April 2008 Federal Election Commission Volume 34, Number 4

Table of Contents

(continued on page 2) (continued on page 5)

 Reporting

1 April Reporting Reminder

3 Mississippi Special Election 

Reporting: 1st District

 Court Cases

1 FEC v. Reform Party of the USA

6 SpeechNow.org v. FEC

5 Advisory Opinions

6 Federal Register Notices

 Statistics

7 Party Committee Contributions 

Update

 Administrative Fines

9 Committees Fined for Nonfiled 

and Late Filed Reports

9 Nonfilers

10 Correction

 Outreach

10 Seminar for Nonconnected 

Political Action Committees

11 Index

Reporting Court Cases

FEC v. Reform Party of the 

USA

On February 28, 2008, the U.S. 

District Court for the Northern 

District of Florida dismissed the 

amended counterclaim filed by the 

Reform Party of the United States of 

America (the Reform Party) for lack 

of jurisdiction and failure to state 

a claim upon which relief could be 

granted. In addition to granting the 

FEC’s motion to dismiss, the court 

modified an injunction against the 

Reform Party to permit the party to 

make expenditures to raise funds to 

repay the amount owed to the U.S. 

Treasury.

Background

The Reform Party received 

$2,522,690 in public funds for 

its 2000 Presidential nominating 

convention. Based on the results 

of a mandatory post-convention 

audit, the Commission determined 

that the Reform Party must repay 

$333,558 to the U.S. Treasury as a 

result of impermissible expenditures 

and inadequate documentation. See 

26 U.S.C. §9008(c) and 11 CFR 

9008.7(a). The Reform Party repeatedly asked both the Commission 

and the courts to review its repayment obligation, but its requests 

were not filed within statutory and 

April Reporting Reminder

The following reports are due in 

April:

• All principal campaign committees of House and Senate candidates must file a quarterly report 

by April 15. The report covers 

financial activity from January 1 

(or the day after the closing date of 

the last report) through March 31;

• Principal campaign committees of 

Presidential candidates must file 

a report by April 15, if they are 

quarterly filers (the report covers 

financial activity from January 1 

through March 31), or by April 20, 

if they are monthly filers (the report covers activity for the month 

of March); and

• National party committees, political action committees (PACs) following a monthly filing schedule 

and state, district and local party 

committees that engage in reportable federal election activity must 

file a monthly report by April 20. 

This report covers activity for the 

month of March. Other PACs and 

party committees must file a quarterly report by April 15.

Notification of Filing Deadlines

In addition to publishing this 

article, the Commission notifies 
Federal Election Commission RECORD April 2008

2

Federal Election Commission

999 E Street, N.W.

Washington, DC 20463

800/424-9530

202/694-1100

202/501-3413 (FEC Faxline)

202/219-3336 (TDD for the

 hearing impaired)

David M. Mason, Chairman

Ellen L. Weintraub, Vice Chair

Patrina M. Clark,

 Staff Director

Thomasenia Duncan, 

 General Counsel

Published by the Information

 Division of the Office of 

 Communications

Greg J. Scott, Assistant Staff

 Director

Amy L. Kort, Deputy Assistant 

 Staff Director

Meredith E. Metzler, Editor

http://www.fec.gov

Reporting

(continued from page 1)

committees of filing deadlines 

on its web site, via its automated 

Faxline and through reporting reminders called prior notices. Since 

January 1, 2007, prior notices have 

been distributed exclusively by 

electronic mail. They are no longer 

sent to committees via U.S. mail. 

See December 2006 Record, page 

1. For that reason, it is important 

that every committee update its 

Statement of Organization (FEC 

Form 1) to disclose a current e-mail 

address. To amend Form 1, electronic filers must submit Form 1 

filled out in its entirety. Paper filers 

should include only the committee’s 

name, address, FEC identification 

number and the updated or changed 

portions of the form.

Treasurer’s Responsibilities

The Commission provides 

reminders of upcoming filing dates 

as a courtesy to help committees 

comply with the filing deadlines set 

forth in the Act and Commission 

regulations. Committee treasurers 

must comply with all applicable 

filing deadlines established by law, 

and the lack of prior notice does not 

constitute an excuse for failing to 

comply with any filing deadline.

Please note that filing deadlines 

are not extended in cases where the 

filing deadline falls on a weekend 

or federal holiday. Accordingly, 

reports filed by methods other than 

Registered, Certified or Overnight 

Mail, or electronically, must be 

received by the Commission’s (or 

the Secretary of the Senate’s) close 

of business on the last business day 

before the deadline.

Filing Electronically

Under the Commission’s mandatory electronic filing regulations, 

individuals and organizations that 

receive contributions or make expenditures, including independent 

expenditures,1 in excess of $50,000 

in a calendar year—or have reason 

to expect to do so—must file all reports and statements with the FEC 

electronically. Reports filed electronically must be received and validated by the Commission by 11:59 

p.m. Eastern Time on the applicable 

filing deadline. Electronic filers 

who instead file on paper or submit 

an electronic report that does not 

pass the Commission’s validation 

program by the filing deadline will 

be considered nonfilers and may 

be subject to enforcement actions, 

including administrative fines.

