HOMEABOUT THE FECCOMMISSIONERSFORMER COMMISSIONERSCOMMISSIONER SCOTT E. THOMASSTATEMENTS AND OPINIONS

# Statements and Opinions 

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## Rulemakings

    - Statement re: Political Committee Rulemaking Proposal   concerning allocation of hard and soft money (proposed regulation setting minimum 50% federal share); "Political committee" status (proposed regulation to define term using 'major purpose' and 'promote, support, attack or oppose' standards)), April 2004  [PDF]

## Statements of Reasons in Enforcement Actions 

    - MUR 5573,  Westar Energy Inc., Richard Bornemann, et al. (re:  Facilitation (lobbyist's solicitation activity was on behalf of corporate clients, not individual volunteer activity)), August 2005  [PDF]
    - **MUR 5491,** Jerry Falwell Ministries, Inc. and Liberty Alliance, (re: Enforcement Policy (appropriate to not pursue independent internet activity when regulations give 'total carve out' to coordinated internet activity)), July 2005  [PDF]
    - MUR 5519,  Orgeon-Washington Veteran Action Committee, Inc. (Alternative Dispute Resolution (case should not have been referred to ADR since resolution would have required investigation)), May 2005  [PDF]
    - MUR 5461,  FantheVote.com, Kerry for President, et al. (re: Coordination (No evidence of "coordinated communication" re website, and OGC should have recommended 'no RTB' rather than 'dismissal'), April 2005  [PDF]
    - MUR 5381,  Utah League of Credit Unions et al. (re:  "Member" definition (OGC erroneously suggested members of credit unions could be treated as members of trade association)), February 2005  [PDF]
    - MUR 5181,  Spirit of America PAC; Ashcroft 2000, et al. (re: Contribution -- what is, what is not (excessive in-kind contribution through mailing list and its use)), December 2003  [PDF]
    - MURs 5146, 5154 and 5024  Michigan Democratic State Central Committee, Sierra Club, Inc and Council for Responsible Govt, Inc.(re: "Express Advocacy" -- (failure to find express advocacy and failure to be consistent)), December 2003  [PDF]
    - **MUR 5315,** Wal-Mart, Sam's Club, Elizabeth Dole 2002 (re: Enforcement Policy, Media Exemption (should not have been dismissed based on media exemption)), September 2003  [PDF]
    - MUR 5369,  Rhode Island Republican Party, Chafee for US Senate (re: Party Coordinated Expenditure (should not have been dismissed with 'no reason to believe' finding)), August 2003  [PDF]
    - ADR 105,  (re: "Political committee" status requiring reporting (local party group may have undertaken 'exempt activity' not requiring reporting)), June 2003  [PDF]
    - MUR 5338,  (re: Enforcement Policy (OGC should not have opined that inactive group nonetheless might be affiliated with DNC)), April 2003  [PDF] 
    - MUR 4533,  (re: Affiliation (OGC should not have opined that inactive group nonetheless might be affiliated with DNC)), April 2003  [PDF]
    - MURs 4530/4531/4547/4642/4909,  DNC, John Huang, Charlie Trie, et al. (re: Foreign Nationals (basis for finding person liable for soliciting, accepting, or receiving foreign national contributions)), September 18, 2002  [PDF] 
    -  MUR 5224,  Boston Globe and WBZ-TV, (re: Press Exemptions (proper criteria for analyzing debate exclusion cases)), September 16, 2002   [PDF] 
    - MUR 5156,  "The Muleshoe Incident" (re:  Enforcement Policy (FEC wastes time and resources when it deviates from Enforcement Priority System recommendations and finds 'RTB but take no further action')), July 2002  [HTML]
    - PreMUR 395,  College Republican National Committee (re: "Political committee" status (recent facts indicate group should be reporting)), May 2002   [HTML]
    - MUR 4982,  Republicans for Clean Air et al. (re: Coordination (FEC should have investigated campaign's connections with group; "Political Committee" status (group's major purpose was to influence the 2000 presidential primary)), April 2002  [HTML] 
    - MUR 4994,   Ashcroft Victory Committee, Michigan Senate 2000, New York Senate 2000, et al. (re: Enforcement Policy (should have found 'reason to believe' in order to clarify law);  Party Coordinated Expenditures (ads clearly for purpose of influencing particular Senate elections)), December 2001   [HTML]
    - MURs 4382 & 4401,  Republican National Committee, Dole for President (re: Party coordinated expenditures (party's payment of candidate's advance costs should have been pursued as violation)), December 2001   [HTML]
    - Pre-MUR 395,   College Republican National Committee (re: Enforcement Policy (case involving failure to register, and report should not have been dismissed as 'stale'); "Political committee" status (national party group's failure to register and report)), November 2001,     [HTML]
