FEDERAL ELECTION COMMISSION WASNPITO. OC AM
IIS ISTIE IMIu OF
DIE FILME Y-X-CMEav to. /2 mmm li d urW Nart Cdb Msesre Tucson, Arboom S571 May 31, 1996 Office Of The General Counsel Federal Elections Commlsulo 99 a Street, NW W %C 263 To The General Counsel, I spoke today with Federal Election Commission Information Specal Eria McMahon regarding the sworn complaint (concerning a then apparen of Arizona State Election Law) that I filed with the office of the Pima Coumty Attorney dated May 21, 1996 (attached).
Subsequently, I understand from the Election Director for that State of Arlnm that a "'gSeniie loophole in the law" exists under Arizona Law --= - defnition of "Cndidate": "'Candidate means an Individual who recedve r gstm consent for receipt of a contribution for his nomination for or election to my office In this state other than a federal offigm." Arizona state laws says: "A candidate's campaign committee shall nao Contribute or transfer monies to another candidate's campaign committee. This sublection and the contribution limitations of this section do not apply to a ranfer or contribution of monies made by a candidate's designated campaign committee to another campaign committee designated by that same candidate." As the Tucson Weekly correctly reported May 30, 1996: The cited trnsfer of funds from a local or state campaign "is legal. And we're sure MSie"n conributors will be happy to know he's happier giving away their meey thm ta own. In my opinion: 9 mIm e nder Asraa la&. bat it m m.A La Please assume this scenario: A contributor has already given the maximm contribution of S1,000 to a Congressona campaign. Is It not possible to exceed that $1,000 limitation by the contributor then glk funds to a local or state campaign for transfer to a Congressional campadg? As Ms. McMahon and I discUssed: In this case (Supervisor Boyd's traim r ofL funds to Congressman Kolbe), It "looks like contributions have been made In ia name of another which ispomibly a violation of Federal Law." I, as a past Republican District Chairman (Arizona L.D. 12) and prent Pt Committeeman In wbich both Congressman Jim Kolbe's and Supervisor Mbf Boyd's districts are located, would like a formal ruling from your ofc Thank you in advance to your immediate comideration of this matter. Sincerely yours,
"- T' OF cor ,Sine Winchester Morey, 01mm 7h.s -. ,5241O29745, tax 520-27
~ - - 68" North Calle Mecwe.- DIVISION ECTIONS Tucson, Arizoa 8 : l May 21, 1996 96 AY21 PH lo32 rChtver J Rads, Deputy County Attorney UCSUI, . 32 NaIlh Siam Avegm, #130 T8. A701 Dear Mr. oads
As a qulIed dector of Pima County, The State of Arizona, I hereby ie a sworm complaint with te office of the Pima County Attorney (as Is my right nuder A.LS. 1G-O L) to wit: a violation (s) of Arizona Revised Statues 16-9W (Coutrbulem Hiitadowms; civil penalty; definition) has apparenty o In that Supervisor Mike Boyd's campaign committee is apparently In vloltlm of A.LS. "6.S G. "A candidate's campaign committee siNpil not -,.ari4but. or transer males to another candidate's campaign committee."
Pleae reference:
Political Committee CAMPAIGN FINANCE REPORT (Pima County) for Mike Boyd Campdp Committee, 5441 N. Swan 4602, Tucson, AZ 85718 with phaf. number 2994689. 1ID# is 022-1994.
Page 2 lIsts: Comsittee Name: Mike Boyd Campaign and Report covering period: January 1, 1995 to December 31, 199S.