Senate committees and other 

committees that file with the Secretary of the Senate are not subject 

to the mandatory electronic filing 

rules. 

The Commission’s electronic 

filing software, FECFile, is free and 

can be downloaded from the FEC’s 

web site. New FECFile Version 

6.1.1.3 is available for download 

from the FEC web site at http://

www.fec.gov/elecfil/updatelist.html. 

See December 2007 Record, page 

13. All reports filed after January 2, 

2008, must be filed in Format Version 6.1 (the new version). Reports 

filed in previous formats will not be 

accepted.

Filers may also use commercial 

or privately developed software 

as long as the software meets the 

Commission’s format specifications, which are available on the 

Commission’s web site. Committees using commercial software 

should contact their vendors for 

more information about the Commission’s latest software release.

Timely Filing for Paper Filers

Registered and Certified Mail.

Reports sent by registered or certified mail must be postmarked on or 

before the mailing deadline to be 

considered timely filed. A committee sending its reports by certified 

or registered mail should keep its 

mailing receipt with the U.S. Postal 

Service (USPS) postmark as proof 

of filing because the USPS does not 

keep complete records of items sent 

by certified mail.

Overnight Mail. Reports filed via 

overnight mail2 will be considered 

timely filed if the report is received 

by the delivery service on or before 

the mailing deadline. A committee 

sending its reports by Express or 

Priority Mail, or by an overnight 

delivery service, should keep its 

proof of mailing or other means of 

transmittal of its reports.

1

 The regulation covers individuals and 

organizations required to file reports of 

contributions and/or expenditures with 

the Commission, including any person 

making an independent expenditure. 

Disbursements for “electioneering 

communications” do not count toward 

the $50,000 threshold for mandatory 

electronic filing. 11 CFR 104.18(a).

2

 “Overnight mail” includes Priority 

or Express Mail having a delivery confirmation, or an overnight service with 

which the report is scheduled for next 

business day delivery and is recorded 

in the service’s on-line tracking system.
April 2008 Federal Election Commission RECORD

3

Mississippi Special Election 

Reporting: 1st District

The Special General Election to 

fill the U.S. House seat in Mississippi’s 1st Congressional District 

formerly held by Senator Roger 

Wicker will be April 22, 2008. 

Under Mississippi law, a majority 

winner in the nonpartisan Special General Election is declared 

elected. Should no candidate 

achieve a majority vote, a Special 

Runoff Election will be held on 

May 13, 2008, between the top two 

vote-getters in the Special General 

Election.

Candidate committees involved 

in these elections must follow 

the reporting schedule on page 4. 

Please note that the reporting period 

for the Post-General report (or PostRunoff election report, if necessary) 

spans two election cycles. For this 

report only, authorized committees 

must use the Post-Election Detailed 

Summary Page rather than the normal Detailed Summary Page.

PACs and party committees that 

file on a quarterly schedule and 

participate in this election must 

also follow this schedule. PACs and 

party committees that file monthly 

should continue to file according to 

their regular filing schedule.

Filing Electronically

Reports filed electronically must 

be received and validated by the 

Commission by 11:59 p.m. Eastern Time on the applicable filing 

deadline.

(continued on page 4)

Other Means of Filing. Reports 

sent by other means—including 

first class mail and courier—must 

be received by the FEC before the 

Commission’s close of business 

on the filing deadline. 2 U.S.C. 

§434(a)(5) and 11 CFR 104.5(e). 

Paper forms are available at the 

FEC’s web site (http://www.fec.

gov/info/forms.shtml) and from 

FEC Faxline, the agency’s automated fax system (202/501-3413). 

The 2008 Reporting Schedule is 

also available on the FEC’s web site 

(http://www.fec.gov/info/report_

dates.shtml), and from Faxline. 

For more information on reporting, 

call the FEC at 800/424-9530 or 

202/694-1100.

Filing Frequency for Party 

Committees

National committees of political parties must file on a monthly 

schedule in all years. 11 CFR 

104.5(c)(4). 

A state, district and local party 

committee that filed monthly in 

2007 due to its federal election 

activity must notify the Commission in writing if it wishes to file 

quarterly in 2008. See 11 CFR 

300.36(c) and 104.5(c). Electronic 

filers must file this request electronically. After filing a notice of 

change in filing frequency with the 

Commission, all future reports must 

follow the new filing schedule.

Political Action Committees

PACs (separate segregated funds 

and nonconnected committees) may 

file on either a quarterly or monthly 

basis in election years. A committee may change its filing frequency 

only once a year. After giving notice of change in filing frequency to 

the Commission, all future reports 

must follow the new filing frequency. 11 CFR 104.5(c).

Additional Information

For more information on 2008 

reporting dates:

• See the reporting tables in the 

January 2008 Record;

• Call and request the reporting tables from the FEC at 

800/424-9530 or 202/694-1100;

• Fax the reporting tables to yourself using the FEC’s Faxline 

(202/501-3413, document 586); or

• Visit the FEC’s web page at http://

www.fec.gov/info/report_dates.

shtml to view the reporting tables 

online.

