ReCElVED 

P .^ ^ ^ O I I I I I I r-^ PcOEK/^L ELECTIOH 

ITTA& GIBLIN LLP 

Attorneys at Law 

2013 MAY - 7 PM 2 : 5 2 120 Broadway 

28^ Floor 

New York, New York 10271 

Telephone: (212)652.3890 

Facsimile: (212) 652-3891 

Vito R. Pitta 

Associate 

Direct Dial: (212)652-3881 

vn3itta@pittaQiblin.com 

April 29, 2013 

Via Certified Mail 

Comir.ission Secretary 

Federal Election Commission 

999 E Street, NW 

Washmgton, DC 20463 

Re: Elizabeth Crowley for Congress 

Request for Consideration of a Legal Question 

* . . ' . ' ' . • , • 

Dear Commissioners: 

We submit this Request for Consideration of a Legal Question on behalf of Elizabeth 

Crowley for Congress ("Committee") regarding certain redesignations of contributions received 

in connection with the 2012 General Election for New York's 6'*^ Congressional District; 

Wr request consideration by the Federal Election-Commission-("FEC" or "Commission") 

of the iollowing legal question: 

IVheiht'r FEC regulation II CFR IIO. I (b)(5) permits the redesignation of contributions 

'cceiveU in connect ion with ihe 2012 General Election by the authorized car>^paign comnutlee of 

a candidaie for the House of Representatives, after losing the Primary Election, to non-federal 

campaign committees of the same candidate upon obtaining authorization from contributors? 

Ms. Crowley was a candidate for the 2012 Primary Election for the 6'** Congressional 

District of New York. While a candidate for the House of Representatives, Ms. Crowley was also 

an elected Member of the New York City Council in New York City's 30"' Council District and 

the eiected female District Leader in New York'State's 38'*' Assembly District. Prior to 

beginfiing her congressional candidacy, Ms. Crowley had anticipated running for reelection as 

both Member of the New York City Council (in the 2013 elections) and District Leader (in the 

2012'elections); in order to support of both of those candidacies, Ms. Crowley had previously 

established local campaign committees, that were registered with and reported to local campaign 

financoregulatory bodies. 

{00554513 DOC / J 
Federal Eiection Commission 

April 29,2013 

Page 2 

In order to support her federal candidacy, Ms. Crowley's authorized campaign committee 

accepted contributions for both the 2012 Primary and General Elections, in accordance with the 

restrictions imposed on such contributions by the Federal Campaign Finance Act ("FECA") and 

FEC's regulations. After losing the Primary Election, Ms. Crowley terminated her federal 

candidacy, and the Committee undertook a winding down of its operations. One part of such 

winding down was the disposition of contributions accepted by the Committee for the General 

Election. 

Pursuant to FEC Regulation 11 CFR 102.9(e)(3), once Ms. Crowley lost the Primary 

Election, she was prevented from being a candidate for 6th Congressional District in the General 

Election, and the contributions she received in anticipation of that candidacy needed to be 

refunded, redesignated in accordance with 11 CFR 110.1(b)(5), or reattributed in accordance 

with 11 CFR I10.1(k)(3). 

With respect to the contributions the Committee had received for the General Election, 

the Commitiee: 

1) contacted each contributor; 

2) notified the contributor of the impending termination of the Committee; and 

3) offered the contributor the option of a refund of his or her contribution or the ability 

to redesignate the contribution to a different (New York State) election. 

As previously indicated, Ms. Crowley, at the time of the refunds and redesignations, was 

a candidate for New York State district leader in the September, 2012 New York State 

democratic primary election and was an incumbent Member of the New York City Council, 

eligible for reelection in 2013. For contributors that chose to redesignate their contributions to a 

different election, the Committee obtained signed authorization forms that expressly authorize 

such redesignations. 

Indeed, several of the instant redesignated contributions were in fact contributions, 

origitirtlly made to Ms. Crowley's New York City Council campaign account that v,'sre rctunded 

from that account to the contributors and then resolicited for contribution to the federal campaign 

account. After the Ms. Crowley's defeat in the Primary Election, those contributions were 

redesignated to those very same contributors, after obtaining their authorization. Clearly, both 

from the fact that several of the redesignated contributions were originally made to the nonfederal campaign accounts to which they were redesignated subsequent to the Primary Election, 

and from the fact that the campaign obtained authorization from each contributor before 

redesignating his or her contribution to one of Ms. Crowley's non-federal campaign account, the 

campaign never converted contributions it received for the General Election to a use not 

anticipated or authorized by the contributors. 