Specifically, Schedule D-6, page 1 of I titled TRANSFERS TO OTht POLITICAL COMMITFES lUsts:
NAM. Atrin Otv. Staft and ZIP Date of Tramferam=#nt Jim Kolbe, Cougssnm 6/1/9S $I##.". SKolbe 6 Tucson AZ
Jim Kolbe, Con gr an 9/11/95 $200.00 % tlbe 96 Tucson AZ
Thank you in advance for investigating this matter. WO CO AoMU( ) Sincerely,
Samuel Winchester Morey, CItizm LL~L 297-8858, fax-297-8881 -jbbt - dA1NOMAY PUSUC 1 if 4. 1/96 VAi m. am UsO Tucson AZ 65716
Mikem~ BD el ram M 2OdN k 3. W.I "4
4, lam~T,4- INGG -EP=i--l-O- R~O P13W
JANUARY 31 R f-rTwst N m 2LM. m 3 ...... m 2, 1 6 MU JamM 31. 1196 Si JJNE 30 ROR-,,,d St. M ...... Jium 1, IMS JIM 30. 11$6 l--PRE-PiMARY e. I ...... AE 22. 1NO6 lim. 3d. 19s
POSrP4lMAMY R r TI ION RT- I rk •Og ZL i ftiSOPOW n3L a ...... Cuwber I*.1U S bw 10. 1 sea 4&LIPRE-G2ERAL F. P8CTIONi. OR.. .. so 17, 00NOW~~~~~mwI ~ ~ .....~ 1. 0000000a 0...... ONW 17. Me oft =w 24. 1996
-, -o1POST-G24ERAL bw 17. Umii B. I.. IRT'- M MS am Osomaw L i ma - - .,_
MA C-,ow S - WT o O
-, s. Sw tn Pwm vimi
cash as NO a 98bu" of as 0ii0t Pwi
id T 11P01cmm m mi mm SS. v s~ - U-- Sma-'wr fame Lim a a~,tso.oo 299025.00
-" Si fa Cm N .,"35.13
6.TOM Iz rFom ------mOwti 8@7WI2 c-~Pa Lh leiU 3**".21 20960.21 _____II____IIII______IIi____1_1___II___II______l____II L.t4L Sa=I. Lomo" m fm Pa~sZ 3 99m.No
REC 11 COMMA C*Lt W0" " t 4 '24,625.00 m 04 %&Bo IM (o&MIS.0 129. 175.00
0425.00 7280.00 N low Aftm4in a" 4A, ,2.00 olrociPN ft SOWAft OSS. rn I.1 055.00 Co a am c 24,l50.00 29,02S.00 om tLam M mM ( M bwov Cm (4m " Tow Lam ONO- S&I 0 I
L , , 0 24,10.00 29,025.00 DES! RSEMEtSA%"
' mwn (Tm t 0 ) 0 0 11.Ag ( - - 00s 0. %Mff toaWm - - 0
MOjM OW ofsa S mo vm ow mout o msm IL T ftf o O@ - ,o -m$NOAR plll :4.~~~l ofoo 4 00 am11 3so00 it isr Tirsat Pfwms of 0
iiw;mmm..=P~ L m-M L../2 i lbIN4... am" mesa so" Rol
Jim folb, C=Czmai I America/IsraWI pdja Tucson AZ I
s. lrAL rety V SL. OM OF M......
4. at4
- -w 1m Salad Waodrw 60 NoedW !
DOW W~ sp
Thi is ft Ja 4, 19 ely..b A-"I A--- Alb
Fowed Yw maw
n I yaw bM at pgpm qwm~OVqiILy coae~~ ~oWsu yew )V *amsoft $oftwm~ugip~ as pt Ofdo "*fsmm mw gdmb is"SNb1i t o be t e a
MUhd.
cow"MbImmji cont dm~j day pmiod km~ ~ ~ -L A~~u~is. ifthe -0uupNJ lfheOu.W 0 O L*A9L
4~. ~' eli "Itug ..
Fedeiral Elections~io Attemon: Ms MmIm Callwa, Ant. to the Ant. Gour Co sed 9" E Street, NW WashIngt., DC 2043 Dear Ms. Caflaway, This Is to confirm our csmvrmtlon tody egrding dhoete I had umba tMy 31, 19% to The Feeral (ee- so-_- _de-db L huod an pag 3 withw my sworm .odtwth the Pums Con Asmaw doled May 21, 19% ftoud E1Wltd emvq 4). This is a re-submisim, af the sam leter (updated, 0x3J.ie IN the presence of a notary pulc, aued, nmd shown M 2phmm dt origlal did not meet the requirememts of the Federal Election Act at 191,9 amended ("the Act") sad Csmlsmion RuItlom- which redi tha the coesotm of a complaint meet certain spedifc requare-ent. I understand that o d wee Isithat cmlnt be I and signed In the peee of a nelary nid I underst dw the prrftned bom is "Sucribed nd sworn to bd m on this day of 19.s Please attach this to the ori subm om which sbows rmpt by Ow ou County Attormey. Slmrely yours,
520.2974S5, fax - 2974NI
Subscribed and sworn to beftre m on this H-day Of -01 IMPi 6560 North Cane Mero Tuemom Arizona 857 June 13, 1996 Office Of The General Counsel Federal Elections Commission 999 E Street, NW Wasio DC 20463 To The General Counsel, I spoke May 31, 1996 with Federal Election Commission Information Specialist Erica McMahon regarding the sworn complaint (concerning a then apparmt violation of Arizona State Election Law) that I filed with the office of the Pima County Attorney dated May 21, 1996 (attached). Subsequently, I understand from the Elections Director for that State of Arizona that a "genuine loophole in the law" exists under Arizona Law baaLnnoha definition of "Candidate": "Candidate means an individual who receives or gives consent for receipt of a contribution for his nomination for or election to my office in this state other than a federal office." Arizona state laws says: 'A candidate's campaign committee shall not contribute or transfer monies to another candidate's campaign committee. This subsection and the contribution limitations of this section do not apply to a transfer or contribution of monies made by a candidate's designated campaign committee to another campaign committee designated by that same candidate." As the Tuson Weejl correctly reported May 30, 19%: The cited transfer of runds from a local or state campaign "is legal. And we're sure Mikey"s contributors will be happy to know he's happier giving away their money than kit own. " In my opinion: It MW be eg unde Aizogg law. bug it certainlI is not da! Please assume this scenario: A contributor has already given the maximum contribution of $1,000 to a Congressional campaign. Is It not possible to exceed that $1,000 limitation by the contributor then giving funds to a local or state campaign for transfer to a Congressional campaign? As Ms. McMahon and 1 discussed: In this case (Supervisor Boyd's transfer of funds to Congresman Kolbe), It "looks like contributions have been made in the name of another which is possibly a violation of Federal Law." 1, as a past Repubican District Chairman (Arizona L.D. 12) and present Precinct Committeeman In which both Congressman Jim Kolbe's and Supervisor Mike Boyd's districts are located, would like a formal ruling from your office. Thank you In advance to your Immediate consideration of this matter. Sincrely yours,.
