1 BEFORE THE FEDERAL ELECTION COMMISSION 

2 

3 ENFORCEMENT PRIORITY SYSTEM 

4 DISMISSAL REPORT 

5 

6 MUR: 8015 Respondent: Dr. Sherry O’Donnell for Congress 

7 and Patrick Krason in his official 

8 capacity as treasurer 

 9 

10 Complaint Receipt Date: June 14, 2022 

11 Response Date: August 2, 2022 

12 

13 14 

15 Alleged Statutory and 52 U.S.C. §§ 30102(c)(2), (i), 30104(b)(3)(A), 30116(f) 

16 Regulatory Violations: 11 C.F.R. §§ 103.3(b)(3), 104.3(a)(4)(i), 104.7, 110.4, 110.9 

17 The Complaint alleges that Dr. Sherry O’Donnell for Congress and Patrick Krason in his 

18 official capacity as treasurer (the “Committee”) knowingly accepted an excessive contribution 

19 from an individual in the amount of $10,000; failed to properly dispose of anonymous cash 

20 contributions totaling $3,016; failed to report address, employer, and/or occupation information 

21 for 70 itemized contributions totaling $59,852.26 (including the previously-referenced excessive 

22 $10,000 contribution from an individual); and failed to disclose an address for an individual to 

23 whom a disbursement was made of $1,950, in violation of the Federal Election Campaign Act of 

1971, as amended (the “Act”).1 24 

25 In Response, the Committee states that the Reports Analysis Division (“RAD”) sent the 

26 Committee a Request for Additional Information (“RFAI”) covering most or all of the 

27 allegations in the Complaint and that the Committee “will fully respond to the RFAI and amend 

reports as necessary to provide missing information.”2 28 Further, regarding the missing 

1

 Compl. at 1-2 (June 14, 2022) (citing to Dr. Sherry O’Donnell for Congress, 2022 April Quarterly Report at 

5-39 (Apr. 15, 2022), https://docquery.fec.gov/pdf/869/202204169500000869/202204169500000869.pdf). 

2

 Resp. at 1 (“The campaign believes this MUR is being handled properly via the RFAI process and ask[s] 

that this matter be closed without further action.”) (Aug. 2, 2022); see Dr. Sherry O’Donnell for Congress, RFAI at 

1-3 (July 12, 2022), https://docquery.fec.gov/pdf/300/202207120300146300/202207120300146300.pdf. 

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EPS Dismissal Report 

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1 identification information, the Committee asserts that it reported all information in its possession 

2 and used “best efforts” including phone calls, emails, and letters to gather the required missing 

information.3 3 

4 Subsequent to the RFAI, the Committee amended its 2022 April Quarterly Report on 

5 August 16, 2022, and then again on August 19, 2022. Regarding the $10,000 excessive 

6 contribution, the amended report discloses the contribution as attributable to four individuals 

with the last name Williams residing at the same address, each in the amount of $2,500.4 7 

8 Regarding the alleged anonymous cash contributions, the amended report asserts that 

9 contributions were received at “Pass the Hat” events and that no individual contribution 

exceeded $50.5 10 Regarding the contributions with missing identification information, the 

11 amended report discloses additional information for 64 contributions totaling $43,752.26 and 

removes two others totaling $600.6 12 Also, the Committee filed a Miscellaneous Text (FEC Form 

13 99) in response to the RFAI that details its standard operating procedures for obtaining missing 

contributor information, which it contends meet or exceed the FEC requirements.7 14 Finally, 

15 regarding the disbursement with a missing payee address, the amended report discloses the 

address.8 16 

3

 Resp. at 1. 

4

 Dr. Sherry O’Donnell for Congress, 2022 April Quarterly Report at 33-34 (Aug. 19, 2022), 

https://docquery.fec.gov/pdf/172/202208199525678172/202208199525678172.pdf (reporting $2,500 contributions 

by Tina Williams, Brandon Williams, Cynthia Williams, and Shelby Williams). 

5

 Id. at 8, 10. 

6

 Id. at 5-35. Four of the contributions listed in the Complaint for a total of $3,500 continue to lack employer 

and occupation information, with “info requested” in each applicable field. 

7

 Dr. Sherry O’Donnell for Congress, Miscellaneous Text (FEC Form 99) (Mar. 6, 2023), 

https://docquery.fec.gov/pdf/766/202303069578973766/202303069578973766.pdf. 

8

 Dr. Sherry O’Donnel for Congress, 2022 April Quarterly Report at 38 (Aug. 19, 2022), 

https://docquery.fec.gov/pdf/172/202208199525678172/202208199525678172.pdf. 

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1 Based on its experience and expertise, the Commission has established an Enforcement 

2 Priority System using formal, pre-determined scoring criteria to allocate agency resources and 

3 assess whether matters warrant further administrative enforcement proceedings. These criteria 

4 include (1) the gravity of the alleged violation, taking into account both the type of activity and 

5 the amount in violation; (2) the apparent impact the alleged violation may have had on the 

6 electoral process; (3) the complexity of the legal issues raised in the matter; and (4) recent trends 

7 in potential violations and other developments in the law. This matter is rated as low priority for 

8 Commission action after application of these pre-established criteria. Given that low rating, as 

9 well as the remedial steps which the Committee has taken, we recommend that the Commission 

10 dismiss the Complaint consistent with the Commission’s prosecutorial discretion to determine 

the proper ordering of its priorities and use of agency resources.9 11 We also recommend that the 

12 Commission close the file and send the appropriate letters. 

13 

14 Lisa J. Stevenson 

15 Acting General Counsel 

16 

17 

18 

19 Charles Kitcher 

20 Associate General Counsel for 

21 Enforcement 

22 

23 

24 ___________________ BY: ___________________ 

25 Date Claudio J. Pavia 

26 Deputy Associate General Counsel 

27 for Enforcement 

28 

29 

30 ___________________ 

31 Wanda Brown 

32 Assistant General Counsel 

33 

9 Heckler v. Chaney, 470 U.S. 821, 831-32 (1985). 

February 5, 2024

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1 

2 ____________________ 

3 Gordon King 

4 Attorney 

MUR801500063