September 2010 Federal Election Commission Volume 36, Number 9

Table of Contents

(continued on page 4) (continued on page 2)

 Court Cases

1 CREW v. FEC

1 Advisory Opinions

 Reports

5 Illinois Special Election Reporting: 

Senate Vacancy

6 Indiana Special Election 

Reporting: 3rd District 

7 Nonfilers

 Outreach

8 Roundtable on Pre-Election 

Communications

8 FEC to Host Reporting and 

E-Filing Workshops

 

8 Index

 

9 Legal History of the Presidential 

Election Campaign Fund Act

Available from the FEC

Court Cases Advisory 

Opinions

AO 2010-12

Payroll Deduction from 

Directors’ Compensation for 

Voluntary SSF Contributions

Because Procter & Gamble 

Company (P&G) directors are 

compensated on a salary rather than 

hourly basis, they are considered 

part of P&G’s restricted class, and 

thus eligible to be solicited by the 

corporation’s separate segregated 

fund (SSF). P&G may extend its 

payroll deduction program to include 

the deduction of pre-authorized SSF 

contributions from board members’ 

quarterly retainer payments.

Background

P&G operates a corporate payroll 

deduction system for its SSF, the 

Procter & Gamble Company Good 

Government Committee (P&G 

PAC). Employees in P&G’s restricted class may elect to contribute 

to P&G PAC by pre-authorizing 

periodic deductions from their salary 

payments. P&G would like to extend 

the payroll deduction program to the 

members of its board of directors 

who are not full-time P&G employees, but who receive a salary of quarterly retainer payments from P&G 

as compensation for their board 

service. Under P&G’s plan, P&G 

CREW v. FEC

On August 11, 2010, Citizens for 

Responsibility and Ethics in Washington (“CREW”) filed suit against 

the Commission for declaratory and 

injunctive relief in the U.S. District 

Court for the District of Columbia, 

challenging as contrary to law the 

Commission’s dismissal of a complaint that was filed by CREW and 

CREW Executive Director Melanie 

Sloan. CREW argues that the Commission’s actions were improper 

because it did not provide a Statement of Reasons or explanation for 

its dismissal of the complaint. 5 

U.S.C. §706 and 2 U.S.C. §437g(a)

(8). CREW further requests declaratory and injunctive relief under the 

Administrative Procedure Act (APA) 

and the Federal Election Campaign 

Act (the Act), challenging as arbitrary, capricious and contrary to law 

the Commission’s alleged failure to 

provide Statements of Reasons or 

any other explanation for the dismissal of some administrative complaints within the 60-day period for 

filing petitions of review. 5 U.S.C. 

§706 and 2 U.S.C. §437g(a).

Background

CREW is a non-profit corporation “committed to ensuring the 

integrity of government officials and 

to protecting the right of citizens to 
Federal Election Commission RECORD September 2010

2

Federal Election Commission

999 E Street, NW

Washington, DC 20463

800/424-9530 (Toll-Free)

202/694-1100 (Information Div.)

202/501-3413 (FEC Faxline)

202/219-3336 (TDD for the

 hearing impaired)

Matthew S. Petersen, 

 Chairman

Cynthia L. Bauerly, 

 Vice Chair

Caroline C. Hunter, 

 Commissioner

Donald F. McGahn II, 

 Commissioner

Steven T. Walther,

 Commissioner

Ellen L. Weintraub, 

 Commissioner

Alec Palmer,

 Acting Staff Director

Christopher Hughey, 

 Acting 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

Myles G. Martin, 

 Editor

http://www.fec.gov

(continued on page 3)

Advisory Opinions

(continued from page 1)

PAC would send a written solicitation to the director informing him 

or her of the choice to have P&G 

automatically deduct a portion of 

each quarterly retainer payment as a 

contribution to P&G PAC. Directors 

wishing to participate would return a 

signed authorization form.

Analysis

The basic question asked was 

whether P&G, with prior authorization from a P&G board member, 

may deduct a contribution to P&G 

PAC from the board member’s quarterly retainer payments. Under the 

Federal Election Campaign Act (the 

Act) and Commission regulations, 

corporations are prohibited from 

making contributions in connection with federal elections and are 

generally prohibited from facilitating the making of contributions. 

