BEFORE THE FEDERAL ELECTION COMMISSION 

In the Matter of ) 

) 

Audit Division Recommendation ) Agenda Documents No. 11 -05, No. 11 -

Memorandum on Kansas Republican ) 05-A, No. 11-05-B and No. 11-05-C 

Party (A08-02) ) 

CERTIFICATION 

I, Shawn Woodhead Werth, recording secretary ofthe Federal Election Commission open 

meeting on March 03, 2011 do hereby certify that the Commission took the following actions in 

the above-captioned matter: 

1. Failed by a vote of 3-3 to: 

Approve the motion as set forth in Agenda Document No. 11-05-B ~ 

Approve Agenda Document No. 11-05, subject to appropriate changes pursuant to 

Directive 70, with the following modifications (and all necessary technical and 

conforming changes): 

a) In Finding 1 ("Misstatement of Financial Activity") - for the reasons 

stated in Finding 2 below 

1) On p.5, delete the third full paragraph relating to receipts and expenditures 

related to attendance at the Republican National Convention, and the 

$74,320 understatement in receipts related to the convention account; 

2) On p.6, delete the furst full paragraph relating to possible prohibited 

contributions relating to the convention account, and the $105,243 

' understatement in disbursements related to the same; 

b) In Finding 2 ("Receipt of Apparent Prohibited Contributions") - delete the 

language in Finding 2 relating to the three receipts totaling $42,498 received 

by KRP's National Convention account, on the grounds that there was a lack of 

information regarding whose convention travel, lodging, and subsistence 

expenses were paid for by the account, as well as the lack of any statutory 

provision or regulation directly addressing the issue of what funds may be used 

to pay for such expenses for delegates and non-delegates 

c) In Finding 3 ("Payment of Federal Activity Out of Non-federal Accounts") 

- delete the following portions of Finding 3 relating to: 

1) "Pavment and Disclosure of Lodging Expense" - this relates to the same 

issue in Finding 2 above; 

2) The following expenses described on p.1 0, on the grounds that the 

proposed Audit findings improperly shift the burden to audited committees 

to disprove a negative instead of properly requiring the Audit Division to 
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Certification for Audit Division Recommendation Memorandum on Kansas Republican Party 

March 3, 2011 

demonstrate its findings: 

i. "Pavment and Disclosure of Non Allocable Federal Election Activitv" -

this regards $1,639 in pins that Audit speculates were used for the 

national convention, for which there is no concrete evidence whatsoever 

that they were actually used for such purpose; 

ii. "Pavment and Disclosure of Allocable Administrative Costs" - with the 

exception of rent, phone service, and office supplies -this portion 

regards expenses (z. e., postage, consulting, travel reimbursements, and 

printing) that allegedly had to be paid with an allocation of Federal and 

non-Federal funds, but which Audit fails to demonstrate with any 

concrete evidence were actually expended for allocable activities and 

not for solely non-Federal activities; 

iii. "Pavment and Disclosure of Printed Materials" - this portion regards 

$14,359 in printed materials that Audit fails to demonstrate with any 

concrete evidence was actually Federal Election Activity. 

d) Find that KRP is not required to take further action with respect to any of the 

findings. 

Commissioners Hunter, McGahn II and Petersen voted affirmatively for the motion. 

Commissioners Bauerly, Walther and Weintraub dissented. 

2. Failed by a vote of 3-3 to: 

Approve Agenda Document No. 11-05. 

Commissioners Bauerly, Walther and Weintraub voted affirmatively for the motion. 

Commissioners Hunter, McGahn II and Petersen dissented. 

3. Decided by a vote of 6-0 to: 

Approve the motion as set forth in Agenda Document No. 11-05-C — 

Approve Agenda Document No. 11-05, subject to appropriate changes pursuant to 

Directive 70, with the following modifications (and all necessary technical and 

conforming changes): 

a) In Finding 1 ("Misstatement of Financial Activity") - approve this fmding, wfith 

the exception of: 

1) The language regarding receipts and expenditures related to attendance at the 

Republican National Convention, and the $74,320 understatement in receipts 

related to the convention account; 

2) The language regarding possible prohibited contributions relating to the 

convention account, and the $105,243 understatement in disbursements related 

to the same; 
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Certification for Audit Division Recommendation Memorandum on Kansas Republican Party 

March 3,2011 

b) In Finding 2 (I'Receipt of Apparent Prohibited Contributions") - approve this 

finding, with the exception o/the language relating to the three receipts totaling 

$42,498 received by KRP's National Convention account. 

c) In Finding 3 ("Payment of Federal Activity Out of Non-Federal Accounts") 

- approve this finding with the exception o/the language relating to: 

1) "Pavment and Disclosure of Lodging Expense" for the $5,000 disbursement for 

lodging at the national party convention; 

2) The following expenses described on p.lO: 

i. "Pavment and Disclosure of Non Allocable Federal Election Activitv" for 

the $1,639 disbursement for pins; 

ii. "Pavment and Disclosure of Allocable Administrative Costs" for all 

disbursements relating to postage, consulting, travel reimbursements, and 

printing. 

iii. "Pavment and Disclosure of Printed Materials" for the $14,359 in printed 

materials. 

d) Find that KRP is not required to take any additional corrective action with 

respect to amending its reports in relation to the receipts to and disbursements 

from its National Convention account, nor is KRP required to make any 

additional reimbursements from its Federal account to the National 

Convention account. Additionally, KRP should remove from its next regularly 

scheduled report the $37,498 disclosed as debt owed by its Federal account to 

the National Convention account. 

Commissioners Bauerly, Hunter, McGahn II, Petersen, Walther and Weintraub voted 

affirmatively for tbe decision. 

Attest: 

Date Shawn Woodhead Werth V 

Secretary and Clerk of the Commission