IN AND BEFORE THE P U: Ob FEDERAL ELECTION COMMISSION

In re: ) Santorum Victory Committee ) and Keith Davis in his official) g» capacity as treasurer of ) ^ Santorum Victory Committee;) ^S Santorum 2006 and ) MUR 5780 ^> Gregg Melinson, in his official) capacity as treasurer of ) "3 Santorum 2006; and ) •? Rick Santorum ) e ' RESPONSE AND OBJECTIONS TO COMPLAINT

Santorum 2006, the principal authorized campaign committee of Rick Santorum, Republican nominee for the United States Senate from Pennsylvania, Gregg Melinson in his official capacity as Treasurer of the Committee, Rick Santorum, Republican candidate for the United States Senate from Pennsylvania and Santorum Victory Committee, a joint tundraising committee representing participants Santorum 2006 and the Republican Federal Committee of Pennsylvania, Keith Davis in his official capacity as Treasurer of the Santorum Victory Committee, (collectively hereafter "Santorum Respondents"), hereby file this Response and Objcction(s) to the Complaint filed with the Federal Election Commission ("Commission") in the above-referenced Matter Under Review # 5780.

Santorum Respondents have committed no violation of the Federal Election Campaign Act of 1971, as amended ("the Act") and the Complaint, accordingly, should be dismissed.

The Complaint alleges the following violations, each of which is groundless, to-wit:

1. Allegation #1: Failure of Santorum 2006 to print a disclaimer on an invitation to an event in the proper typeface inside a text box.

FACTS: The disclaimer contained on the invitation clearly states on the front of the invitation that the event and the invitation were being paid for by Santorum 2006. The provisions of 11 C.F.R. § 110.1 l(b)(l) state that "the disclaimer must clearly state that the communication has been paid for by the authorized political committee." That requirement has been met by the statement on the invitation that Santorum 2006 paid for the communication. The absence of a text box and the 12-point type face does not negate the clear statement on the invitation as to the source of the payment for the event. No facts have been submitted to the

WASH 1692350.1 Commission that the complaining party, Mr. William R. Caroselli, had any difficulty discerning who had sent the invitation or who to complain to the Commission about regarding the source of the communication.

Further, the provisions of 1 1 C.F.R. §1 10.1 l(2)(i) list the types of printed material to which the "text box with 12 point type* apply, to-wit: ". . .when it is used for signs, posters, flyers, newspapers, magazines, or other printed material." The provisions of this section could have but do not include fundraising invitations when the clear beneficiary is a particular candidate and there can be no confusion as to who is sponsoring the event. There is no doubt in this instance that the Santorum committee issued the invitation and the proceeds were to benefit the Santorum committee.

Accordingly, Santorum Respondents contend that the disclaimer is in substantial compliance with the requirements of the Act and the complaint regarding this allegation should be dismissed.

2. Allegation #2: Including inside a text box on an invitation additional disclaimers) required by federal law, not required to be contained inside the text box and failure to include the allocation formula for distribution of joint fundraising proceeds.

FACTS; There is no prohibition in the Act or the Commission's regulations which precludes inclusion of other information inside the text box disclaimer required by 1 1 C.F.R. § 1 10. 1 1(2) such that the inclusion inside the text box of additional information and disclaimers required by other provisions of federal law is not prohibited.

Further, with respect to the allegation that the invitation contains no allocation formula for distribution of joint fundraising proceeds is patently false. The exhibits attached to the complaint and forwarded to Santorum Respondents by the Commission include the following document which was contained in the solicitation package sent to invitees and attached to the complaint:

Santorum Victory Committee Joint Fundraising Notice and Contribution Guidelines

A copy of that page from the Complaint is attached to this Response. The notice and guidelines set forth the allocation formula required by 1 1 C.F.R. § 102.1 7(2).

This allegation is false on its face as evidenced by the attachments to the Complaint. Accordingly, this allegation must be dismissed.

3. Allegation #3: Invitations to two events held at a similar location at similar times without establishing a joint fundraising committee.