11 CFR 114.2(b)(1) and 114.2(f)

(1). However, a corporation’s use of 

general treasury funds to establish 

and administer its SSF and to solicit 

contributions to the SSF from the 

corporation’s restricted class is not 

a contribution and does not facilitate the making of a contribution. 

11 CFR 114.1(a)(2)(ii); 114.5(b)

(1). The restricted class includes the 

corporation’s executive and administrative personnel, stockholders and 

the family members of each. 11 CFR 

114.5(g)(1). The “executive and administrative personnel” are employees who are paid on a salary rather 

than hourly basis and who have policymaking, managerial, professional 

or supervisory responsibilities. 11 

CFR 114.1(c). Members of a corporation’s board of directors are not 

automatically considered members 

of the corporation’s restricted class. 

11 CFR 114.5(g)(1) and 114.1(c)

(1)-(3); AO 2000-10. “[A] director 

must be paid a salary or stipend in 

order to be solicited (assuming the 

director is not otherwise solicitable 

as a stockholder or as an executive 

employee of the corporation).” AO 

2000-10. 

In this case, the Commission 

concluded that since P&G pays the 

directors quarterly retainers on a 

salary rather than hourly basis, the 

directors are members of P&G’s 

restricted class and may be solicited 

by P&G PAC.

Commission regulations provide that facilitating the making of 

contributions does not include “[e]

nrolling members of a corporation’s . . . restricted class in a payroll 

deduction or check-off system which 

deducts contributions from dividend 

or payroll checks to make contributions” to the corporation’s SSF. See 

11 CFR 114.2(f)(4)(i). The Commission has issued a number of advisory 

opinions approving corporate payroll 

deduction or checkoff plans. See, 

e.g., AOs 2001-04 and 1999-03. It 

has also approved other similar arrangements. See AOs 2009-31 and 

1999-06.

The Commission determined that 

P&G’s proposal to provide for preauthorized deductions from board 

members’ quarterly retainer payments is analogous to such previous 

proposals and is thus permissible under the Act and Commission regulations. The Commission conditioned 

its approval upon P&G’s compliance 

with the voluntariness requirements 

of 11 CFR 114.5(a), including the 

right of contributors to revoke their 

authorizations or to modify their 

contribution amounts at any time. In 

addition, P&G may not forward any 

contributions to P&G PAC until the 

quarterly retainer payments are paid 

to the contributors. This is to avoid 

advancing corporate funds, which is 

prohibited by 2 U.S.C. §441b(a). 11 

CFR 114.1(a)(1).

Date Issued: August 13, 2010;

Length: 4 pages.

—Zainab Smith

AO 2010-13

Libertarian Party of Florida 

Qualifies as State Party 

Committee

The Libertarian Party of Florida 

(the LPF) qualifies as a state party 

committee under the Federal Election Campaign Act (the Act) because: (1) the national Libertarian 

Party qualifies as a political party; 

(2) the LPF is part of the official 

Libertarian Party structure; and (3) 

the LPF is responsible for the dayto-day operations of the Libertarian 

Party at the state level in Florida.

Background

The Act defines a “state committee” as an organization that, by 

virtue of the bylaws of a “political 

party,” is part of the official party 
September 2010 Federal Election Commission RECORD

3

Advisory Opinions

(continued from page 2)

structure and is responsible for the 

day-to-day operations of the political party at the state level, as determined by the Commission. 2 U.S.C. 

§431(15); 11 CFR 100.14(a). A 

“political party” is an “association, 

committee, or organization which 

nominates a candidate for election 

to any federal office whose name 

appears on the election ballot as the 

candidate of such association, committee, or organization.” 2 U.S.C. 

§431(16); 11 CFR 100.15.

The determination of a state 

party organization’s status as the 

state committee of a political party 

depends on three elements. First, 

the national party of which the state 

party organization is a part must 

itself be a “political party.” Second, 

the state party organization must be 

part of the official structure of the 

national party. Third, the state party 

organization must be responsible 

for the day-to-day operations of the 

national party at the state level. See 

AOs 2009-16, 2008-16 and 2007-06.