—Elizabeth Kurland

Back Issues of the 

Record Available on 

the Internet

 This issue of the Record and all 

other issues of the Record starting 

with January 1996 are available 

on the FEC web site as PDF files. 

Visit the FEC web site at http://

www.fec.gov/pages/record.shtml

to find monthly Record issues. 

 The web site also provides 

copies of the Annual Record Index

for each completed year of the 

Record, dating back to 1996. The 

Annual Record Index list Record

articles for each year by topic, 

type of Commission action and, in 

the case of advisory opinions, the 

names of individuals requesting 

Commission action.

You will need Adobe® Acrobat® Reader software to view the 

publication. The FEC’s web site 

has a link that will take you to 

Adobe’s web site, where you can 

download the latest version of the 

software for free.

Electronic filers who instead file 

on paper or submit an electronic 

report that does not pass the Commission’s validation program by 

the filing deadline will be considered nonfilers and may be subject 

to enforcement actions, including 

administrative fines.

Timely Filing for Paper Filers

Registered and Certified Mail.

Reports sent by registered or certified mail must be postmarked on or 

before the mailing deadline to be 

considered timely filed. A committee sending its reports by certified 

or registered mail should keep its 

mailing receipt with the U.S. Postal 

Service (USPS) postmark as proof 

of filing because the USPS does not 

keep complete records of items sent 

by certified mail.
Federal Election Commission RECORD April 2008

4

Mississippi 1st District Special Election 

Reporting

If Only the Special General Is Held, Committees Must 

File:

Close of Reg./Cert./Overnight Filing

Books1 Mailing Deadline Deadline

April Quarterly —waived—

Pre-General April 2 April 7 April 10

Post-General May 12 May 22 May 22

July Quarterly June 30 July 15 July 15

Committees Involved in Both the Special General and the 

Special Runoff Must File:

Close of Reg./Cert./Overnight Filing

Books1 Mailing Deadline Deadline

April Quarterly —waived—

Pre-General April 2 April 7 April 10

Pre-Runoff April 23 April 28 May 1

Post-Runoff June 2 June 12 June 12

July Quarterly June 30 July 15 July 15

If Two Elections Are Held, Committees Involved in Only 

the Special General Must File:

Close of Reg./Cert./Overnight Filing

Books1 Mailing Deadline Deadline

April Quarterly —waived—

Pre-General April 2 April 7 April 10

July Quarterly June 30 July 15 July 15

1 This date indicates the end of a reporting period. A reporting period 

always begins the day after the closing date of the last report filed. If the 

committee is new and has not previously filed a report, the first report must 

cover all activity that occurred before the committee registered up through 

the close of books for the first report due.

Overnight Mail. Reports filed via 

overnight mail1 will be considered 

timely filed if the report is received 

by the delivery service on or before 

the mailing deadline. A committee 

sending its reports by Express or 

Priority Mail, or by an overnight 

delivery service, should keep its 

proof of mailing or other means of 

transmittal of its reports.

Other Means of Filing. Reports 

sent by other means—including 

first class mail and courier—must 

be received by the FEC before the 

Commission’s close of business 

on the filing deadline. 2 U.S.C. 

§434(a)(5) and 11 CFR 104.5(e). 

Forms are available for downloading and printing at the FEC’s web 

site (http://www.fec.gov/info/forms.

shtml) and from FEC Faxline, the 

agency’s automated fax system 

(202/501-3413).

48-Hour Contribution Notices

Note that 48-hour notices are 

required of the participating candidate’s principal campaign committee if it receives any contribution of 

$1,000 or more per source between 

April 3 and April 19, 2008, for the 

Special General Election, and between April 24 and May 10, 2008, 

for the Special Runoff Election, if 

that election is held.

24- and 48-Hour Reports of 

Independent Expenditures

Political committees and other 

persons must file 24-hour reports of 

independent expenditures that aggregate at or above $1,000 between 

April 3 and April 20, 2008, for 

the Special General, and between 

April 24 and May 11, 2008, for the 

Special Runoff, if that election is 

Reporting

(continued from page 3)

1

 “Overnight mail” includes Priority or 

Express Mail having a delivery confirmation, or an overnight service with 

which the report is scheduled for next 

business day delivery and is recorded in 

the service’s on-line tracking system.

held. This requirement is in addition to that of filing 48-hour reports 

of independent expenditures that 

aggregate $10,000 or more at other 

times during a calendar year.

Electioneering Communications

The 60-day electioneering communications period in connection 

with the Special General Election 

runs from February 22 through 

April 22, 2008. The electioneering communications period for the 

Special Runoff Election, if that 

election is held, runs from March 

14 through May 13, 2008.

—Elizabeth Kurland
April 2008 Federal Election Commission RECORD

5

Court Cases

(continued from page 1)

(continued on page 6)

regulatory deadlines, and all were 

denied. The Commission filed suit 

in the Northern District of Florida to 

obtain a judgment that the government is entitled to the repayment by 

the Reform Party.