520-297-8858, fax - 520-297-881 Subscribed and day of'if~
wit Ld-' . EM~ 1. .. 6W Nor Cale MNu Tuc= Arnall 39718 May 31, 1996 Office Of The General ConMel Federal Eleckciou Co- am 99 1 Stree NW Wash vton,DC 246 To The General Counsel, I spoke today with Federal Election Commission Information Specialist Erica McMahon regarding the sworn complaint (concerning a then apparent violation of Arizona State Election Law) that I filed with the office of the Pima County Attorney dated May 21, 1996 (attached). Subsequently, I understand from the Elections Director for that State of Arizona that a "teaalne eioephe t law" exists under Arizona Law ks ammti definition_ of "Cadiat": "Candidate means an Individual who receives or giva consent for receipt of a contribution for his nomination for or election to my office In this state h ha a federal office." Arizona state laws says: "A candidate's campaign committee shall not contribute or transfer monies to another candidate's campaign committee. This subsection and the contribution limitations of this section do not apply to a transfer or contribution of monies made by a candidate's designated campaign committee to another campaign committee designated by that s candidate.o As the Tuson Weekil correctly reported May 30, 1996: The cited transfer of funds from a local or state camaign "Is iqal. Aud were tare Mikey"a coti btorn wit be happy to k'ow s ppier giving away their awneey hi s OWX.to
In my opinion: ft AM u E A&i.. L bag i ain4 & not rht Please assume this scenario: A contributor has already given the maximum contribution of $1,039 to a Congressional campaign. is it not possible to excee that $1,900 limitation by the contributor then giving funds to a local or stat capaign for transfer to a Congremdonal campaip? As Ms. McMahon and I discussed: In this ce (Supervisor Boyd's traer of funds to Congressman Kolbe), it "looks like contributions have been made In the name of another wbcb is posibly a violation of Federal Law." i, as a past Republican District Chairman (Arizona L.D. 12) and present Precinct Committeeman in which both Congressman Jim Kolbe's and Supervisor Mike Boyd's districts are located, would like a formal ruling from your office. Thank you In advance to your immediate coN1ideratioa of this matter. Sincerely yours, Samuel Winchester Morey, Citizm 28-297-488, fx - 528-297431 3. of 4. Exhibit 2. 6860 North Cal Mechero Tucson, Arizona 85718 May 21, 1996
Christopher J. Roads, Deputy County Attorney Civil Division 32 North Stone Avenue, #1500 Tucson, Arizona 55701 Dear Mr. Roads, As a qualified elector of Pima County, The State of Arizona, I hereby file a sworn complaint with the office of the Pima County Attorney (as is my right under A.R.S. 16.905 L.) to wit: a violation (s) of Arizona Revised Statutes 16-905 (Contribution limitations; civil penalty; definition) - has apparently occurred, in that Supervisor Mike Boyd's campaign committee Is apparently In violation of A.R.S. 16905 G. "A candidate's campaign committee shall not contribute or transfer monies to another candidate's campaign committee."