Analysis

The Commission must first assess 

whether the national party qualifies as a “political party” under the 

Act and Commission regulations. 2 

U.S.C. §431(15) and (16); 11 CFR 

100.14 and 100.15. In advisory 

opinions from 1975 forward, the 

Commission has recognized the Libertarian Party as a political party and 

the Libertarian National Committee 

as the national committee of the Libertarian Party. See AO 1975-129; see 

also AOs 2009-16 and 2008-16. The 

Commission is aware of no changes 

that would alter that conclusion.

Second, the LPF must qualify as 

part of the official structure of the 

national party. 2 U.S.C. §431(15); 

11 CFR 100.14(a). In past advisory 

opinions, the Commission has considered supporting documentation 

indicating that the state party is part 

of the official party structure. In this 

case, the memorandum from Robert 

S. Kraus, Director of Operations of 

the Libertarian National Committee, 

provides sufficient documentation 

to establish the LPF as part of the 

Libertarian Party’s official party 

structure.

Third, the LPF must maintain 

responsibility for the day-to-day 

operations of the national party at 

the state level. 2 U.S.C. §431(15); 11 

CFR 100.14(a). In previous advisory 

opinions, the Commission has evaluated this element by considering two 

criteria:

•	 Whether the organization has

placed a “candidate” on the ballot 

(thereby qualifying as a “political 

party”); and

•	 Whether the bylaws or other

governing documents of the 

state party organization indicate 

activity commensurate with the 

day-to-day functions and operations of a political party at the 

state level.

Placing a “candidate” on the ballot is required because the requesting 

organization’s existence as a political party is prerequisite for state 

committee status. A state party organization must actually obtain ballot 

access for one or more “candidates,” 

as defined in the Act. See 2 U.S.C. 

§431(2), §431(15) and §431(16); 11 

CFR 100.3(a), 100.14(a) and 100.15. 

The LPF has satisfied this criterion 

by placing Alex Snitker on the 2010 

Florida general election ballot as 

the Libertarian Party’s candidate for 

U.S. Senate. Reports filed with the 

Commission confirm that Mr. Snitker’s principal campaign committee received contributions or made 

expenditures in excess of $5,000, 

thus satisfying the Act’s definition of 

a “candidate.” See 2 U.S.C. §431(2); 

11 CFR 100.3(a). Accordingly, the 

LPF qualifies as a “political party” 

under the Act.

The Commission also determined 

that the LPF Constitution, Bylaws 

and Standing Rules establish specific 

responsibilities for the LPF’s officers 

and committees and, taken together, 

delineate activity commensurate 

with the day-to-day functions and 

operations of a political party on the 

state level, thus satisfying the second 

criterion.

Because all three elements of 

the definition of “state committee” are satisfied, the Commission 

determined that the LPF qualifies 

as a state committee of a political 

party under the Act and Commission 

regulations.

Date Issued: August 2, 2010;

Length: 5 pages.

—Christopher Berg

Advisory Opinion Requests

AOR 2010-18

Transfer or redesignation of 

excess recount funds to state party 

committee’s general federal account 

(Minnesota Democratic-FarmerLabor Party, July 26, 2010) 

AOR 2010-19 

Exemption from full disclaimer 

requirements of character-limited 

text ads (Google, August 5, 2010)

AOR 2010-20

Nonconnected committee’s receipt of corporate or union funds to 

make independent expenditures and 

allocation of administrative and operating expenses (National Defense 

PAC, August 11, 2010)

AOR 2010-21 

Proposed affinity program for recycled cell phones (ReCellular, Inc., 

August 6, 2010)
Federal Election Commission RECORD September 2010

4

Court Cases

(continued from page 1)

be informed about the activities of 

government officials.”

On March 14, 2007, CREW and 

Ms. Sloan filed a complaint with the 

Commission against Peace Through 

Strength Political Action Committee (“PTS PAC”) for violations of 

the Act. PTS PAC was the political 

action committee of Rep. Duncan 

Hunter, who was then a Presidential 

candidate. The complaint alleged 

that PTS PAC had knowingly received contributions exceeding the 

Act’s individual contribution limit 

for “testing the waters” activities; 

that PTS PAC had failed to register 

as a candidate committee; that it had 

made an excessive in-kind contribution; and that it had failed to report 

disbursements for certain television 

ads.