In November 2005, the U.S. District Court for the Northern District 

of Florida granted the FEC’s motion 

for summary judgment and held that 

the government is entitled to the repayment. The court also enjoined the 

Reform Party from diverting any of 

its assets to any other expenditures, 

other than payment of federal taxes, 

until it completes its repayment 

obligation. 

The Reform Party appealed the 

district court’s decision arguing, in 

part, that the injunction violated the 

party’s First Amendment right to 

free speech. In March 2007, the U.S. 

Court of Appeals for the 11th Circuit 

affirmed the district court’s decision. 

See July 2007 Record. The appellate 

court declined to address the Reform 

Party’s First Amendment claims, 

suggesting that the district court 

was the proper venue, as the Reform 

Party did not raise the claims until 

the appeal.

Counterclaim by the Reform Party

The Reform Party renewed its 

First Amendment argument in a 

counterclaim filed in the district 

court. The Reform Party argued that 

the injunction was an invalid spending restraint on political speech by a 

political party. 

District Court Decision

The district court granted the 

Commission’s motion to dismiss 

the Reform Party’s counterclaim. 

The court held that since the relief 

requested by the Reform Party—

modification of the injunction—can 

only be provided by the court, not 

the FEC, the Reform Party failed to 

state a claim. Additionally, the court 

lacked subject matter jurisdiction 

over the Reform Party’s suit, as the 

plaintiffs did not ask the court to 

interpret any portion of the Presidential Election Campaign Fund Act and 

the United States has not waived its 

sovereign immunity.

The court analyzed whether the 

injunction should be modified. The 

court found that while the injunction 

involved First Amendment activity 

by prohibiting the Reform Party from 

spending its funds to promote political views or candidates, the injunction is narrowly tailored to address a 

specific harm and thus permissible.

To alleviate the Reform Party’s 

concern that it could not spend 

money to raise money to pay the 

debt owed to the U.S. Treasury, the 

court agreed with the Commission’s 

suggestion to modify the injunction 

slightly to permit the Reform Party to 

make expenditures for the purpose of 

raising funds to meet the repayment 

obligation. 

U.S. District Court for the Northern District of Florida, 14-cv-00079-

MP-AK.

 —Meredith Metzler

Advisory 

Opinions

Advisory Opinion Requests

AOR 2008-1

A political committee seeks a 

determination as to whether it is 

affiliated with the state party committee (Butler County Democrats 

for Change (DPAC), November 26, 

2007)

AOR 2008-2

Whether a federal candidate who 

is a homemaker may receive a salary from his authorized campaign 

committee (Todd Goldup, March 7, 

2008)

Enforcement Query 

System Available on 

FEC Web Site

 The FEC continues to update 

and expand its Enforcement 

Query System (EQS), a webbased search tool that allows 

users to find and examine public 

documents regarding closed 

Commission enforcement matters. 

Using current scanning, optical 

character recognition and text 

search technologies, the system 

permits intuitive and flexible 

searches of case documents and 

other materials. 

 Users of the system can search 

for specific words or phrases 

from the text of all public case 

documents. They can also 

identify single matters under 

review (MURs) or groups of 

cases by searching additional 

identifying information about 

cases prepared as part of the 

Case Management System. 

Included among these criteria 

are case names and numbers, 

complainants and respondents, 

timeframes, dispositions, legal 

issues and penalty amounts. The 

Enforcement Query System may 

be accessed on the Commission’s 

web site at http://www.fec.gov.

 Currently, the EQS contains 

complete public case files for all 

MURs closed since January 1, 

1999. In addition to adding all 

cases closed subsequently, staff is 

working to add cases closed prior 

to 1999. Within the past year, 

Alternative Dispute Resolution 

(ADR) cases were added to the 

system. All cases closed since the 

ADR program’s October 2000 

inception can be accessed through 

the system.
Federal Election Commission RECORD April 2008

6

SpeechNow.org v. FEC

On February 14, 2008, SpeechNow.org (SpeechNow), a group 

formed to make independent 

expenditures, and several individual 

plaintiffs filed a complaint in the 

U.S. District Court for the District 

of Columbia challenging the constitutionality of the Federal Election 

Campaign Act (the Act) provisions 

governing political committee 

registration, contribution limits and 

disclosure requirements. 

The plaintiffs seek a declaration 

that, as applied, those provisions 

unconstitutionally abridge their 

rights of free speech and association. Additionally, they request preliminary and permanent injunctions 

blocking the FEC from enforcing 

the provisions against them.

Court Cases

(continued from page 5)

Commission 

Calendar Always 

Up-to-Date 

 Between issues of the Record, 

you can stay up-to-date on the 

latest FEC activity by visiting 

the Commission Calendar on 

our web site at http://www.fec.

gov/calendar/calendar.shtml.

The Calendar lists Commission 

meetings, reporting deadlines, 

conferences and outreach events, 

advisory opinion and rulemaking 

comment periods and other useful 

information. Each calendar entry 

links directly to the relevant 

documents, so you can quickly 

access detailed information on the 

subjects that interest you. 

