Week of November 21 – November 25, 2016

Commission meetings and hearings

No Commission open meetings or executive sessions were scheduled this week.

Enforcement

The Commission made public three closed cases, as follows. For more information, see the case documents in the Enforcement Query System.

MUR 6794

• COMPLAINANT: James C. Whelpley
• RESPONDENTS: Emmer for Congress and Jennifer Niska, in her official capacity as treasurer (the Committee); Thomas Emmer; Integrity Exteriors and Remodelers, Inc. (Integrity); and Renters Warehouse
• SUBJECT: The complaint alleged that Integrity made and the Committee received a prohibited in-kind corporate contribution when Emmer appeared in its television and internet advertisement to recommend Integrity. The complaint implied further that Renters Warehouse made in-kind corporate contributions when Emmer appeared in its infomercials and as a special guest at one of its events after he became a 2014 candidate for Minnesota’s 6th Congressional District.
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in furtherance of the Commission’s priorities. The Commission noted the apparently small amounts at issue in the matter.

MUR 6959

• COMPLAINANT: Thomas Fitton, Judicial Watch
• RESPONDENTS: Democratic National Committee and Andrew Tobias, in his official capacity as treasurer (DNC); and Cindy Nava
• SUBJECT: The complaint alleged that the DNC hired Nava, a foreign national, as an intern who took part in the DNC’s decision-making or management processes and who thus apparently made a prohibited foreign national contribution to the DNC.
• DISPOSITION: The Commission found no reason to believe the DNC or Nava violated the Federal Election Campaign Act of 1971, as amended (the Act) because (1) the available information did not indicate that Nava participated in the decision-making or management processes of the DNC and (2) it does not appear that Nava made a contribution to the DNC in the form of services she provided while working there as an intern.

MUR 6999

• COMPLAINANT: Brian M. Nelson
• RESPONDENTS: David Larsen; and Exploratory Congressional Committee for David Larsen DBA David Larsen for Congress and David Larsen, in his official capacity as treasurer (the Committee)
• SUBJECT: The complaint alleged that Larsen filed a late Statement of Candidacy with the Commission, and as a consequence the Committee purportedly filed its Statement of Organization late and failed to file a quarterly report. Larsen was a 2016 candidate for New Jersey’s 7th Congressional District.
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter, noting the small amount at issue. The Commission sent a letter cautioning Larsen and the Committee about the timely filing requirements for registration and disclosure under Commission regulations.

Audits

Repayment After Administrative Review for Gary Johnson and Gary Johnson 2012, Inc.*

On November 23, the Commission made public a repayment of public funds received from the 2012 campaign of presidential candidate Gary Johnson, and his principal campaign committee, Gary Johnson 2012, Inc. After administrative review, the Commission determined that Gary Johnson and Gary Johnson 2012, Inc. must repay a total of $333,441 to the United States Treasury for matching funds received, based upon the use of public funds for non-qualified campaign expenses and for submitting contributions that were later determined to be ineligible for matching. The final repayment of $333,874.75 represents the repayment determination as well as accrued interest.

Litigation

• Levinthal, et al v. FEC (Case 1:15-CV-01624-APM). On November 23, the United States District Court for the District of Columbia issued a Memorandum Opinion and Order, granting summary judgment to the Commission.

Upcoming Commission meetings and hearings

• December 1: The Commission is scheduled to hold an open meeting.
• December 6: The Commission is scheduled to hold an executive session.
• December 8: The Commission is scheduled to hold an open meeting.
• Meeting dates are subject to change. Please contact the Press Office the week of the scheduled meeting for confirmation.

Upcoming reporting due dates

• December 8: Post-General Reports are due. For more information on reporting dates, refer to the 2016 Reporting Dates page of the Commission website.

Disclosure initiatives

Commission staff, together with our partners at 18F, continue to add new features to the agency's beta.fec.gov website. The Commission encourages website visitors to submit comments and questions by clicking on the “Feedback” tab at the bottom of each page.

Additional research materials

Additional research materials about the agency, campaign finance information, and election results are available through the Library section of the Commission website.

The 2016 edition of the Combined Federal State Disclosure and Election Directory is available in the Public Records section of the Commission website. This publication identifies the federal and state agencies responsible for the disclosure of campaign finances, lobbying, personal finances, public financing, candidates on the ballot, election results, spending on state initiatives and other financial filings.

The Commission has published the November Record newsletter. Sign up to receive email notification when new Record articles are posted.

The 2016 edition of Title 11 of the Code of Federal Regulations can be downloaded from the website. To order printed copies, call (800) 424-9530 (press 6) or send an email to info@fec.gov.

* This item has been edited since publication to clarify details of the repayment.