Please reference: Political Committee CAMPAIGN FINANCE REPORT (Pima County) for Mike Boyd Campaign Committee, 5441 N. Swan #602, Tucson, AZ 85718 with phone number 299-7689. ID# is 022.1994. Page 2. lists: Committee Name: Mike Boyd Campaign and Report covering period: January 1, 1995 to December 31, 1995. Specifically, Schedule D.6, page 1 of I titled TRANSFERS TO OTHER POLITICAL COMMUtEES lists:
Name, Address, Cift. State. and ZIP Date of Transfer Amount of Tragsfe
Jim Kolbe, Congressman 6//95 $100.00 % Kolbe '96 Tucson AZ
Jim Kolbe, Congressman 9/1/95 $200.00 % Kolbe '96 Tucson AZ
Thank you in advance for investigating this matter. Sincerely,
Samuel Winchester Morey, Citizen 297-8858, fax.297.8881 4. of 4. &13096 aI June no, IM 6860 Nodh Cdb WhdM Tucuom, AZ OMa RL MUR 439
Dear Mr. Morr
Thi leuw ad= its Un* an 3mO IlL 19K6 i(YOW coqil alei ole violationsof UrnFeiinIws -us-p"pAc of197l1,u ii C(4erAct" Tile - --u-0os) wE bit gbift Os l 10w81-1 w1dRYs. You willbe ods0uma Piul SWIEselasC fOMvtA ! acto, on Your Coupaim OAmuq.w'I~ s ~ ,p. wd to the Officedw-o aeCuuu.~besvwwt us in d wsemr numnber imdtryk ?U-SV h. umbseahl~uwb
Enloswe Piocedures 'Iex, i *60 -
Paula MaxvWL, T mm Mike Boyd Cumdi C 5441 N. Swim. # Tucsn, AZ 85718
RE: WM 439
Dew Ms. Maxvm&-
The Fedwal Coiis '1msii a-m 1hikdlen didt te ike Boyd Campaign Ca Il ( -m ) p wloinW m may how violaid te Federal Electios C -- "Auid 1971. .. id ('te A Aa~ o(dbscompiqt is enclosed. We mdnIObads main,,, A how comnNmnd be tn .W Aw h. or legal I 777, 14P ft WON Wbe -" - imm isfs hm*o
. .... "A A mid,, This nowa"uia'kmsthn % 2 U*AC. I 437saX4XB) on §437(aX2A) ft.~ua4SemIIn wft **ys %W&t mrw to be
made ubk. yon"Is" mpwN ohm adlime the of such couwu i md amod communi W " Aincot~AMv 5.Smith a (203)UHI4W m
it~ Enfomatpr 1~AAMo
2.hooomwo 3.DeuipiSMlo(CmeIW 8mWe I ~ne n,su
William 11. ~K Iy, TtInrw Kolbe '96 P.O. Box 31SU Tucson, AZ 05751 RE: MMR 4390
Dow Mr. Ku The Fedud Ebh Caim msivid a c iMwbicbuScos du Kolbe '96 and you. as M e Mm, ew itS Fedami BI6decin Cinq~pl Act of 1971, m amended('s A4 ). A iM cl is wi d - We hamumbesd d er MUR 43"0. Phaam reb bied IIeno oponmdmee
Undr ft Ak IpqyWnI w*d w a witing dig so actim ibould
be tSi 7 wmom, WAabal
L~4wk15~ frcito be addresse aft AS. thislear. Vm IS dipake. Cmiim ~.6 0khrmo
II&e r m W 2 USC. 43704XB) aid § 4371(aXI2XA) lie wift to You wah do mw o be made p tabIfyMf A mmdco)oi inB " mw pim Sivi te Cominiib WSW" 1 softih ft ofun% d suabnemkvr of succ emi.d mlo to vovuIW wv wiod oft
Th.A~ tykw~~Iin.p~Om coom Ahs 3. SmA th (202) 219-3400. Fa yew
Cuo~sT. Seslmide, M~m"
3.~CA Do"SCin
cc: TlHau I Jmms111msKolbe r , * . , , v , , s ,
r JOHN V. Mu"Geeg NATIONAL 8AN14 PLAZA O COLUJPSI[ LAWRENCC V ROBERTSON. -J CLARK W. MU6N@ERM 333 NdORTN WII.MOT. SUITIC SOO AO.COLORACO MONT&NA. KAMN 6. "16IL^ vucio. AW4WA ISM *eUi~OA,. TEXAS. WV'OM*NO. SUSAN SAY LOWILLIS (tO) Vat-MOO VO.1?,CY OPWCOLUMOMA 10ANK a. CeSA@tWleft PAx IM201 741-1OSO JOY AYWoMA OF C0VSCL KAYWKlEW w. " 1RO@TV O11S BATES "06CW, St. Law#* CRAIG pd. WOOiWOM OPf COUNSEL. Ti-tOhMAS A. O9NKR OOARIRO Y OIAZ AMMOGADOS AV CONSTI'lUCNTrXS 34s IlISO 41630 MEXICO. 0 r P0 4O 871-3822 PAX Z71-36e%% July 9, 1996 .LICENSED SOLELY IN MEXICOI )r
.o Colleen T. Sealander, Attorney Central Enforcement Docket Mat Federal Election Commission d -- .,f 999 E Street, NW Washington, D.C. 20463 Re: UM 4390 Dear Ms. Sealander: This firm represents Representative James T. Kolbe and Kolbe '96 in the matters addressed in your letter of June 25, 1996. Pursuant to your invitation, this letter is to inform you of the position of Representative Kolbe and Kolbe '96 with respect to those matters. The only provision of the Federal Election Campaign Act that even arguably might have been violated by the contributions in question is 2 U.S.C. S 441f, "Contributions in name of another prohibited." However, Kolbe '96 would be in violation of that section only if it "knowingly [accepted] a contribution made by one person in the name of another person." As the facts of this matter clearly show, no such contribution was made, and Kolbe '96 certainly did not knowingly accept such a contribution.