 While you’re visiting www.fec.

gov, be sure to explore the rest 

of our site to review the latest 

campaign finance reports and 

data, research enforcement actions 

and litigation, read press releases 

and get help complying with the 

law. Visit today and add our site to 

your favorites.

Background

Under the Act, a group becomes 

a “political committee” when it collects contributions or makes expenditures in excess of $1,000 during 

a calendar year. 2 U.S.C. §431(4). 

The definition of “contribution” includes any gift, loan or anything of 

value made by any person to influence an election for federal office. 

2 U.S.C. §431(8). Similarly, an “expenditure” includes any purchase, 

payment or anything of value made 

by any person to influence a federal 

election. 2 U.S.C. §431(9). 

Political committees must register with the FEC and are subject to 

limits on the contributions they receive and make. 2 U.S.C. §441a(a). 

They also must periodically disclose their receipts and disbursements. 2 U.S.C. §434(a) and (b).

A political committee may make 

unlimited “independent expenditures,” which are defined as expenditures expressly advocating 

the election or defeat of a clearly 

identified candidate that are not 

made in concert or coordination 

with a candidate or a political party. 

2 U.S.C. §431(17). 

Individuals may make unlimited 

independent expenditures from their 

personal funds. An individual who 

makes such expenditures may have 

reporting requirements but will not 

trigger registration with the FEC 

as a political committee. 2 U.S.C. 

§434(c). Individual contributions 

are subject to limits, including an 

overall biennial limit on federal 

contributions. 

Complaint

SpeechNow is a nonprofit, 

unincorporated 527 organization 

registered with the Internal Revenue Service. The organization was 

formed by individuals who seek 

to pool their resources to make 

independent expenditures expressly 

advocating the election or defeat 

of federal candidates. SpeechNow 

plans to accept contributions only 

from individuals, not corporations 

or other sources prohibited under 

the Act. The individual plaintiffs 

wish to contribute to SpeechNow, 

both in federally permissible 

amounts and in amounts exceeding 

the federal limits. 

SpeechNow submitted an 

advisory opinion request to the 

Commission on November 19, 

2007, asking whether its activities, involving raising funds from 

individuals to pay for independent 

communications that contained 

express advocacy, would require 

it to register as a political committee under the Act. The General 

Counsel’s Office prepared a draft 

opinion for Commission discussion stating that contribution limits 

would apply to contributions given 

to SpeechNow, and that SpeechNow 

would be required to register as a 

political committee once it raised or 

spent more than $1,000 in a calendar year. Since the Commission 

only had two of the requisite four 

members at the time the draft was 

considered, it could not issue an 

advisory opinion. The Commission 

notified SpeechNow of that fact on 

January 28, 2008.

The plaintiffs contend that the 

Act unconstitutionally restricts its 

members’ freedom of speech and 

Federal Register

Federal Register notices are 

available from the FEC’s Public 

Records Office, on the web site 

at http://www.fec.gov/law/law_

rulemakings.shtml and from the 

FEC Faxline, 202/501-3413.

Notice 2008-5

Filing Dates for the California 

Special Election in the 12th 

Congressional District (73 FR 

10440, February 27, 2008)

Notice 2008-6

Filing Dates for the Mississippi 

Special Election in the 1st 

Congressional District (73 FR 

11918, March 5, 2008)
April 2008 Federal Election Commission RECORD

7

Statistics

Party Committee 

Contributions Update

Contributions to the Democratic 

party committees on the national, 

state and local level increased significantly in 2007-2008 compared 

to earlier election cycles, while 

Republican party receipts declined 

over the same time period. This is 

the first time since the Commission 

began compiling party fundraising 

summaries in 1985 that Democratic 

party committees have raised more 

than Republican party committees.

During the first 13 months of the 

2008 election cycle, from January 1, 2007, to January 31, 2008, 

the three Democratic national 

party committees—the Democratic 

National Committee (DNC), the 

Democratic Senatorial Campaign 

Committee (DSCC) and the Democratic Congressional Campaign 

Committee (DCCC)—raised a 

total of $191.3 million. This is an 

increase of 26 percent over a similar period in 2006 and 85 percent 

increase over the first 13 months of 

the 2004 cycle.

The three Republican national 

committees—the Republican 

National Congressional Committee Fundraising In Non-Election Year

Democratic Congressional Campaign Committee National Republican Congressional Committee

(continued on page 8)

freedom of association guaranteed 

under the First Amendment. By 

requiring registration as a political 

committee and limiting the monetary amount that an individual may 

contribute to a political committee, 

SpeechNow and the other plaintiffs assert that the Act unconstitutionally restricts the individuals’ 

freedom of speech by limiting 

the amount that an individual can 

contribute to SpeechNow and thus 

the amount the organization may 

spend. SpeechNow also argues that 

the reporting required of political 

committees is unconstitutionally 

burdensome.

Relief Requested

The plaintiffs ask the court to 

find the contribution limits, reporting requirements and political 

committee registration requirements 

unconstitutional as applied to their 

proposed activities. The plaintiffs 

also request that the court preliminarily and permanently enjoin the 

FEC from enforcing these provisions against SpeechNow and the 

individual plaintiffs.

