FEDERAL ELECTION COMMISSION 

WASHINGTON, D C 20463 

MEMORANDUM TO THE COMMISSION SECRETARY 

FROM: COMMISSIONER DAVID MASON @- ' 

SUBJECT: ' STATEMENT OF REASONS -ADR 271/MUR 5649 

DATE: NOVEMBER 10,2005 

. I 

The attached Statement of Reasons for ADR 271/MUR 5649 replaces the Statement of 

Reasons dated November 9,2005 circulated yesterday'by your Office. We ask that the 

earlier document be withdrawn. Thank you. 
FEDERAL ELECTION COMMISSION 

WASHINGTON, D C 20463 

BEFORE THE FEDERAL ELECTION COMMISSION 

In the Matter of ) 

)

Taff for Congress, and 1 ADR 271/MUR 5649 

Kimberly S. Stewart, Treasurer 1 

STATEMENT OF REASONS OF CHAIRMAN SCOTT E. THOMAS, VICE CHAIRMAN 

MICHAEL E. TONER AND COMMISSIONERS DAVID M. MASON, 

DANNY L. McDONALD AND ELLEN L. WEINTRAUB 

Adam Taff was a candidate for the United States House of Representatives in the 2004 primary 

and general elections. *The complaint alleges that during the primary campaign his authorized 

committee, Taff for Congress, paid for computer-generated telephone-bank calls without a disclaimer, 

an omission Respondents admit but argue was inadvertent. On October 20,2005, the Commission 

voted 5 to 0’ to reject a settlement agreement proposed through our Alternative Dispute Resolution 

(“ADR’)Program, dismiss this matter, and close the file. 

The Federal Election Campaign Act (“FECA”) provides that when a political committee makes 

a disbursement for a communication “through any broadcasting station, newspaper, magazine, outdoor 

advertising facility, mailing, or any other type of general public political advertising,” the 

communication, “if paid for and authorized by a candidate, an authorized political committee of a 

candidate, or its agents, shall clearly state that the communication has been paid for by such authorized 

political committee ....” 2 U.S.C. 0 441d(a)(l) (2002). 

Parallel’ Commission regulations apply this disclamer requirement to all public 

communications for which a political‘committee makes a disbursement. 1 1C.F.R. 0 1 10.1 1 (a)( 1) 

(2002). Effective November 6,2002, the date following the 2002 general elections, see Prohibited and 

Excessive Contributions: Non-Federal Funds or Soft Money, 67 Fed. Reg. 49064,49064 (July 29, 

2002), the term “public communications” includes telephone banks to the general public: 

Public communication means a communication by means of any broadcast, cable or satellite 

communication, newspaper, magazine, outdoor advertising facility, mass mailing or telephone 

bank to the general public, or any other form of general public political advertising. The term 

public communication shall not include communications over the Internet. 

’ Chairman Thomas, Vice Chairman Toner and Commissioners Mason, McDonald, and Weintraub voted for the motion The 

Commission has five members because Commissioner Smith left the Commission in August 2005 
ADR 271/MUR 5649 

Statement of Reasons 

Page 2 of 2 

11 C.F.R. 8 100.26 (2002). 

The Commission initially referred this matter to ADR, because the matter was low rated and 

not worthy of the resources it would have taken to pursue through the standard enforcement track. 

. Thereafter, Taff was indicted on other campaign-related matters.2 

To avoid potential conflict between ADR and Commission enforcement, Commission 

procedures prohibit referring to ADR any respondents who have other enforcement matters 

outstanding. Even when there are no other civil enforcement matters against particular respondents, a 

criminal indictment of those respondents could eventually lead to this agency activating an 

enforcement matter. In light of the indictment against Taff, and because ADR remedies may have 

conflicted with the criminal case, the Commission rejected the proposed settlement agreement. 

The Commission then dismissed this matter based on prosecutorial discretion. See Heckler v. 

Chaney, 470 U.S. 821 (1985). The 2004 election cycle was the first in which the disclaimer 

requirement applied to telephone banks, and some committees were unaware of this. Moreover, the 

Taff for Congress telephone calls in question appear not to have been numerous, the campaign is in 

debt, and the candidate has said he is not running again. Under these circumstances, pursuing the less 

serious alleged disclaimer violation is not worthy of the Corimission's limited resources while the 

more serious indictment is pending. 

November 10,2005 

Michael E. Toner 

Chairman ViceChairman ' 

a-4 @/ga4#&!4

Danny L. Mcbonald 

Commissioner Commissioner 

. 

L-lLh!/dAd--

Ellen L. Weintraub 

Commissioner 

See Brad Cooper, Robert A Cronkleton & Steve Kraske, Adam Taffindicted in fraud case, KANSASCITYSTAR(Aug 18, 2005) 

(available at http.//www kansascity com/mld/kansascity/l24 10383 htm) (visited Oct 6,2005) 

2 
FEDERAL ELECTION COMMISSION 

Washington DC 20463 

THIS IS THE END OF ADR CASE # d 71 

DATE SCANNED 

SCANNER NO. / 

SCAN OPERATOR 5x4