The contributions in question came about through two transfers of funds to Kolbe '96 from Pima County, Arizona, Supervisor Mike Boyd's Mike Boyd Campaign Committee in the Summer and Fall of 1995. The total amount of these two contributions was three hundred dollars ($300.00). As the enclosed affidavit of Supervisor Boyd shows, neither the intent not the effect of those transfers was to make a contribution to Kolbe '96 in the name of any person or entity other than the Mike Boyd Campaign Committee. "The purposes of the (Federal Election Campaign] Act are to limit spending in federal election campaigns and to eliminate the Page 2 July 9, 1996 actual or perceived pernicious influence over candidates for elective office that wealthy individuals or corporations could achieve by financing the 'political war-chests' of those candidates.' Orloski v. Federal Election Commission, 795 F.2d 156, 163 (D.C. Cir. 1986) (citation omitted). As shown by Supervisor Boyd's affidavit, there has been absolutely no attempt by any person or entity -- wealthy or otherwise -- to make unlimited campaign contributions to Kolbe '96 through the conduit of the Mike Boyd Campaign Committee. This conclusion that no violation of campaign-contribution limits was intended or effected by the contributions in question is further buttressed by the fact that a very small amount of money is involved. Finally, and irrespective of the intent of the Mike Boyd Campaign Committee in making the questioned contributions, it cannot possibly be said that Kolbe '96 "knowingly [accepted] a contribution made by one person in the name of another person." (Emphasis added.) To this day, Kolbe '96 has no reason to believe that the contributions were made by one person in the name of another within the meaning of 2 U.S.C. § 441f (or that those contributions violated any other state or federal law). At most, this matter involves a minor error in judgment by a valued supporter of Representative Kolbe. Therefore, we respectfully request your office consider the matter closed. If there is anything further we may do, please let us know. Very t yruYyours,
MUN MUNGER, P.L.C.
John unger JVM: mbd aiiclosure
D. \work\joam\2k*lbe&94.tr being duly sorn, upon his oath deposes and says as follows: 1. On or about June 1, 1995, the Mike Boyd Campaign Cowitteo made a transfer of one hundred dollars ($100.00) to Kolbe '96. 2. On or about September 1, 1995, the Mike Boyd Campaign Conittee mode a transfer of two hundred dollars ($200.00) to Kolbe "96. 3. The transfers of funds referred to in paragraphs (1) and (2) above were made at my direction. 4. No person or entity asked, suggested, proposed, re -nled, or in any way contributed to my decision that the Mike Boyd Ca,-ign Committee make the transfers of funds referred to "Ia. rIII 11-f (1) and (2) above. S. The sole purpose for the transfers of funds referred to in pxagmapbm (I) and (2) above was to make a contribution from the Nike Boyd Caign Comittee to Kolbe ' 96. 6. The Ikm Boyd Campaign Comiittee is the true contributor of the funds transferred to Kolbe '96 as referred to in pareepLhm (1) and (2) above. 7. The transfers of funds referred to in paragraphs (1) and (2) above were not, nor wre they intended to be, contributions, s by one W rsoa in the name of another.
1 and (2) above had neither the purpose nor the effect of aiding my person or entity in am edng any legal limitation on the iuts that may be contributed to a federal election campaign. 9. The transfers of funds referred to in paragraphs (1) and (2) above had neither the purpose nor the effect of facilitating a contribution by any person or entity that is not entitled to make a contribution to a federal election campaign. 10. There is no person or entity other than the Mike Boyd Campaign Comnittee that can be said to have made a contribution to Kolbe '96 by or through the transfers of funds referred to in paragraphs (1) and (2) above.
FURTHER YOUR AFFIANr SAYETH UGCr
Mike Boyd"
Q7P~SUBSCRIBED, SWORN TO AND A day of July, 1996, by Mike Boyd.
Dz~w~k\~ca~boy. _f ownui 4o Expires: ~-4-3 John F. Munaer. -cn
pllm, Iunaer and Nunoer. P.LA I g VW %
ADDRESS: 333 North Wilmot,* Suite 300 V
Tucson, Arizona 85711
TELEPHONE:( 520)721.1900
FAX:(520 J-747- isn
The above-named individual is hereby designated as my oounse md is authorized to receive any notifications and other communicatios from the Commission and to act on my bef Commissio. IV Ag!
RESPONDENT'S NAME: -Kolbe '96
ADDRES ft.- P.O. Box 31568
Tucson. Ari7nna R57 t
TELEPHONE: O LJ______
BUSESS( 620 mq 325- 1996 Vt! 5R 1)
L~" GENERAL COUNSEL'S REPORT I IN"ODUSWONP
The cases listed below have been identified as either stale or of low
priority based upon evaluation under the Enforcement Priority System
(EPS). This is report is submitted to recommend that the Commission no
longer pursue these cases.