U.S. District Court for the District of Columbia, 1:08-cv-00248.

 —Meredith Metzler

Campaign Guides 

Available

 For each type of committee, a 

Campaign Guide explains, in clear 

English, the complex regulations 

regarding the activity of political 

committees. It shows readers, 

for example, how to fill out FEC 

reports and illustrates how the law 

applies to practical situations.

 The FEC publishes four 

Campaign Guides, each for a 

different type of committee, 

and we are happy to mail your 

committee as many copies as 

you need, free of charge. We 

encourage you to view them on 

our web site http://www.fec.gov.

 If you would like to place an 

order for paper copies of the 

Campaign Guides, please call 

the Information Division at 

800/424-9530.

National Committee (RNC), the 

National Republican Senatorial 

Committee (NRSC) and the National Republican Congressional 

Committee (NRCC)—raised $186.2 

million during the same 13-month 

0

10

20

30

40

50

60

70

80

2007

1997 1999 2001 2003 2005 2007

Millions of Dollars

Dems

0

10

20

30

40

50

60

70

80

1997 1999 2001 2003 2005 2007

Millions of Dollars

Dems
Federal Election Commission RECORD April 2008

8

Statistics

(continued from page 7)

period, an 18 percent decrease from 

2006 and 2004 totals.

The DSCC and the DCCC reported substantial increases, while 

the DNC reported a slight decrease 

in receipts. The largest percentage 

growth in fundraising came from 

the DCCC, whose $71.5 million in 

receipts through January 31, 2008, 

represented a 57 percent increase 

over 2006 levels. The DCCC total 

was $18 million more than the 

NRCC raised during the same 

period.

All of the Republican national 

committees reported a decline in 

contributions. The RNC raised 

$97.5 million, 18 percent less than 

in 2006. Compared to 2006, the 

NRSC’s receipts declined by 11 

percent to $35.4 million and the 

NRCC declined by 22 percent to 

$53.3 million.

The rise in Democratic receipts 

and the decline in Republican 

receipts continued from the national 

party to the state and local parties as well. The Democratic party 

committees at all levels, including 

federal, state and local, reported 

receipts of $211.3 million in federal 

funds during 2007—23 percent 

more than the $172.4 raised in 

2005. Republican party committees 

on all levels raised $208.4 million 

in federal funds in 2007, a decline 

of 16 percent from $248.6 million 

in 2005. 

Contributions by individuals constituted the bulk of the receipts for 

both parties. Republican committees reported receiving 85 percent 

of their receipts ($176.7 million) 

from individuals, while Democratic 

parties received $161.2 million 

from individuals (76 percent of the 

Democratic party totals). 

During the period of January 1, 

2007, to January 13, 2008, Democratic party committees reported 

raising $36.2 million from political 

action committees (PACs) and other 

committees, including $18.4 million 

from House Democrats’ campaign 

committees. Over the same period, 

Republican parties received $22 

million from PACs and other committees, with $10.6 million coming 

from House Republicans.

Additional information is available in a Press Release dated March 

6, 2008. The release, which is 

available on the FEC web site at 

http://www.fec.gov/press/press2-

National Senatorial Committee Fundraising In Non-Election Year

Democratic Senatorial Campaign Committee National Republican Senatorial Committee

FEC Web Site Offers 

Podcasts

In an effort to provide more 

information to the regulated 

community and the public, the 

Commission is making its open 

meetings and public hearings 

available as audio recordings 

through the FEC web site, as well 

as by podcasts. The audio files, 

and directions on how to subscribe 

to the podcasts are available 

under Audio Recordings through 

the Commission Meetings tab at 

http://www.fec.gov. 

The audio files are divided into 

tracks corresponding to each 

portion of the agenda for ease 

of use. To listen to the open 

meeting without subscribing to 

the podcasts, click the icon next 

to each agenda item. Although the 

service is free, anyone interested 

in listening to podcasts must 

download the appropriate software 

listed on the web site. Podcast 

subscribers will automatically 

receive the files as soon as they 

become available–typically a day 

or two after the meeting. 

0

10

20

30

40

50

60

2007

1997 1999 2001 2003 2005 2007

Millions of Dollars

Dems

0

10

20

30

40

50

60

1997 1999 2001 2003 2005 2007

Millions of Dollars

Dems
April 2008 Federal Election Commission RECORD

9

Committees Fined and Penalties Assessed 

 1. Barrack, Rodos & Bacine Political Action Committee ___1

 2. Chad Kluko for Congress Committee $900

 2006 Post-General Report

 3. Chad Kluko for Congress Committee $900

 2006 Year End Report

 4. Charlie Stuart for Congress $500

 5. Continental Airlines Inc. Employee Fund for a Better

 America PAC $400

 6. Derrick Shepherd Campaign Committee $6,500

 7. FAA Managers Association Inc. PAC $600

 8. Graf for Congress $2,700

 9. Joe Sulzer for Congress Committee 

 2006 Year End Report $30

10. Joe Sulzer for Congress Committee 

 2007 April Quarterly $36

11. Kanno for Congress $900

12. Libertarian National Committee ___1

13. Mejias for Congress $300

14. Midwest Values PAC (MVP) $7,200

15. MZM Inc. PAC $0

16. O’Keeffe for Congress $250

17. People for Carl Andrews Committee $300

18. PNM Responsible Citizens Group $105

19. Team America PAC Inc. $1,750

20. TJ Cox Congressional Campaign Committee $900

21. Vote Griffith ___1

22. Whitehead for Congress $5,200

23. Zinga for Congress $0

1

 The Commission took no further action in this case.