    - MUR 4624,  The Coalition, National Republican Congressional Committee, et al. (re: Coordination (coordination regulations prevented proper legal analysis; "Political committee" status requiring reporting (group formed by coalition of business groups to run ads should have been found to be a political committee)), September 2001  [HTML ]
    - MURs 5110  (Christian Broadcasting Network) and  5162  (ABC News et al.), (re: Media exemption (not every program broadcast over airwaves automatically is exempt from statute)), August 2001   [HTML]
    - MUR 5100,  McCallion for Congress (re: Reporting (candidate for primary must file pre-primary report even if nomination secure)), August 2001  [HTML]
    - MUR 4944,  Clinton for U.S. Senate Committee (re: Contribution -- what is, what is not (bank loan for candidate's home purchase not a contribution)), August 2001  [HTML]
    - MUR 5033,  Alexander for President (re: Contribution in the name of another (mere fact that several contributions from company employees are made on same date does not warrant 'reason to believe'finding against recipient committee)), June 2001   [HTML]
    - MUR 5120,  Clinton for U.S. Senate Committee (re: Contribution -- what is, what is not (alleged use of White House guest list to solicit contributions not a contribution)), May 2001  [HTML] 
    - MUR 4922,   Suburban O'Hare Commission (re: "Express advocacy" (mailing touting Congressman and urging people to vote should have been deemed express advocacy)), February 2001   [HTML]
    - MUR 4960,  Clinton for Senate Exploratory Committee (re: Contribution -- what is, what is not (alleged use of federal government resources to move to candidate's new home not a contribution)), December 2000  [HTML] 
    - MUR 4291,  AFL CIO et al. (re: Coordination (case should have been pursued using current, tougher standard of coordination)), September 2000  [HTML]
    - MURs 4553, 4407 et al,  Dole for President, RNC, Clinton for President, DNC (re: Coordination (reasons cited by colleagues for not finding coordinated expenditures were erroneous)), June 2000  [HTML]
    - MURs 4553, 4407 et al,  Dole for President, RNC, Clinton for President, DNC (re: Coordination (party ads were coordinated expenditures on behalf of presidential candidates)), May 2000  [HTML]
    - MUR 4689,  Dornan for Congress, Salem Radio Networks et al. (re: Media exemption (should have investigated whether stations violated Act where candidate was given control of talk shows)), February 2000  [HTML] 
    - MUR 4250,  RNC, National Policy Forum, et al., January 2000 (re: Foreign nationals (guarantee of loan that resulted in funds for party should have been treated as contribution)),  [HTML] ; (re: Reporting responsibility for related group (RNC should have been pursued for failure to report activity of group it formed and controlled))   [HTML] 
    - MUR 4378,  NRSC, Montanans for Rehberg (re: Coordination (clear evidence of coordination)), August 1999  [HTML] ; (re: Party coordinated expenditures (coordination and electioneering message present)), August 1999  [HTML]
    - MUR 4451 and 4473,  Commission on Presidential Debates et al. (re: Debate sponsorship (Presidential debate sponsorship followed existing regulations requiring objective criteria for selecting participants)), April 1998  [HTML] 
    - MUR 4215 , Michigan Democratic State Central Committee (re: Allocation of hard and soft money (state parties did not have to use national parties’ allocation formulas)), March 1998  [HTML]
    - MURs 4491  (Citizens for Fair Representation),  4519  (Family Taxpayers’ Foundation),  and 4563  (Renew New York PAC) (re: Enforcement policy (three cases involving important legal issues should not have been dismissed as ‘stale’)), January 1998  [HTML] 
    - MUR 4204,  Americans for Tax Reform (re: Coordination (case should have been pursued as to at least one radio ad on basis of evidence of coordination; express advocacy (radio ad just before election should have been pursued as prohibited corporate expenditure)), December 1996  [HTML]
    - MUR 3669,  Christan Coalition et al., (re:  "Political committee" status requiring reporting (group that spent millions to influence federal elections should have been sued for failure to report)), July 1996   [PDF]
    - MUR 3486,  General Electric et al. (re: Payroll deduction rights of union (corporate employer must make payroll deduction available where request is properly made)), June 1993   [PDF]
    - MURs 3176 and 3167,  Christian Coalition et al., April 1992  [PDF]
    - MUR 2845,  TWA (re: Payroll deduction rights of union (corporate employer must make payroll deduction available with reasonable promptness upon proper request)), September 1989   [PDF]  

