Reports Advisory Opinions Owned by Corporations and Is Affili- (Continued from Page 2) (Continued from Page 1) Ated with at Least One of the Corpora- Tions
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November 2010 Federal Election Commission Volume 36, Number 11 Table of Contents Reports Advisory Reports 1 Post-General Reporting Reminder Post-General Reporting Opinions Reminder AO 2010-16 1 Advisory Opinions The 30-Day Post-General Elec- SSF of Corporate-Owned tion report is due on December 2, LLC 800 Line 2010. The Post-General Election 8 Winding Down Your Federal EmblemHealth LLC, a limited Campaign report covers activity from October 14 (or from the close of books of the liability company that is treated as a partnership for tax purposes and 11 Nonfilers last report filed) through November 22. The following committees must is wholly owned by corporations, may pay the administrative and Outreach file this report: solicitation costs of its affiliated 12 Winding Down the Campaign • All registered PACs and party Reporting Roundtable corporation’s separate segregated 12 FEC to Host Reporting and committees—even committees fund (SSF), but it may not be named E-Filing Workshops for the 2010 with little or no activity to dis- as the SSF’s connected organiza- Year-End Report close. Monthly filers must submit tion. Nevertheless, the name of the this report in lieu of the Decem- SSF may be changed and abbrevi- 12 Index ber monthly report.1 ated to EmblemHealth PAC, and • Authorized committees of federal EmblemHealth LLC and its owner candidates running in the general corporations may solicit contribu- election, including committees of tions to the SSF from the restricted unopposed candidates. Note that class of EmblemHealth LLC and its because the reporting period for corporate owners. the Post-General Election report spans two election cycles, can- Background didate committees must use the EmblemHealth LLC is a limited Post-Election Detailed Summary liability company, treated as a part- Page (FEC Form 3, Pages 5-8 or nership under the Internal Revenue FEC Form 3P, Page 3) instead of Code,1 that is wholly owned by two the normal Detailed Summary not-for-profit health services cor- Page. porations: Health Insurance Plan of (continued on page 3) (continued on page 2) 1An LLC that elects to be treated as a partnership by the Internal Revenue Ser- 1 Monthly filers are not required to file vice under 26 CFR 301.7701-3 is treated a December 20 monthly report in addi- as a partnership under Commission tion to the Post-General report. regulations. 11 CFR 110.1(g)(2). Federal Election Commission RECORD November 2010 Reports address, FEC identification number to the mandatory electronic filing (continued from page 1) and the updated or changed portions rules, but may file an unofficial copy of the form. of their reports with the Commis- Notification of Filing Deadlines sion in order to speed disclosure. In addition to publishing this Treasurer’s Responsibilities The Commission’s electronic filing article, the Commission notifies The Commission provides software, FECFile, is free and can be committees of filing deadlines on its reminders of upcoming filing dates downloaded from the FEC’s web- website, via its automated Faxline as a courtesy to help committees site. New FECFile Version 6.4.2.0 and through reporting reminders comply with the filing deadlines set is available for download from the called prior notices. Prior notices are forth in the Federal Election Cam- FEC website at http://www.fec.gov/ distributed exclusively by electronic paign Act (the Act) and Commission elecfil/updatelist.html. All reports mail. For that reason, it is impor- regulations. Committee treasurers filed after June 1, 2010, must be tant that every committee update must comply with all applicable filed in Format Version 6.4.2.0 (the its Statement of Organization (FEC filing deadlines established by law, new version). Reports filed in previ- Form 1) to disclose a current e-mail and the lack of prior notice does not ous formats will not be accepted. address. To amend Form 1, electron- constitute an excuse for failing to Filers may also use commercial or ic filers must submit Form 1 filled comply with any filing deadline. privately developed software as long out in its entirety. Paper filers should as the software meets the Commis- include only the committee’s name, Filing Electronically sion’s format specifications, which Under the Commission’s manda- are available on the Commission’s tory electronic filing regulations, website. Committees using com- Federal Election Commission individuals and organizations that mercial software should contact their 999 E Street, NW receive contributions or make ex- vendors for more information about Washington, DC 20463 penditures, including independent the Commission’s latest software expenditures, in excess of $50,000 in 800/424-9530 (Toll-Free) release. 