Congressional Committees 

Fail to File Reports

The Ortiz for Congress Committee (TX/27) failed to file the 

required 12-Day Pre-Primary Report for the March 4 Texas Primary. 

The report was due on February 

21, 2008. The Commission notified 

committees of their filing obligations prior to this reporting deadline. Committees that failed to file 

the required reports were subsequently notified that their reports 

had not been received and that their 

names would be published if they 

Nonfilers

Administrative 

Fines

008/20080229party/20080229-

party.shtml, provides summary 

data for the financial activities of 

the federal committees of the two 

major parties for 2007 and comparisons for the same period in the last 

nine election cycles. It also includes 

tables depicting the breakdown 

of contributions to national parties by contribution amount and 

lists of contributions to the DCCC 

and NRCC by current Members of 

Congress.

 —Meredith Metzler

(continued on page 10)

Committees Fined for 

Nonfiled and Late Reports

The Commission has recently 

fined 23 political committees a total 

of $29,471 in civil penalties for filing late campaign finance reports or 

failing to file at all. Since the Administrative Fine Program’s inception 

in 2000, the FEC has closed 1,619 

cases and collected $2,168,904 in 

civil penalties.

Civil money penalties for late 

reports are determined by the number of days the report was late, the 

amount of financial activity involved 

and any prior penalties for violations under the administrative fines 

regulations. Penalties for nonfiled 

reports—and for reports filed so late 

as to be considered nonfiled—are 

also determined by the financial 

activity for the reporting period and 

any prior violations. Election sensitive reports, which include reports 

filed prior to an election (i.e. 12-day 

Pre-Election, October Quarterly and 

October Monthly reports), receive 

higher penalties. Penalties for 

48-Hour Notices that are filed late 

or not at all are determined by the 

amount of the contribution(s) not 

timely reported and any prior violations.

The committee and the treasurer 

are assessed civil money penalties 

when the Commission makes its 

final determination. Unpaid civil 

penalties are referred to the Department of the Treasury for collection.

The committees listed in the 

above chart, along with their treasurers, were assessed civil money 

penalties under the administrative 

fines regulations.

Closed Administrative Fine case 

files are available through the FEC 

Press Office and Public Records Office at 800/424-9530.

 —Meredith Metzler
Federal Election Commission RECORD April 2008

10

Outreach

Seminar for Nonconnected 

Political Action Committees

On May 14, 2008, the Commission will hold a one-day seminar 

for nonconnected committees (i.e., 

PACs not sponsored by a corporation, union, trade association or 

incorporated membership organization) at its headquarters at 999 E 

Street, NW, in Washington, DC. 

This seminar is recommended for:

• Treasurers of leadership PACs, 

partnership PACs and other 

nonconnected PACs;

• Staff of the above organizations 

who have responsibility for compliance with federal campaign finance 

laws;

• Attorneys, accountants and consultants who have clients that are 

nonconnected PACs or unregistered 

“section 527”organizations; and

• Anyone who wants to gain in-depth 

knowledge of federal campaign 

finance law (including the new 

provisions of the Honest Leadership and Open Government Act of 

2007 (HLOGA)) as it applies to 

leadership PACs and other types of 

nonconnected committees.

FEC Conference Schedule for 2008:

 Date Program Information Location

 April 2-3, 2008 Conference for House/Senate Campaigns Omni Shoreham Hotel and Political Party Committees Washington, DC

 May 14, 2008 Seminar for Nonconnected Committees FEC Headquarters Washington, DC

 June 23-24, 2008 Conference for Trade Associations, Labor Embassy Suites-Convention Center Organizations, Membership Organizations Washington, DC and their PACs

To register, contact the FEC at 800/424-9530 (press 6)

or visit http://www.fec.gov/info/outreach.shtml#conferences.

Nonfilers

(continued from page 9)

did not respond within four business days. 

The Federal Election Campaign 

Act requires the commission to 

publish the names of principal campaign committees if they fail to file 

election-sensitive reports. 2 U.S.C. 

§437g(b). The agency may also 

pursue enforcement actions against 

nonfilers and late filers on a caseby-case basis.

 —Meredith Metzler

The seminar will address issues 

such as fundraising and reporting, as well as the FEC’s rules on 

when section 527 organizations 

trigger federal reporting requirements. Experienced FEC staff will 

specifically discuss recent changes 

to the campaign finance law made 

by HLOGA, as well as the rules 

specific to leadership PACs and 

partnership PACs.