The Commission found reason to 

believe that PTS PAC had violated 

the Act, but determined on June 

29, 2010, to take no further action 

and closed the file in the matter. 

The court complaint states that, “to 

date, CREW has not seen either 

the documents related to this case 

or the FEC’s Statement of Reasons 

explaining its dismissal of CREW’s 

complaint,” and that without such 

documents, “CREW cannot ascertain the basis for the FEC’s dismissal 

of CREW’s complaint.”

The complaint alleges that “the 

FEC refrains from issuing Statements of Reasons explaining the 

bases for its dismissal within the 

60-day period for filing a petition 

for review under 2 U.S.C. §437g(a)

(8) with the intent and/or effect of 

depriving complainants of their 

statutory right to judicial review 

and preventing the U.S. District 

Court for the District of Columbia 

from ruling on the issue on which 

the FEC has not been able to reach 

consensus.”

Chairman Petersen and Commissioners Hunter, McGahn, Walther 

and Weintraub issued a Statement of 

Reasons on August 23, 2010.

Statute and Commission 

Regulations

Under the Act, any person who 

believes there to have been a violation of the Act may file a sworn 

complaint with the Commission. 

Upon receipt of a complaint, the 

Commission has five days in which 

to notify the person or persons 

alleged in the complaint to have 

violated the Act. 2 U.S.C. §437g(a)

(1). Based on the complaint, response and any recommendation of 

the Commission’s Office of General 

Counsel, the Commission may then 

vote on whether there is “reason to 

believe” a violation of the Act has 

occurred. If the Commission finds 

there is “reason to believe” a violation of the Act has occurred, the 

Commission must notify the respondents of that finding and “make an 

investigation of such alleged violation.” 2 U.S.C. §437g(a)(2).

After the investigation, the Commission’s General Counsel may recommend that the Commission vote 

on whether there is “probable cause” 

to believe that the Act has been 

violated. 2 U.S.C. §437g(a)(3). If the 

Commission determines that there is 

“probable cause,” the Commission 

must attempt for at least 30 days, but 

not more than 90 days, to resolve 

the matter by “informal methods of 

conference, conciliation and persuasion.” 2 U.S.C. §437g(a)(4)(A)(i). If 

the Commission is unable to settle 

the matter through informal methods, it may institute a civil action in 

the appropriate U.S. District Court. 2 

U.S.C. §437g(a)(6)(A).

The Act provides that, if the Commission dismisses a complaint, any 

“party aggrieved” may seek judicial 

review of that dismissal in the U.S. 

District Court for the District of 

Columbia within 60 days after the 

date of dismissal. The district court 

reviewing the Commission’s dismissal of a complaint may declare 

the Commission’s actions “contrary 

to law.” 2 U.S.C. §437g(a)(8)(A)-

(C).

Complaint

The complaint asks the court to 

declare that the FEC’s dismissal 

of CREW’s complaint without 

providing a Statement of Reasons 

is contrary to law; to remand the 

matter to the FEC with an order to 

conform to the declaration within 

30 days; to declare that the FEC’s 

alleged pattern of failing to provide 

a Statement of Reasons or other explanation for dismissing complaints 

within 60 days of such dismissals is 

arbitrary, capricious and contrary to 

law; and to order the FEC to issue 

a Statement of Reasons or other explanation for dismissing complaints 

“sufficiently within 60 days of such 

dismissals so as to permit a complainant to file” a petition for review. 

The full text of the court complaint is available at http://www.fec.

gov/law/litigation/crew_complaint.

pdf.

U.S. District Court for the District 

of Columbia: No. 1:10-cv-1350-

RMC (D.D.C. filed Aug. 11, 2010).

—Myles Martin
September 2010 

5

(continued on page 6)

Reports Illinois Senate Special Election 

Reporting

Committees Involved in the Special General (11/02/10) 

Must File:

 Close of Reg./Cert./Overnight Filing 

 Books1 Mailing Deadline Deadline

Pre-General October 13 October 18 October 21

Post-General November 22 December 2 December 2

Year-End December 31 January 31, 2011 January 31, 2011

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.

