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Weekly Digest


For Immediate Release


Judith Ingram

October 12, 2012

Julia Queen
  Christian Hilland

ISSUE 2012-41

Weekly Digest

Week of October 8 – 12


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


Advisory Opinions Issued

AO 2012-32 (Tea Party Leadership Fund). On October 10, the Commission concluded that, at this time, the Federal Election Campaign Act of 1971, as amended, (the Act) and Commission regulations prohibit the Tea Party Leadership Fund from making contributions over $2,500 per election to federal candidates Sean Bielat and John Raese, and that it currently prohibits Bielat and Raese from accepting such contributions.

Advisory Opinions Considered

AOR 2012-25 (American Future Fund/American Future Fund Political Action/McIntosh). On October 12, the Commission voted on two draft advisory opinions but did not reach consensus on either draft based on a request from American Future Fund, American Future Fund Political Action, David McIntosh, and David McIntosh for Indiana. The requestors asked whether they could establish joint fundraising committees. On October 9 and October 11, the Commission had received Extensions of Time.

Advisory Opinions and Requests are available through the Advisory Opinions search page in the Law and Regulations section of the Commission website.


Beam v. Hunter (formerly Beam v. Petersen) (Case 11-3386). On October 9, the United States Court of Appeals for the Seventh Circuit issued its Final Judgment and Order. The Seventh Circuit affirmed the district court's award of $8,300 in costs to the Commission.

James v. FEC (Case 1:12-cv-01451-JEB-JRB-RLW). On October 9, the plaintiff filed a Response to Order to Show Cause in the United States District Court for the District of Columbia.

Johnson v. FEC (Case 8:12-cv-01626-ODW-JC). On October 4, the United States District Court for the Central District of California issued an Order to Show Cause Regarding Jurisdiction. On October 11, plaintiffs filed a Response to Order to Show Cause re Jurisdiction.

Shaun McCutcheon, et al. v. FEC (No. 12-cv-01034 (JEB, JRB, RLW)). On October 9, the plaintiffs filed a Notice to Appeal to the United States Supreme Court.

Stop This Insanity, Inc. Employee Leadership Fund, et al. v. FEC (Case 1:12-cv-01140-BAH). On October 8, the plaintiffs filed an Opposition Motion to the Commission’s Motion to Dismiss in the United States District Court for the District of Columbia.

Van Hollen v. FEC (District Court Case 1:11-cv-00766-ABJ; Circuit Court Case 12-5117). On October 5, the Commission received a petition for rulemaking from the Center for Individual Freedom (CFIF) concerning electioneering communications reporting.

On October 9, the U.S. District Court for the District of Columbia instructed the Commission and CFIF, an intervenor-defendant, to inform the Court two business days after the Commission has made a decision on CFIF's petition for the Commission to engage in rulemaking.


On October 10, Vice Chair Ellen L. Weintraub discussed campaign finance law with students from American University.

On October 11, Vice Chair Weintraub discussed Commission operations and campaign finance law with an international group of government and political leaders representing the Organization for Security and Cooperation in Europe.


Appeals Court Issues Final Judgment in Beam v. Hunter (issued October 9)

FEC Issues Advisory Opinion (issued October 10)


October 16: The Commission is scheduled to hold an executive session.

October 18: The Commission is scheduled to hold an open meeting.

December 12: On Wednesday, December 12, 2012 at 10:00 a.m., the Commission will hold a public hearing to discuss several key issues related to its enforcement process, including issues relating to the documents that were released to the public recently. Any general questions and comments related to the documents can be sent to [email protected].


November 14, Federal Election Commission, Washington, DC. Roundtable Workshop/Webinar on Winding Down the Campaign. Additional information is available on the Educational Outreach page of the Commission website.


October 15: October Quarterly Reports are due. For information on quarterly reporting dates, refer to the 2012 Quarterly Reporting page of the Commission website.

October 20: October Monthly Reports are due. For more information on monthly reporting dates, refer to the 2012 Monthly Reporting page of the Commission website.


The 2012 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.

An index to the Record news articles published in 2012 is available on the Commission website. The Record news page is available in the Publications section of the Commission website. Sign up to receive email notification when new articles are posted.

The FEC Annual Reports from 1975-2006 are now available on the website. Beginning in 2007, the Commission consolidated its Annual Report with its Performance and Accountability Report (PAR) to provide a single account of the agency's activities for each fiscal year.

Printed copies of the 2012 edition of Title 11 of the Code of Federal Regulations are now available. To order, call (800)424-9530 (press 6) or send an email to [email protected].

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