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BEFORE THE FEDERAL ELECTION COMMISSION 

In the Matter of 

American Conservative Union, et al. 

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) MUR6920 

) 

CERTIFICATION 

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CELA 

I, Dayna C. Brown, recording secretary of the Federal Election Commission executive 

session, do hereby certify that on September 20, 2017, the Commission took the fol owing 

actions in the above-captioned matter: 

1. Failed by a vote of 2-3 to: 

.I 

a. Find probable cause to believe that American Conservative Union violated 52 

§ U.S.C. 30122 and 11 C.F.R. § I10.4(b)(l)(ii). 

b. Approve the conciliation agreement with American Conservative Union, 

as recommended in the Memorandum from the Acting General Counsel 

dated September 15, 2017. 

c. Approve the appropriate letter. 

d. Find reason to believe that Incentive Discretionary Trust and Charles 

Harris, as trustee, violated 52 U.S.C. § 30122 by making a contribution μi 

the name of another or by assisting in the making of a contribution in the 

name of another. 

e. Authorize the Office of the General Counsel to file a subpoena 

enforcement suit in United States District Court against Incentive 

Discretionary Trust and Charles Harris, as trustee. 

f. Approve the Factual and Legal Analysis as recommended in the Third 

General Counsel's dated September 15, 2017, as amended at the Table. 

g. Approve the appropriate letters. 
Federal Election Commission 

Certification MUR 6920 

September 20, 2017 

h. Approve the use of compulsory process as necessary. 

1. Deny Keller's motion to quash. 

J. Approve the appropriate letter. 

Page2 

k. Grant the Office of General Counsel authority to file suit to enforce the 

subpoenas to submit written answers and appear for a deposition directed 

to Gregg Keller if Keller fails to sit for a deposition within 7 days of 

receiving notice of the Commission's ruling on his motion to quash and 

the Office of General Counsel deems it necessary to seek enforcement. 

l. Approve a global conciliation effort based on the draft conciliation 

circulated by the Office General Counsel on September 19, 2017. 

Commissioners Walther and Weintraub voted affirmatively for the motion. 

Commissioners Goodman, Hunter, and Petersen dissented. 

2. Decided by a vote of 5-0 to: 

a. Find probable cause to believe that American Conservative Union violated 52 

§ U.S.C. 30122 and 11 C.F.R. § 110.4(b)(l)(ii). 

b. Authorize the Office General Counsel to pursue conciliation during the 

required 30-day period, subject to the edited global conciliation agreement. 

c. If it is the decision of the Office of General Counsel to issue a probable cause 

brief to Government Integrity, LLC, pursuant to 52 U.S.C. § 30109(a)(3), that 

it do so forthwith. 

d. Authorize the Office of General Counsel to engage in pre-probable cause 

conciliation with Government Integrity, LLC, subject to the edited global 

conciliation agreement. 

e. If it is the decision of the Office of General Counsel to issue a probable cause 

brief to Now or Never PAC, pursuant to 52 U.S.C. § 30109(a)(3), that it do so 

forthwith. 

f. Authorize the Office of General Counsel to engage in pre-probable cause 

conciliation with Now or Never PAC, subject to the edited global conciliation 

agreement. 
Federal Election Commission 

Certification MUR 6920 

September 20, 201 7 

Page3 

g. If it is the decision of the Office of General Counsel to issue a probable cause 

brief to James C. Thomas, III, pursuant to 52 U.S.C. § 30109(a)(3), that it do 

so forthwith. 

h. Authorize the Office of General Counsel to engage in pre-probable cause 

conciliation with James C. Thomas, III, subject to the edited global 

conciliation agreement. 

1. Approve the conciliation agreement with American Conservative Union, as 

recommended in the Memorandum from the Acting General Counsel dated 

September 15, 2017, 

J. Deny Mr. Keller's motion to quash the subpoena. 

k. Take no action at this time on the remaining recommendations of the 

Office of General Counsel. 

Commissioners Goodman, Hunter, Petersen, Walther, and Weintraub voted affirmatively 

for the decision. 

WH\ bw 2-1( io,1 

Date Dayna C. Brown 

Secretary and Clerk of the Commission