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 online tracking system.

Illinois Special Election 

Reporting: Senate Vacancy

Illinois will hold a Special Election to fill the remainder of President 

Obama’s original U.S. Senate term, 

which expires on January 3, 2011. 

The Special General will be held 

November 2, 2010.

Candidate committees involved 

in this election must follow the 

reporting schedule at right. Please 

note that the reporting period for the 

Post-General election report 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 the schedule above. PACs and 

party committees that file monthly 

must continue to file according to 

their regular filing schedule. 

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 registered or 

certified 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. 2 U.S.C. §434(a)(5) 

and 11 CFR 104.5(e).

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. 2 U.S.C. 

§434(a)(5) and 11 CFR 104.5(e).

Other Means of Filing. Reports 

sent by other means—including 

first class mail and courier—must 

be received before the Secretary of 

the Senate Public Records Office’s 

or the Commission’s close of business on the filing deadline. 11 CFR 

100.19 and 104.5(e).

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

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

forms.shtml) and from FEC Faxline, 

the agency’s automated fax system 

(202/501-3413).

Filing Electronically

U.S. Senate committees that file 

with the Secretary of the Senate are 

not subject to the mandatory electronic filing rules, but may file an 

unofficial copy of their reports with 

the Commission in order to speed 

disclosure.

For other political committees, 

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.

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 

October 14 and October 30, 2010, 

for the Special General Election. 

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 October 14 and October 31, 2010, for 

the Special General Election. This 

requirement is in addition to that of 

filing 48-hour reports of independent 

expenditures that aggregate $10,000 

or more during a calendar year.

Electioneering Communications

The 60-day electioneering communications period in connection 

with the Special General Election 

runs from September 3 through November 2, 2010.
Federal Election Commission RECORD September 2010

6

Reports

(continued from page 5)

(continued on page 7)

Indiana Special Election 

Reporting: 3rd District

Indiana will hold a Special Election to fill the U.S. House seat in 

Indiana’s 3rd Congressional District 

vacated by Representative Mark 

Souder. The Special General will be 

held November 2, 2010.

Candidate committees involved 

in this election must follow the 

reporting schedule at right. Please 

note that the reporting period for the 

Post-General election report 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 the schedule above. PACs and 

party committees that file monthly 

must 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. Electronic filers who instead 

file on paper or submit an electronic 

Indiana 3rd District Special Election 

Reporting

Committees Involved in the Special General (11/02/10) 

Must File:

 Close of Reg./Cert./Overnight Filing 

 Books1 Mailing Deadline Deadline

Pre-General October 13 October 18 October 21

Post-General November 22 December 2 December 2

Year-End December 31 January 31, 2011 January 31, 2011

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.

Disclosure of Lobbyist Bundling 

Activity

Campaign committees, party 

committees and leadership PACs 

that are otherwise required to file 

reports in connection with the special election must simultaneously 

file FEC Form 3L if they receive two 

or more bundled contributions from 

lobbyists/registrants or lobbyist/registrant PACs that aggregate in excess 

of $16,000 during the special election reporting period (see reporting 

schedule chart on page 5). 11 CFR 

104.22(a)(5)(v). For more information on these requirements, see the 

March 2009 Record.

—Elizabeth Kurland 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 registered or 

certified 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. 2 U.S.C. §434(a)(5) 

and 11 CFR 104.5(e).

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. 2 U.S.C. 

§434(a)(5) and 11 CFR 104.5(e).

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. 11 CFR 100.19 

and 104.5(e).

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

website (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 

October 14 and October 30, 2010, 

for the Special General Election. 

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 October 14 and October 31, 2010, for 

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 online tracking system.
September 2010 Federal Election Commission RECORD

7

Nonfilers

Reports

(continued from page 6)

the Special General Election. This 

requirement is in addition to that of 

filing 48-hour reports of independent 

expenditures that aggregate $10,000 

or more during a calendar year.