U. CASES RECOMMENDED FOR CLOSURE.
A. Cases Not Warranting Further Action Relative to Other Cases Pending Before the Commission
EPS was created to identify pending cases which, due to the length of their pendnc in inactive status or the lower priority of the issues raised in the matters relative to others presently pending before the Commission, do not warrat fumhw expenditure of resources. Central Enforcement Docket (CED) evaluates ch incoming matter using Commission-approved criteria which results in a numercal rating of each case.
Closing such cases permits the
Comm-k to focusW limited resources on more im t cases .... pending beor e i& Based upon this review, we have identified 25 cases which do
2 - *. this report contain smmauries of each cae, the BPS rating and the factors leadis to ssinmMt of a low pioty and recommnation oot to furdI purwe the matter. B. Stale Cases
Effective enforcement relies upon the timely pursuit of complaints and
referrals to ensure compliance with the law. Investigations concerning activity more remote in time usually require a greater commitment of resources,
primarily due to the fact that the evidence of such activity becomes more remote
and consequently more difficult to develop. Focusing investigative efforts on
more recent and more significant activity also has a more positive effect on the
electoral process and the regulated community.
/
Ths cae xem MM 4M3 (WiL Thwms Ca in Committ; MMR 4347 a o.4 Resaudt);MM 4354 (Brim Ske for Coqim); MUR 4367 (Philipstown Repuabiaws) MMR 431 (EmbpientGrop) MMR 4373 (Cain. Ar Cmuerws) MUR 4374 (Mlw* StO*" fi Cwrga Prim oina~U MUR 437 (Ikstfs, Candy Camwti Pwart) MUR 4377 (firtu fir CbmVu) MUM 4379 (Tumr Load Lbuim Ma 135) MUR 4383 (Paubhnfir Congeu); MUR 4U4 ..i Ca for ULS. Cmsc) MMR 43 (B.1 1Wtfor Sewkt and Comrm) MUR 4M M& ft MUR 439 (Pat AWWepr Camge CM~ SUR 439 (Ceei I. Bsu); MUR 43W (AFL.G MUR 446S (kzf fir Caig muNe) MMU 4411 (Rest EtwP dh eft*bm 4414 (1wifte-Xn Pr C CommA MV 46(Bt A.&)" -tUR 40L Map*r) MUR 4446 (Fr"furPm Rxyp) Ne-MU 33M (Xinwmur Conga.) amid Pi-PtU (0m96efir Cwsres.) We ~atd c dwch have sem, ed o the
Enforcement~~Doktfrasfi n eiod of time to rene them sale
12 are not worthy of further action, and merit closure.4
We recommnd that the Commission exercise its prosecutorial discretion and direct closure of the cases listed below, effective April 1,1997. Closing these cases as of this date will permit CED and the Legal Review Team the necessary
time to prepare closing letters and case files for the public record.
4Thma"Smu W (Eu~ 94 MUR4150( I*d) blR4257(DSCC)WMR 425 (NRSC~ ~ ~ ~ QSC SmS~~A~blURMiu) UMfIue.k 4NR2 bqj br 4m2 I . :,i' ,I , i~: ,e
A. Decline to open a MUR, clme the file effective April 1, 1997, and approVe de a r ae tter inthe Wli% matt
1. Pre-MUR 322
2. Pre-MUR 334
3. Pre-MUR 335.
B. Take no action, close the file effective April 1, 1997, and approve the appropriate letters in the following matters:
1. MUR 4139 13. MUR 4347 25. MUR 4390 26. MUR 4391 2 MUR 4150 14. MUR 4354 27. MUR 4393 3. MUR 4257 15. MUR 4367 28. MUR 4397 4. MUR 4258 16. MUR 4371 29. MUR 4405 5. MUR 4260 17. MUR 4373 30. MUR 4411 6. MUR 4261 18. MUR 4374 31. MUR 4414 7. MUR 4262 19. MUR 4375 32 MUR 4418 & MUR 4265 20. MUR 4377 33. MUR 4421 9. MUR 4272 21. MUR 4379 34. MUR 4448 10. MUR 4279 22. MUR 4383 11. MUR 4284 23. MUR 4384 12. MUR 4332 24. MUR 4388
~-.uI~ ~-
General Counsel =111P T=E IDUA IMCTIMO CONK!88=O
Is the Mater of Sgenda DoWcet #Z97 -1 Bnor~e~met Priority
X, Marjorie W. Rmons, recording secretary for the Federal ielction Commission executive session on March 11, 1997, do hereby certify that the Commission decided by a vote of 5-0 to take the following actions with respect to the above-captioned matter:
A. Decline to open a NUR, close the file effective April 1, 1997, and approve the appropriate letters in the following matters: Pre-NUR 322; Pro-Mur 334; Pre-MUR 335.