;005545l J !X)C / } 
Federal Election Commission 

April 29, 2013 

Page 3 

The Committee never treated the contributions designated for the General Election as the 

Committee's funds. At all times. General Election funds were segregated from Primary Election 

funds, not used in connection with the Primary Election, and not converted to personal use. 

Indeed, by contacting contributors, offering them a refund, and seeking affirmative authorization 

of any redesignation, the Committee believed itself to be in full compliance with FEC 

regulations. Ultimately, contributions totaling $16,252 were refunded to contributors that have 

requested refunds. Eight contributions, totaling $19,950 were redesignated to different state and 

local election campaign accounts of Ms. Crowley. 

In effect the Committee took steps to efficiently combine the process of issuing refunds 

of ali Cieneral Eliection contributions and resoliciting new state and local election contributions 

from those same contributors. It is very clear that had those steps not been combined into one 

that the Committee would not be subject to the current compliance inquiry. Attached to this 

submission is a chart ("Exhibit A") that shows which contributions were refunded and which 

contributions were redesignated to the candidate's state and local campaign committee accounts. 

Should you need any additional backup documentation demonstrating the refunds, written 

authorizations for redesignation, and transfer of funds, the Committee is happy to provide it. 

Should the Commission determine that the redesignations were not permissible; the 

Committee would request the ability to reverse the transactions and cure anything that the 

Commission believes to be a violation. Ms. Crowley was a first time candidate that acted in good 

faith in attempting to adhere to FEC regulations. Indeed, in its effort to comply with the law and 

regulations, the Committee relied upon FEC Advisory Opinion 2012-06 which addressed a 

materially indistinguishable set of facts. The Opinion was in response to a request from 

Rickperry.org. In Advisory Opinion 2012-06, the FEC, considering redesignations of 

contributions accepted for the Presidential General Election to Governor Perry's state campaign 

commitiee, chose not to prohibit the course of action. Beyond the FEC's Advisory Opinion 

2012-06. we believe the procedure implemented by the Committee comports with FECA and 

FEC regulations, as well as the policy that governs them. The FEC has expressly acknowledged 

that redesignations to federal campaign committees for future elections for federal office are 

permissible. See Advisory Opinion 2008-04. There is nothing in FECA. oi in FEC regulations 

that requires a redesignation to a campaign committee for state office be treated differently. 

FEC regulation 11 CFR 102.9(e)(3) provides, "If a candidate is not a candidate in the 

general election, any contributions made for the general election shall be refunded to the 

contributors, redesignated in accordance with 11 CFR 110.1(b)(5) or 110.2(b)(5), or reattributed 

in accordance with 11 CFR 110.1(k)(3), as appropriate." Although FEC regulations define 

election as one for federal office, the rationale for the above-cited regulation suggests that, in the 

context of a redesignation (i.e. obtaining the express authorization of the original contributor to 

use funds contributed for a different election), "election" should be construed broadly to 

encompass any future election. 

1005545) 3.IXJC/ ) 
Federal Eiilection Commission 

April 29,2013 

Page 4 

Thank you in advance for your consideration of this matter. 

RespectfiiriiyTubmitted, 

VRP/mw 

End. 

{005545I.VIXX:/ ) 
EXHIBIT A 

Refunded Contributions Made 

$1,500 to Mr. John Farrell 

$500 to lUPAT PAC 

$1,752 to Mr. Brendan Murray 

$2,500 to UFA Federal FIREPAC 

$5,000 to NYS Laborers PAC 

$2,500 to Sheet Metal Workers Local 28 PAC 

$2,500 to Sheet Metal Workers Intematlonal Union P.AC 

Contributions Redesignated lo Friends of Elizabeth Crowley 

$4,500 from iUPAT PAC 

$2,500 from UFA Federal FIREPAC 

$1,000 from Metal Lathers Local 46 PAC 

Contributions Redesignated to Elizabeth Crowley 2013 

$2,500 from Mr. James 

Nederlander 

$2,500 from Mr. James Bell Contributor had previously contributed to NYC Council campaign 

account and $2,500 was refunded to contributor and resolicited by 

FEC campaign account. 

! $2,500 from Mrs. Margaret Bell Contributor had previously contributed to NYC Council campaign 

i j account and $2,500 was refunded to contributor and resolicited by 

FEC campaign account. 

$1,000 from Mr. John FaTcIl Contributor had previously contributed to NYC Council campaign 

account and $2,500 was refunded to contributor and resolicited by 

FEC campaign account. 

$1,500 from Mr. John 

Rapppport 

$ 1,950 from Metal Lathers Contributor had previously contributed to NYC Council campaign 

L ocal 46 PAC account and $2,500 was refunded to contributor and resolicited by 

FEC campaign account. 

(0055451 VDOC/ )