Electioneering Communications

The 60-day electioneering communications period in connection 

with the Special General Election 

runs from September 3 through November 2, 2010.

Disclosure of Lobbyist Bundling 

Activity

Campaign committees, party 

committees and leadership PACs 

that are otherwise required to file 

reports in connection with the special election must simultaneously 

file FEC Form 3L if they receive two 

or more bundled contributions from 

lobbyists/registrants or lobbyist/registrant PACs that aggregate in excess 

of $16,000 during the special election reporting period (see reporting 

schedule chart on page 6). 11 CFR 

104.22(a)(5)(v). For more information on these requirements, see the 

March 2009 Record.

—Elizabeth Kurland

Committees Fail to File PreElection Reports

The Commission cited several 

campaign committees in August for 

failing to file the 12-Day Pre-Election Reports required by the Federal 

Election Campaign Act (the Act).

Tennessee Pre-Primary Report

The Commission cited four 

campaign committees for failing to 

file the 12-Day Pre-Primary Election 

Report for Tennessee’s primary election held on August 5, 2010. 

As of August 3, 2010, the required disclosure reports had not 

been received from:

•	 Committee to Elect Van Irion

(TN-3); 

•	 Friends of Brent Staton (TN-3);

•	 Lonnie Spivak for Congress (TN5); and 

•	 Committee to Elect Dr. Greg

Rabidoux (TN-7). 

The reports were due on July 24, 

2010, and should have included financial activity for the period July 1, 

2010, through July 16, 2010. If sent 

by certified or registered mail, the 

reports should have been postmarked 

by July 21, 2010.

The FEC notified committees 

involved in the Tennessee primary 

election of their potential filing 

requirements on June 30, 2010. 

Those committees that did not file on 

the due date were sent notification 

on July 26, 2010, that their reports 

had not been received and that their 

names would be published if they 

did not respond within four business 

days.

Washington Pre-Primary Report

The Commission cited two campaign committees for failing to file 

the 12-Day Pre-Primary Election 

Report for Washington’s primary 

election held on August 17, 2010. 

As of August 13, 2010, the 

required disclosure reports had not 

been received from:

•	 David Hedrick for Congress (WA3); and

•	 Jesse Young for US Congress

(WA-6).

The reports were due on August 

5, 2010, and should have included financial activity for the period July 1, 

2010, through July 28, 2010. If sent 

by certified or registered mail, the 

reports should have been postmarked 

by August 2, 2010.

The FEC notified committees 

involved in the Washington primary 

election of their potential filing requirements on July 12, 2010. Those 

committees that did not file on the 

due date were sent notification on 

August 6, 2010, that their reports 

had not been received and that their 

names would be published if they 

did not respond within four business 

days.

Alaska, Arizona and Florida PrePrimary Reports

The Commission cited nine 

campaign committees for failing to 

file the 12-Day Pre-Primary Election 

Report for primary elections held on 

August 24, 2010, in Alaska, Arizona 

and Florida. 

As of August 20, 2010, the 

required disclosure reports had not 

been received from:

•	 Scott McAdams for United States

Senate (AK); 

•	 Committee to Elect Joe Penalosa

(AZ-4); 

•	 Goss for Congress (AZ-8);

•	 Kevin Burns 4 U.S. Senate (FL);

•	 Thorpe for U.S. Senate (FL);

•	 Rick Eaton for Congress (FL-13);

•	 Ed Tautiva for Congress Committee (FL-16); 

•	 Jim Horn Election Committee

(FL-16); and

•	 Deon Long for Congress (FL24). 

The reports were due on August 

12, 2010, and should have included 

financial activity for the period July 

1, 2010, through August 4, 2010. If 

sent by certified or registered mail, 

the reports should have been postmarked by August 9, 2010.

The Commission notified committees involved in primary elections in Alaska, Arizona and Florida 

of their potential filing requirements 

on July 19, 2010. Those committees that did not file on the due date 

were sent notification on August 13, 

2010, that their reports had not been 

received and that their names would 

be published if they did not respond 

within four business days.

—Myles Martin
Federal Election Commission RECORD September 2010

8

FEC to Host Reporting and 

E-Filing Workshops

On October 6, 2010, the Commission will host roundtable workshops 

on reporting and electronic filing. 