The registration fee for this 

seminar is $150 per attendee, which 

covers the cost of the seminar, 

materials, a reception and refreshments. Payment by credit card is 

required prior to the seminar. A full 

refund will be made for all cancellations received before 5 p.m. on 

(Eastern Time) May 9. Complete 

information is available on the FEC 

web site at http://www.fec.gov/info/

conferences/2008/nonconnectedseminar2008.shtml, along with the 

seminar agenda and a list of hotels 

located near the FEC. Further questions about the seminar should be 

directed to the Information Division 

by phone at 800/424-9530 (press 6), 

or locally at 202/694-1100, or via 

e-mail to Conferences@fec.gov.

 —Dorothy Yeager

Correction

2008 Coordinated Party 

Expenditure Limits

The chart of the Coordinated 

Party Expenditure Limits for the 

2008 General Election Senate Nominees on page 7 of the March Record

contains an inaccurate footnote. 

The footnote should read: “In these 

states, which have only one U.S. 

House Representative, the spending limit for the House nominee is 

$84,100. In other states, the limit for 

each House nominee is $42,100.”

 —Meredith Metzler

SOLD 

OUT!
April 2008 Federal Election Commission RECORD

11

Index

The first number in each citation refers to the numeric month of 

the 2008 Record issue in which the 

article appeared. The second number, following the colon, indicates 

the page number in that issue. For 

example, “1:4” means that the article 

is in the January issue on page four.

Administrative Fines

Update, 2:4; 4:9

Advisory Opinions

Alternative Disposition of Advisory 

Opinion Request, AOR 2007-36, 

3:8

2007-19: Nonprofit Corporation 

Qualifies as Membership Organization, 1:15

2007-22: Campaign Committee May 

Accept Volunteer Services from 

Foreign Nationals, 1:16

2007-23: State Party Committee 

Status for Independence Party of 

New York, 1:17

2007-24: Payment for Joint campaign Activities, 1:18

2007-25: Limited Liability Partnership Taxed as a Corporation, 2:7

2007-26: Disposal of Excess State 

Campaign Funds by Federal Candidate, 1:19

2007-27: Nonconnected Committee 

Solicitations for SSF Contributions, 2:8

2007-28: Federal Candidates/Officeholders Fundraising for Ballot 

Measure Committees, 2:8

2007-29: Donation to a Candidate 

for Local Party Office is Not Personal Use, 1:21

2007-30: Matching Credit Card 

Contributions Under Public Funding Program, 1:21

2007-31: Earmarked Contributions Forwarded to a Presidential 

Candidate by a Nonconnected 

Committee’s Checks Not Matchable, 2:9

2007-32: Political Committee Status 

of Independent Expenditure Organization, 3:8

2007-34: Federal Candidate’s Endorsement of Nonfederal Candidate, 2:10

2007-35: Internet Toolbar Affinity 

Program for Political Committees, 

3:8

Alternative Dispute Resolution

Update, 3:4

Commission

Commission Amends Rules that 

Govern its Procedures, 3:3

Commission Publishes Notice of 

New and Revised Systems of 

Records, 2:4

Message from the Chairman, 1:1

New Chairman Elected, 1:2

New Vice Chair Elected, 3:2

Compliance

MUR 5888: Failure to File Timely 

Under Millionaires’ Amendment, 

2:1

MUR 5895: Personal Use and Prohibited Contributions, 3:1

Nonfilers, 3:4; 4:9

Correction

2008 Coordinated Party Expenditure 

Limits, 4:10

Court Cases

______ v. FEC

– Citizens United, 2:1

– Morgan, 1:4

– SpeechNow.org, 4:6

FEC v. ______

– Hearn, 1:5

– Reform Party of the USA, 4:1

Public Funding

Commission Certifies Primary 

Matching Fund Payments, 2:3

Dodd and Biden Certified for Matching Funds, 1:22

Kucinich and Hunter Certified for 

Matching Funds, 2:4

Outreach

Conference for Corporations and 

their PACs, 2:10

Conferences Scheduled for 2008, 

1:23; 2:11; 3:14; 4:10

Orlando Regional Conference for 

House and Senate Campaigns, 

Political Party Committees and 

Corporate/Labor/Trade PACs, 

1:23

Seminar for Nonconnected Political 

Action Committees, 4:10

Party Activities

2008 Coordinated Party Expenditure 

Limits, 3:6; 4:10

Regulations

Final Rules and Explanation for 

Electioneering Communications, 

1:1

Reports

April Reporting Reminder, 4:1

California Special Election Reporting: 12th District, 3:4

Illinois 14th District Special Election Reporting, 1:13

Indiana Special Election Reporting: 

7th District, 2:5

Louisiana Special Election Reporting: 1st and 6th Districts, 2:6 

Mississippi Special Election Reporting: 1st District, 4:3

Reports Due in 2008, 1:5

Statistics

Number of PACs Increases Slightly 

in 2007, 3:7

Party Committee Contributions 

Update, 4:7

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Federal Election Commission RECORD April 2008

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