B. Take no action, close the file effective April 1, 1997, and approve the appropriate letters in the following matterst
UR 4139; 10. UM 4279; UMa 41S0; 11. NOR 4284; MU! 4257; 12. MO 4332; KUR 42S1; 13. MUR 4347; MM 4260; 14. MUR 4354; MM! 4261; 15. MUR 4367; MU 4262; 16. KUM 43711 MU 4265; 17. MUR 4373; MU 4272; 13. NUR 4374;
(continued) Pae Eftoremet Priority U.tMesbatl.eO;k 1*19 97J
19 . m 4375s 27. MM 4393, 20. OM 4377, 28. WMa 4397, 21. - 4379, 29. Ma 4405; 22. ama 4383s 30. UM 4411; 23. Hm 4384, 31. MR 4414; 24. Mug 43891 32. Ma 4418t 25. IMD 4390; 33. MR 4421; 26. MM, 43911 34. MMI 4448.
commissioers Aikens, lliott, McDonald, MGarry, and Thomas voted affirmatively for the decision.
Attest:
Date Secretary of the CoamiLsion PR A ELECTION COMMISSION
April 1,199?
Samuel W w -ceoo 6360 North Calk Mecherm Tucson AZ 85718
RE: MUR 4390 Dear Mr. Mom-:
On June 18, 1996, the Federal Election Commission receved your co Malleging certain vkition of the Federal Election Campaign Act of 1971, as amended ("the Act"). After considering the circumstances of this matter, the Commission has de1mined to exercise its discretion and to take no action against the &pondens.ataddf narrative. Accordinly, the Commission closed its file in this matte on April 1, 1997,1997. This matter will become Pn of the public record within 30 days.
Th Act 8llo a Complainant to seek judicial review of the Commissi's dismissal of this action. 2 U.SC. 4370a x8).
:O Sncerely.
F Andrew Tuoe%, Supeyvisry Attorney Central Enforcement Docket
Anachment Narrative
(4wam O.Il.(w- # Wflflt#%.JVM %-14 Anamnesani SmaW Mouwy dk9WAWImI "m w~mve die W* a Cs um K46619%6 mi -lo c om i oql ord a Pmniae-uma, a which "uhuqlarlyolm*.d f cei un a mir Kootss . -Am. Mr. fuw alesm it dnii tub rlooks lie b bende in te - of aioter." Boyd' comd repo ove 111/95-1231/9, whub was atahd to *e complan shows nfn waln S400 from B s committee to Kolbes commitee. Mr. Mor also cmplained o dhe St of Arizon because Mr. Boyd's trnfers may be ontary to state law, citing A.R.S. 16-905 G, which Mr. Morey sumrizes as prohting af be en canddate campaign cowmitees.
Counsel for respondent Kolbe "96states that the commitee received only two trauilers of funds totaling S300 from S pervisor Mike Boyd's commcitte. Remndent further ho Kolbe *96did not k'wil accet a contibution in the none of moathe when it acceped te funds, and that it has no neson to beleve such was the case. Respondent concludes da this situation appeared, at most, to reflect a minor enor in judgent by a valued suporter of Representative Kolbe.
Respondent Mike Boyd states that the transfers were made at his direction as a contbution to Kolbe "96. These transfers were not, nor intended to'be, mude by one pmson in the name of another. Likewise. Boyd denies that these paymenis we intended to aid anyone in exceeding campaign conribution limits or facilite a cotibution to be nd by anyone so entitled to make a contibution to a federal campagn.
This matter is less sagmticant relative to others pending before the Commission. tDRLELECTION COMMISSION
April 1, 1997
EBwydn~ C Ailpe 5441 N. Swim, #602 Tucson, AZ 85713
RE: MUR 4390
Der Ms. Maxwell:
On June 25, 1996, the Federal Election Commission noifie you of cmain alleging certain v ioletion of he Federa Election Campign Act of 1971, as mnded A copy - of the coimpiint m aulosd with that notification. cO After considering the circumstances of this matter, the Commission has determined to re. exrcise its proseculotais adscMion and to take no action against the Mike Boyd Cunpai Committee an you, as treasurer M attached narrative. Accordingly, the Commission closed its file In this on April 1, 1997.
,,.The f iy -W isi of 2 U.S.C. § 437(0X 12) no kle apply and tis maer is now public, ini althcoh-4diu- the complete file musit be placed on the public reco within 30 lays, thwoddi ~ w ueflown etfct of tCm iumsv If ou wish to asgi l ,e e materials to appwon the piMic rocl,plese do so assoon as poib"* *.Oefi m bephcd onft e pMic mod pri to ece ofym additional material my pm b submissions will be aided to the public re d when rmeived
If you have ny e ples contact Alva E. Smith at (202) 219-3400.