The reporting sessions will address 

common filing problems and provide 

answers to questions committees 

may have as they prepare to file their 

financial reports. The electronic filing sessions will provide hands-on 

instruction for committees that use 

the Commission’s FECFile software 

and will address questions filers may 

have concerning electronic filing. Attendance is limited to 50 people per 

reporting workshop and 16 people 

per electronic filing workshop; the 

registration fee is $25 per workshop. 

The registration form is available on 

the FEC’s website at http://www.fec.

gov/info/outreach.shtml#roundtables

and from Faxline, the FEC’s automated fax system (202/501-3413, 

Roundtable on Pre-Election 

Communications

On September 15, 2010, the 

Commission will host a roundtable 

workshop to review the rules and 

reporting requirements for specific 

types of pre-election communications, including:

•	 Electioneering communications

disseminated within 60 days of 

the general election; 

•	 Independent expenditures; and

•	 Coordinated communications.

Outreach

Roundtable 

Schedule

Pre-Election Communications

September 15, 2010

9:30 a.m.-11:00 a.m.

FEC Headquarters

Reporting Workshops

October 6-7, 2010

FEC Headquarters

Reporting for Candidate 

Committees (Oct. 6)

9:30 a.m.-11:00 a.m.

FECFile and E-Filing for 

PACs and Party Committees 

(Oct. 6)

9:30 a.m.-11:00 a.m.

Reporting for PACs and 

Party Committees (Oct. 6)

1:00 p.m.-2:00 p.m.

FECFile and E-Filing for 

Candidate Committees (Oct. 6) 

1:00 p.m.-2:00 p.m.

FECFile and E-Filing for 

PACs and Party Committees 

(Oct. 7)

9:30 a.m.-11:00 a.m. 

Index

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

the 2010 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.

Advisory Opinions

2009-29: Membership organization 

may establish SSF without vote of 

its membership, 2:4

2009-30: Trade association corporate 

members may use treasury funds to 

assist their SSFs, 3:9

2009-31: Employees may use credits 

to make contributions to SSF, 3:10

2009-32: Proposed sale of art on behalf of committees is not a contribution, 3:10

2010-01: State party activity on behalf of presumptive nominee, 4:10

2010-02: State party committee may 

use nonfederal funds to purchase 

office building, 4:11

2010-03: Members of Congress may 

solicit nonfederal funds for redistricting trust, 6:1

2010-04: Determining composition of 

corporation’s restricted class, 6:3

2010-05: Sale of ad time on a foreign-owned television station, 7:1

2010-06: Political affinity accounts 

for revenue-generating web platform, 7:3

2010-07: Members of Congress may 

solicit funds for state ballot measure, 7:5

2010-08: Film production, distribution costs qualify for press exemption, 7:6

(continued on page 9)

The presentation will also highlight recent court decisions, advisory 

opinions and rulemakings related 

to these types of communications.

Attendees representing registered 

committees will have an opportunity 

to meet their Campaign Finance 

Analyst after the session. 

The registration fee for this 

workshop is $25. Payment by credit 

card is required prior to the seminar. 

A full refund will be made for all 

cancellations received before 5 p.m. 

EDT, September 10, 2010. Complete information and the registration form are available on the FEC 

website at http://www.fec.gov/info/

outreach.shtml#roundtables. Attendance is limited and registration will 

be accepted on a first-come, firstserved basis. Further questions about 

the workshop 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.

—Kathy Carothers

request document 590). For more 

information, please call the Information Division at 800/424-9530 (press 

6), or locally at 202/694-1100.

—Kathy Carothers

Sold Out!