202/694-1100 (Information Div.) a calendar year—or have reason to 202/501-3413 (FEC Faxline) expect to do so—must file all reports Timely Filing for Paper Filers 202/219-3336 (TDD for the and statements with the FEC elec- Registered and Certified Mail. hearing impaired) tronically.2 Reports filed electroni- Reports sent by registered or certi- cally must be received and validated Matthew S. Petersen, fied mail must be postmarked on or by the Commission by 11:59 p.m. before the mailing deadline to be Chairman Eastern Standard/Daylight Time Cynthia L. Bauerly, considered timely filed. A commit- Vice Chair on the applicable filing deadline. tee sending its reports by certified Caroline C. Hunter, Electronic filers who instead file on or registered mail should keep its Commissioner paper or submit an electronic report mailing receipt with the U.S. Postal Donald F. McGahn II, that does not pass the Commission’s Service (USPS) postmark as proof Commissioner validation program by the filing of filing because the USPS does Steven T. Walther, deadline will be considered nonfilers not keep complete records of items Commissioner and may be subject to enforcement sent by certified mail. See 2 U.S.C. Ellen L. Weintraub, actions, including administrative §434(a)(5) and 11 CFR 104.5(e). Commissioner fines. 11 CFR 104.18(e). Overnight Mail. Reports filed via Alec Palmer, Senate committees and other overnight mail3 will be considered Acting Staff Director committees that file with the Sec- timely filed if the report is received Christopher Hughey, retary of the Senate are not subject by the delivery service on or before Acting General Counsel the mailing deadline. A committee Published by the Information sending its reports by Express or Division of the Office of Priority Mail, or by an overnight de- Communications 2 The regulation covers individuals and Greg J. Scott, (continued on page 3) Assistant Staff Director organizations required to file reports of Amy L. Kort, contributions and/or expenditures with Deputy Assistant Staff Director the Commission, including any person 3 “Overnight mail” includes Priority or Myles G. Martin, making an independent expenditure. Express Mail having a delivery confir- Editor Disbursements for “electioneering mation, or an overnight service with communications” do not count toward which the report is scheduled for next http://www.fec.gov the $50,000 threshold for mandatory business day delivery and is recorded in electronic filing. 11 CFR 104.18(a). the service’s on-line tracking system. 2 November 2010 Federal Election Commission RECORD Reports Advisory Opinions owned by corporations and is affili- (continued from page 2) (continued from page 1) ated with at least one of the corpora- tions. AOs 2009-14 and 1992-17. livery service, should keep its proof Greater New York (HIP) and Group Health Incorporated (GHI). An- EmblemHealth LLC is wholly of mailing or other means of trans- owned by GHI and HIP, both of mittal of its reports. See 2 U.S.C. other corporation, EmblemHealth Inc., is the sole owner of both HIP which are corporations wholly §434(a)(5) and 11 CFR 104.5(e). owned by EmblemHealth, Inc. GHI Other Means of Filing. Reports and GHI. HIP and GHI established EmblemHealth LLC to integrate and HIP are therefore subsidiaries of sent by other means—including first EmblemHealth Inc., and are thus af- class mail and courier—must be re- management and administration, and to set direction for the joint opera- filiated. EmblemHealth LLC and its ceived by the FEC (or the Secretary corporate owners may all act as the of the Senate Public Records Office) tions of GHI and HIP. EmblemHealth LLC asks if an connected organization for the SSF, before close of business on the filing paying for its administrative expens- deadline. See 11 CFR 100.19 and SSF currently operated by HIP may be renamed “EmblemHealth Servic- es and solicitation costs. However, 104.5(e). because EmblemHealth LLC itself Paper forms are available for es Company LLC Federal Political Action Committee,” abbreviated as does not satisfy the definition of downloading at the FEC’s website “connected organization” as dis- (http://www.fec.gov/info/forms. “EmblemHealth PAC,” and further asks if it may act as the connected cussed above, it may not be listed as shtml) and from FEC Faxline, the the SSF’s connected organization on agency’s automated fax system organization for the SSF. Further- more, EmblemHealth LLC asks if it, FEC Form 1. Instead, the SSF must (202/501-3413). The 2010 Report- list one of EmblemHealth LLC’s ing Schedule is also available on the GHI and HIP may each use person- nel and resources to pay the admin- corporate affiliates as the connected FEC’s website (http://www.fec.gov/ organization. AOs 2009-14, 2004-42 info/report_dates_2010.shtml), and istrative and solicitation expenses for the SSF, and solicit the restricted and 2003-28. from Faxline. For more informa- The SSF may be renamed “Em- tion on reporting, call the FEC at classes of EmblemHealth LLC, GHI and HIP for contributions to the SSF.