## Litigation

    - Statement for the Record,  FEC v. Christian Coalition , (re: Coordination (FEC should have appealed district court decision finding certain communications not coordinated)), December 1999   [HTML]
    - Statement for the Record ,  Nixon v. Shrink Missouri Government PAC  (re: Litigation policy (FEC should have filed amicus pleading in Supreme Court case challenging contribution limits)), May 1999  [HTML] 
    - Statement of Reasons re: Dismissal,  FEC v. Forbes Inc.  (re: Media exemption (FEC should not have withdrawn suit alleging candidate-owned publication was making prohibited expenditures)), February 1999     [HTML]  
    - Statement for the Record,  Common Cause and Addy v. FEC  (suit involving complaint against Montana Republican Party et al.) (re: Litigation policy (proper to not appeal district court decision holding failure to pursue certain complaint allegations contrary to law)), June 1996  [PDF]
    - Statement for the Record,  Chamber of Commerce v FEC  (re: "Member" definition (FEC should have sought Supreme Court review of ruling that FEC’s member rules were invalid)), May 1996   [HTML]
    - Additional Statement for the Record,  FEC v. GOPAC  (re: "Political committee" status requiring reporting (FEC failure to appeal was inappropriate where majority had voted to bring case)), April 1996   [PDF]
    - Statement for the Record,  FEC v. GOPAC  (re:  "Political committee" status requiring reporting (FEC should have appealed erroneous district court decision defining term "political committee")), March 1996   [HTML]

## Advisory Opinions 

    - Dissenting Opinion in AO 2005-10,  Berman and Doolittle, (re: Solicitations by federal candidates/officeholders (FEC should not have allowed re CA ballot measure election)), September 2005  [PDF]
    - Concurring Opinion in AO 2004-43,  Missouri Broadcasters Assn., (re: Contribution -- what is, what is not (broadcasters could give LUC because 'stand by your ad' disclaimer adequate)), February 2005  [PDF]
    - Concurring Opinion in AO 2003-25,  Weinzapfel for Mayor Committee (re: Promote, Support, Attack or Oppose (non-federal candidate's ad featuring federal candidate's endorsement)), November 2003  [PDF]
    -  Concurring Opinion in AO 2001-17,  Democratic National Committee (re: Allocation of hard and soft money (rules for splitting and depositing big checks)), January 2002  [HTML] 
    - Dissenting Opinion in AO 2000-17 , Extendicare (re: Foreign nationals (foreign nationals impermissibly allowed to participate in subsidiary’s PAC activities)), August 2000  [HTML]
    - Statement for the Record in AO 2000-16,  Third Millenium (re: Nonpartisan activity exemption (Internet ads distributed for voter participation project permissible)), August 2000  [HTML]
    - Concurring Opinion in AO 2000-07,  Alcatel USA, Inc. (re: Solicitation restrictions (not improper solicitation where corporation makes clear its policy of not accepting contributions from those outside restricted class)), June 2000  [HTML]   
    - Dissenting Opinion in AO 1999-28,  Bacardi-Martini USA, Inc. (re: Foreign nationals (wholly owned subsidiary should not be able to make contributions)), November 1999  [HTML]
    - Dissenting Opinion in AO 1989-29,  GEM of Hawaii, Inc. (re: Foreign nationals (wholly owned subsidiary should not be able to make contributions)), March 1990  [PDF]
    - **Statement for the Record in AOR 1994-04, Chamber of Commerce** (re: "Member" definition (certain persons did not qualify as members)), October 1994  [PDF]

## Audits/Public Financing 

    - Legislative Recommendations Regarding the Presidential Public Funding Program,   February 9, 2005  [PDF]  [WORD]
    - Statement for the Record,  Requests to Deny Certification of Public Funds to Patrick J. Buchanan (re: Public funding (Buchanan had made adequate showing for entitlement to minor party public funding)), October 2000   [PDF]
    - Statement for the Record,  Audits of Clinton/Gore and Dole/Kemp Campaigns (re: Party coordinated expenditures (colleagues undermined law by denouncing longstanding standard)), July 1999   [HTML]
    - Statement for the Record,  Audits of Clinton/Gore and Dole/Kemp Campaigns (re: Public funding (colleagues wrong interpreting statute to preclude repayment for excessive spending in primary)), December 1998  [HTML]