Sincerely
F. Andrew TurIpy Supervisory Attorney Central Enforceim Docket Attachment Namtive n47r'. LI
Sam Morey m ps i nmua vApls w k Ih * ComWmaInm nKolbA cumpinlp lae casmrlbmd to Squlmorbm Mkike I.aumo s a local'__ couus a MAim whicb amequestly-nMr. nmmd , mosived i tnu r s Kbe e. mosy ther allees that tis trumnu "Wlo lkei - Aontliou he been adein he of another." Boyds ommttee report covrtan 111/95-1213195, which wa attached to the complanm, shows tnfe utali $400 frm Bod's commitee Io Kolbe's commie. Mr. Morey also complained to the Stae of Anza because Mr. Boyd's ut rs may be contrary to state law, citng A.R.S. 16-905 G, which Mr. Morey suuizs as prohibiting transfers b candidate campign committees.
Counsel for resomnde-t Kolbe "96 sttes that the committee received only two tsfers of funds totaling S300 from Supervisor Mike Boyd's cmmittee. Respondent frther states that Kolbe '96 did not knowinly accep a contribution m the -ine of alwer when it accpfsd the funds, and that it has no reason to believe such was the case. Respondent conchdes that this situation appeared. at most, to reflect a minor error in judgment by a valued supporter of Representative Kolbe.
Respondent Mike Boyd states that the transfers were made at his direction as a conibution to Kolbe '96 These trmsfers were not, nor intended to be, made by one perso i the name of another. Likewise, Boyd denies that these paymets were intended to aid anyone in exceeding campaign contribution limts or facilitate a contibu*ion to be made by anyone not entitled to make a contribution to a federal campaign.
This matter Is less significant relative to others pnding before the Commission. #V EA ELECTION COMMISSION
April 1,1997
-mm Bm P .LC. Natmwf &~ 333 Nout WiNN, sle 300 Tucson, AZ 85711 RE MUR 4390 Kolbe '96, William H. Kelley. Treasurer
Dear Mr. Kellev':
On Jui 25, 1996, the FdrW Election Commission notified your clients of a complaint co alleging cerain vionl ii of the Federal Election Campaign Act of 1971, as amended. A copy of the rompla was alclosd with that notification
After d oe --rcumstmces of this matter, the Commission has determined to exercise its pr -,tuidi ... and to take no action against your clients. S0 aneched narrative Acordig1yde C"ties closed its file in this matter on April 1,1997.
Thee a -16.a-ld::i, issm ol2 U.S.C § 437g(aXI2) no kerqaply anidi~s wer isncic, Im .- d mplete file must be placed on the pubdi within 3O y tine following certification ofthe o o vte. If you wis 0 1s1ii Isp n atenals to appear on the pIublic reo please do so D as soon as pusibk. W1Ie4 e tie my be placed on the public record prior to receipt of your additionl niwaij, y pjWbl adi issons will be added to the public rec when received.
If you hov my o pl contact Alva E Smith d (202) 219-3400.
Sincerei%
F Andrew Turley Supervisory Attorney Central Enforcement Docket Attachment Narrative
(~&Nwa~w fW~vpp.%M1 .!Ih Annswv'rirw Sid M ary gj~l ~us m pw ait toDeCop.ma KM 1W sine~.Ll1 coun.Ihuu.1n-gui G, . b sunwmU, ms lohaibitin m Atlumin
MomRfateoalensetha also complained thos w theVelXk Sot1.oa of "e iia ool tmail heMW. Boyd'sbmum mdunfrs o nay the-of be = a y to sU po ibting transe r be 11"ftm complinshowsOscotalaw, citingRPwnstvKolb A.RS. uaiub 16J0 wum G. which3400ft MrW MormDoy's committ. to pKolbe' co se ls r candidate campaign coau-n-irnees9.
Counnselfor m -d. .Kofle96 sas thote comittee reeived oly tm trnsfas of fxnds touaing S300 from Mie Boyd's ani it. Rs d s Stoh Kolbe 96f Idid no knowingly WFa a Icow i slon in tse of aothe wha it accepled the funds, andto it has no ninto blev such w the cue. Respondent rwa l hdat this situation appaed. at nomi tre a manor ror In judpnm by a valued supofn of Reprse aive Kolbe.
Respondent Mike Bodsume dt the tuasmfers war v at his diretion a contnbtaaon to Kolbe '96. These trmfe ire w ot nr intended to,be, made by owe penom in the name of another. Likewise. Boyd dcos that thesie pynmns were intended to aid aay in exceeding campaign coingiboeim hss er fclita a e*it iion Wobe aude by an nX entlitled to make a Icantrbmtii to a ena cmmia
This mate Is lea.. . . cWi to Odlen pondin before the Comimission. FEW EAL ELECTiON ISSIO WASHONTON D.C. W
THIs IS1 RE FIM R
WE! F I LD CmM ND* -L
* N