FACTS: The events at issue were two wholly separate events, held on the same day within a time period immediately adjacent to each other. As evidenced by the attached affidavit

WASH 1692350.1 from Nadine Maenza, the individual responsible for the event which benefited Santorum 2006, she organized the Santorum 2006 event separately from the event which was organized to benefit the Republican Federal Committee of Pennsylvania. There was no joint fundraising at either event, all logistics, costs, solicitations, location(s), arrangements, parking, amounts, and other facets of the events were managed and conducted separately. No funds were commingled and all receipts and costs related to the two separate events were received, processed, recorded and processed separately by the beneficiaries of the two events as per the specific requirements for each.

Because no joint fundraising occurred before, during or after the two events held on the same day, no joint fundraising committee need have been formed for the respective events and ^ no violation(s) of the Act were committed by any of the Respondent(s).

O CONCLUSION & |T For the reasons stated above and because neither the facts nor the law support further -T proceedings with respect to the Complaint, and because Respondents have committed no O violation(s) of the Act, Santorum Respondents respectfully move the Commission to dismiss the '- MUR and for such other necessary relief as deemed appropriate by the Commission. f-L Respectfully Submitted,

Cleta Mitchell, Esq. Foley & Lardner LLP 3000 K Street, NW #500 Washington, DC 20007 (202)295-4081 (202) 672-5399 (facsimile)

Counsel for Respondents Santorum 2006, Gregg Melinson, in his official capacity as Treasurer of Santorum 2006; Rick Santorum and Santorum Victory Committee, Keith Davis, in his official capacity as Treasurer of Santorum Victory Committee

WASH 1692350.1 Submitted via hand delivery this 25th day of September, 2006

Office of General Counsel Federal Election Commission 999 E Street, NW Washington, D.C. 20463

Attention Jeff Jordan, Esq., Supervisory Attorney Complaints Examination and Legal Administration

C ^ CM o 0i ••—f T V! C

WASH 1692350.1 May.31- zuub I.-WH ^ NQ.M/U P. /

& Joii>t huidnuwng Notice end Contribution Guideline*

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-,-..- — - i.. -~ n :'•»••• -^ - t. • -j I Commonwealth of Pennsylvania ) County of Chester ) ss:

AFFIDAVIT OF NADINE MAENZA 1. Nadine Maenza, do hereby affirm and state as follows: 1 . I am an adult citizen of the Commonwealth of Pennsylvania and a resident of Chester County. 2. I have served as a professional fundraiser for various campaign committees for more than twenty (20) years, including raising funds for the late Senator John Heinz, Republican of Pennsylvania and his successor, Sen. Rick Santorum (R-PA). 3. I have organized hundreds of fundraiang events during my career, including the event on June 1 4, 2005 held in Bryn Mawr, PA, that benefited Santorum 2006 ("Santorum event"). 4. I worked on the logistics of the Santorum event and can state unequivocally mat the Santorum event was a self-contained, separate event from another event organized for the same date in a similar (but not identical) location to benefit the Republican Federal Committee of Pennsylvania ("PA GOP"). 5. The invitations for the Santorum event were printed and paid for separately by Santorum 2006, were sent to a list separate from whatever list was used by the PA OOP, the checks for the Santorum event were received and processed by the Santorum finance office and were not commingled with proceeds for any other entity including the PA GOP, the logistics and program for the events were separate, the costs were separately calculated and paid by each respective event beneficiary and there were no joint fundraising efforts involved in these two separate events. 6. These were two separate events, not joint fundraisiag events in any manner whatsoever. The guest for each of the events was President Bush but the events were managed and conducted separately from each other. Further Affiant Sayet h Not.

Nadine Maenza ( *- — Before me appeared mis 'g.^day of September, 2006, Nadine Maenza and swore under penalty of perjury that the above and foregoing statements are true and correct to the bcstof her knowledge and beliefl [} x "// SEAL My Commissiou Expires: ^ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JESSICA L KEUY. Notary Public Royarafexd Bgro.. Montgomery County VWSHJ6WJ54.1