September 4, the plaintiffs filed an Opposition to Motion to Dismiss in the United States District Court for the District of Columbia. On September 6, a three-judge court heard arguments on plaintiffs' constitutional challenge to the $117,000 aggregate biennial limit on individual contributions.

Virginia James v. FEC (Case 1:12-cv-01451). On August 31, the plaintiff filed a complaint in the United States District Court for the District of Columbia. The complaint challenges the aggregate biennial limit on contributions to candidate committees under the Bipartisan Campaign Reform Act. On September 5, the plaintiff filed an Application for Three-Judge Court and Memorandum in Support. On the same day the plaintiff filed a Motion for Preliminary Injunction.

Vroom v. FEC (Case 1:12-cv-0143-RMC). On September 4, the plaintiff filed an Opposition to the Commission’s Motion to Dismiss in the United States District Court for the District of Columbia.

OUTREACH

On September 5, Senior Communications Specialist Dorothy Yeager discussed recent developments in campaign finance law with a multi-regional group of government and political leaders as part of the State Department's International Visitor Leadership Program.

On September 6, Communications Specialist Isaac Baker discussed the Commission's mission and enforcement processes with government and political leaders from Afghanistan as part of the State Department's International Visitor Leadership Program.

On September 6, Communications Specialist Myles Martin discussed campaign finance law and Commission operations with representatives of the Center for American Studies Foundation, an Argentinian non-profit group.

On September 6, Chair Caroline C. Hunter spoke about recent developments at the Commission at the Practicing Law Institute’s seminar, “Corporate Political Activities 2012: Complying With Campaign Finance, Lobbying and Ethics Laws.” General Counsel Anthony Herman addressed the group on September 7.

PRESS RELEASES

FEC Issues Advisory Opinion (issued September 5)

UPCOMING COMMISSION MEETING

December 12: The public hearing originally scheduled on September 12, 2012, has been rescheduled for Wednesday, December 12, 2012 at 10:00 a.m. The Commission will discuss several key issues related to its enforcement process, including issues relating to the documents that were released to the public recently. Any general questions and comments related to the documents can be sent to Documents_Feedback@fec.gov.

UPCOMING EDUCATIONAL PROGRAMS

October 3, Federal Election Commission, Washington, DC. Roundtable Workshops on Reporting for Candidate Committees. Additional information is available on the Educational Outreach page of the Commission website.

October 3, Federal Election Commission, Washington, DC. Roundtable Workshops on FECFiling & E-Filing for PACs and Party Committees. Additional information is available on the Educational Outreach page of the Commission website.

October 3, Federal Election Commission, Washington, DC. Roundtable Workshops on Reporting for PACs and Party Committees. Additional information is available on the Educational Outreach page of the Commission website.

October 3, Federal Election Commission, Washington, DC. Roundtable Workshops on FECFiling & E-Filing for Candidate Committees. Additional information is available on the Educational Outreach page of the Commission website.

UPCOMING REPORTING DUE DATES

September 20: September Monthly Reports are due. For more information on monthly reporting dates, refer to the 2012 Monthly Reporting page of the Commission website.

October 15: October Quarterly Reports are due. For information on quarterly reporting dates, refer to the 2012 Quarterly Reporting page of the Commission website.

October 20: October Monthly Reports are due. For more information on monthly reporting dates, refer to the 2012 Monthly Reporting page of the Commission website.

The Commission posted the filing deadlines for the Special Election in Kentucky’s 4th Congressional District. For information on reporting dates for this election, refer to the Special Election Report Notice.

OTHER RESOURCES

The 2012 edition of the Combined Federal State Disclosure and Election Directory is available in the Public Records section of the Commission website. This publication identifies the federal and state agencies responsible for the disclosure of campaign finances, lobbying, personal finances, public financing, candidates on the ballot, election results, spending on state initiatives and other financial filings.

The Record news page is available in the Publications section of the Commission website. Sign up to receive email notification when new articles are posted.

Printed copies of the 2012 edition of Title 11 of the Code of Federal Regulations are now available. To order, call (800)424-9530 (press 6) or send an email to info@fec.gov.