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The Score FEC Weekly Digest - FEC Press Release

For Immediate Release

Contact

Judith Ingram

August 3, 2012

Julia Queen
  Christian Hilland
   
 

ISSUE 2012-31

COMMISSION MEETINGS AND HEARINGS

On July 31, the Commission held an Executive Session. Click here for Sunshine Act Notices for Executive Sessions.

On August 2, the Commission held an Open Meeting. Click here for agendas and related documents for open meetings. Click here for audio recordings for selected meetings, hearings and presentations.

ADVISORY OPINIONS

Advisory Opinions Issued

AO 2012-22 (skimmerhat). Skimmerhat is a for-profit corporation, registered in Delaware, that proposes to establish a website for users to search and contribute to federal candidates using geographic location, ideological similarities, or single-issue positions as search criteria. On August 2, the Commission concluded that skimmerhat’s proposed platform would be permissible under theFederal Election Campaign Act of 1971, as amended, (the Act) and Commission regulations.

AO 2012-23 (Snake River Sugar Company, et al.). Snake River Sugar Company (Snake River) is an incorporated agricultural cooperative that purchases sugar beets from growers and is the connected organization for Snake River PAC, a separate segregated fund. Snake River and seven regional growers' associations (the Associations) asked whether (1) the Associations are "trade associations" under the Act and Commission regulations; (2) the Associations and Snake River are “affiliated” for purposes of the Act and Commission regulations; and (3) the Associations may solicit contributions to Snake River PAC from the shareholders and executive and administrative personnel, and their families, of their incorporated members. On August 2, the Commission concluded that the Associations are trade associations affiliated with Snake River, and that they may therefore solicit their members, executive and administrative personnel and their families as well as the shareholders and executive and administrative personnel of their corporate members and their families that have provided prior approval for such solicitations, for contributions to Snake River PAC.

Advisory Opinions Considered

AOR 2012-24 (Dean Peterson). On August 2, the Commission discussed and voted on two draft advisory opinions based on a request from Dean Peterson. Peterson plans to form a limited liability company that will publish and distribute an autobiography by Lee Byberg, who is a candidate for the U.S. House of Representatives in Minnesota. Both drafts approved requestor’s plans as presented in the request but with different reasoning, as explained in Draft A and Revised Draft B.

AOR 2012-26 (Cooper for Congress, ArmourMedia, Inc., and m-Qube, Inc. ). On August 2, the Commission discussed a draft advisory opinion based on a request from Cooper for Congress, ArmourMedia, Inc., and m-Qube, Inc. but could not hold a vote in order to allow the comment period under 2 U.S.C. § 437f(d) to conclude. The requestors ask whether their proposal to use mobile phone text messaging to process and raise contributions is permissible under the Act and Commission regulations. During the discussion, the Commission heard from counsel on behalf of the requestors. The Commission will accept comments on the request and the draft until the close of business on August 7. The Commission intends to vote next week on tally, after the comment period closes. On July 27 and 31, the Commission received comments on this AOR.

AOR 2012-28 (CTIA - The Wireless Association). On August 2, the Commission discussed an advisory opinion request from CTIA - The Wireless Association. The requestor asks whether the proposal to process contributions to political committees by text message is permissible under the Act and Commission regulations.During the discussion, the Commission heard from counsel on behalf of CTIA – The Wireless Association. The Commission will accept comments on the request until the close of business on August 7. The Commission intends to vote next week on tally, after the comment period closes. On July 31 and August 1, the Commission received comments on this AOR.

Advisory Opinions and Requests are available through the Advisory Opinions search page in the Law and Regulations section of the Commission website.

AUDITS

Final Audit Report on National Council of Farmer Cooperatives CO-OP/PAC. On August 2, the Commission made public the Final Audit Report on National Council of Farmer Cooperatives CO-OP/PAC, covering campaign finance activity between January 1, 2009 and December 31, 2010. The Commission found (1) misstatement of financial activity; (2) failure to disclose occupation and name of employer; and (3) failure to disclose correct candidate information.

LITIGATION

Beam v. Hunter (formerly Beam v. Petersen) (No. 11-3386). On July 30, the Commission filed its Brief in the United States Court of Appeals for the Seventh Circuit.

FEC v. Craig for U.S. Senate (No. 12-cv-00958 (ABJ)). On August 2, the defendants filed a Motion to Dismiss in the United States District Court for the District of Columbia.

PRESS RELEASES

FEC Approves Two Advisory Opinions, Discusses Three Requests (issued on August 2)

UPCOMING EDUCATIONAL PROGRAMS

August 28, Washington, DC. Roundtable Workshop on Pre-Election Communications. Additional information is available on the Educational Outreach page of the Commission website.

UPCOMING REPORTING DUE DATES

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

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.

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