Just Added!
September 2010 Federal Election Commission RECORD

9

Index

(continued from page 8)

2010-09: Corporate sponsored IEonly committee may solicit and 

accept unlimited individual contributions, 8:1

2010-10: Attribution of independent 

expenditures, 8:3

2010-11: Contributions to an independent expenditure committee, 

8:4

2010-12: Payroll deduction from 

directors’ compensation for voluntary SSF contributions, 9:1

2010-13: Libertarian Party of Florida 

qualifies as state party committee, 

9:2

Commission

Commission statement on Citizens 

United v. FEC, 3:1

FEC Elects Chairman and Vice 

Chair for 2010, 1:1

FEC Introduces new compliance 

map, 2:2

Message from the Chairman, 2:1

Policy statement establishes pilot 

program for requesting consideration of legal questions, 8:1

Compliance

Nonfilers, 3:12; 6:10; 7:12; 8:6; 9:7

Court Cases

______v. FEC

 - Cao, 3:1

 - Citizens United, 2:1

 - CREW, 9:1

 - Fieger, 4:4

 -RNC, 5:3

 -SpeechNow.org, 5:1; 7:11

 - The Real Truth About Obama, 

Inc., 7:10

 - Unity08, 4:1

 -Utility Workers, et. al, 4:3

FEC v. ______

 - Novacek, 5:5

U.S. v. O’Donnell, 7:11

Inflation Adjustments

2010 Coordinated party expenditure 

limits, 3:5

Lobbyist bundling threshold unchanged for 2010, 3:6

Outreach

Conferences in 2010, 1:14; 2:5; 3:12-

13; 4:14; 5:7; 6:12

June Reporting Roundtable, 6:12

Nonconnected Committee Seminar, 

2:7; 3:13; 4:14-15

October Reporting Roundtable, 8:7; 

9:8

Roundtable on new travel rules, 1:15; 

2:6

Roundtable on pre-election communications, 8:7; 9:8

Year-End reporting roundtable, 1:14

Regulations

Effective date for amendments to 

travel rules, 8:5

Final Rules on campaign travel, 1:1

Final Rules on debt collection, 5:1

Final Rules on funds received in 

response to solicitations; allocation 

of expenses by PACs, 4:8

Final Rules on participation by federal candidates and officeholders at 

nonfederal fundraising events, 6:1

Hearings on coordinated communications rules, 6:7

Hearing on proposed federal election 

activity (FEA) rules, 3:8

NPRM on debt collection, 4:9

NPRM on federal candidates’ and 

officeholders’ participation in party 

fundraisers, 1:5

NPRM on funds received in response 

to solicitations; allocation of expenses by certain committees, 2:4

NPRM on standards of conduct, 6:6

Petition for rulemaking on Citizens 

United, 3:7

Public hearing rescheduled for March 

16, 3:7

Supplemental NPRM on Coordinated 

Communications, 3:7

Reports

FEC Form 3L Due in July, 7:9

Florida Special Election Reporting: 

19th District, 1:12

Georgia Special Election Reporting: 

9th District, 4:4

Hawaii Special Election Reporting: 

1st District, 4:7

Illinois Special Election Reporting: 

Senate Vacancy, 9:5

Indiana Special Election Reporting: 

3rd District, 9:6

Pennsylvania Special Election Reporting: 12th District, 4:6

Reports Due in 2010, 1:8; 4:1; 7:1

West Virginia Senate Special Election 

Reporting: 8:5

Statistics

House and Senate campaigns raise 

nearly $600 million in 2009, 4:12

PAC activity remains steady in 2009, 

5:7

Party committees report slight increase in 2009 receipts, 4:13

Website

Candidate Disbursements search 

feature available on website, 6:10

800 Line

Redesignating and reattributing contributions, 8:7

Legal History of the 

Presidential 

Election Campaign 

Fund Act Available 

from the FEC

 The FEC’s Law Library is 

making available case-bound 

copies of the Legal History of the 

Presidential Election Campaign 

Fund Act in two volumes. 

Compiled and printed by agency 

staff in 1984, these editions 

provide an exhaustive historical 

record of the bills, accompanying 

reports and floor debates from 

which the present law originated. 

The material is presented in 

chronological fashion, starting 

with the 1957 Gore Report, 

which examined the campaign 

contributions and expenditures 

during the 1956 federal elections.

These volumes are available to the 

public free of charge. They can be 

obtained at the Federal Election 

Commission’s headquarters at 999 

E Street NW, Washington, DC, 

20463. To obtain a copy, please 

contact Leta Holley at lholley@

fec.gov or (202) 694-1516.