FREEDOM FROM RELIGION FOUNDATION RO. Box 750 • Madison Wi 53701 • (608) 256-8900 • www.ffrf.org

Comidaint MUR# Rvedom From Religion Foundation, Inc. (FFRF) brings this complaint befbre the Federal Election Commission (FEC) seeking an immediate investigation and enforcement action against Informed Catholic Citizens (ICC) for violations ofthe Federal Election Campaign Act (FECA).

Complainant/Respondent

^- (j"!^*^ complainant FFRF, is a nonprofit oiganization based in Madison, , ^ >,^£^c!!lplclrworks to protect the constitutional principle of separation of church and m b'<^S^^-cC^ represents nearly 13,000 members nationwide.

^ C::iiJou o ^ S ^e respondent ICC is a 501(c](4] oi^ganization based in Colorado. ICC is a P ^ ^latiSy new group headed by former U5. Representative Bob Beauprez. *^ Accoraing to the;Oiganization's website, found at http://informed catfiolics.oig, ^ ICCs purpose isTnot to make your voting decision, but to assist you in finding the truth about the candidates and information necessaiy to make an educated choice consistent with Catholic doctrine.*

It is our information and understanding that ICC made a series of recorded phone calls to citizens in Colorado in late October 2008. FFRF was informed on Wednesday, October 29,2008, by a concemed Colorado dtizen, who is not a member of or a contributor to ICC, that ICC made a recorded call to him, which exhorted him to vote forJoh n McCain for President The transcript of the call is as follows: This is Father Bill Carmody, pastor of Holy Family Parish in Colorado Springs. I'm calling on behalf of Informed Catholic Citizens, about the importance of your vote in the election. Regardless of the spinning that some politicians have done, the Catholic Church's opposition to the evil of abortion has always been the same and is ciystal dear. Why is it important in the election? John McCain has a record of supporting life. But in the world of Denver Archbishop Charles Chaput Barack Obama is the most committed abortion rights presidential candidate of either major party in thirty-five years. And the Democratic Party platform adopted in Denver is dearly anti- life. There are many important issues to consider. But as Ardibishop Chaput says, eveiy other human right depends on the right to life. Ifyou have not already voted, I pray you will search your consdence carefolly and consider all the information you deem important and then vote like life depended on it Because it does. This message is paid for by Informed Catholic Gtizens."

Dan 8arfcer, Cb-Pnesicfenc • . Cb-Pfesfdent • Anne Nicol Gaylor« P^ident Emerita FFRF encloses 4 CDs, whidi hidude an audio version ofthis recorded message for your review. Upon forther research, FFRF discovered tliat Informed Catholic Qtizens also made statewide, recorded calls concerning the Colorado Senate Race. These calls targeted Democratic Senate candidate Mark UdalL Please find endosed a copy of an article finom the Denver Post concerning these robo-calls. Aigument ffl FECA prohibits a corporation, including 501(c)(4} oiganizations, from making any <^ contribution or expenditure in connection with any federal election. See 2 U.S.C ^ §441(b](a]. This prohibition indudes independent expenditures. FECA defines an Q independent expenditure as an expenditure by a person or corporation that Kl "expressly advocates die election or defeat of a deariy identified candidate." 2 U.S.C ^ 431(7]. FEC regulations define express advocacy. 5ee 11 CF.R. §100.22. Express ^ advocacy can be a oommunicatkm tliat among other things, uses phrases like " Vote ^ Pro-Ufe' or Vote Pro-Choice' accompanied by a listing of dearly identified «H candidates described as Pro-Life or Pro-Choice." 11 CF.R. §100.22(a]; see also FEC v. Massachusetts Cftfzens/or Life, 479 U.S. 238,249 (1986). In some drcumstances, express advocacy also occurs when the communication, "taken as a whole and with limited reference to external events such as the proximity to the election, could only be inteipreted 1^ a reasonable person as containing advocacy of the election or defeat of one or more dearly identified candidate(s) because—(1) the electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning; and (2) Reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more deariy identified candidate(s] or encourages some other kind of action." 11 C.F.R. §100.22(b).

Public communications indude telephone banks to the general public See 11 CF.R. §100.26. Informed Catholic Citizens engaged hi express advocacy as defined in 11 CF.R. §100.22(a). Father Carmody, on behalf of Informed Catholic Citizens, clearly identifies the fiederal candidates and then delineates their positions on abortion. He tells the redpient "lohn McCain has a record of supporting life" while "Barack Obama is the most committed abortion rights presidential candidate of either ina)or party in thirty-five years." Hie call ends 1^ asking the redpient in effect to vote "Pro-Life." Father Carmody says "Ifyou have not already voted. I pray you will search your consdence carefolly and consider all information you deem important and then vote like lif^ depended on it Because it does." The message also constitutes express advocacy under 11 C.F.R. §100.22(b). The content of this message unambiguously urges the listener to vote "Pro-Life." Although the call does not spedfically say, "Vote for lohn McCain," it strongly suggests to vote against Barack Obama, who is identified by the caller as Pro-Choice. Furthermore, the call was made less than a week before the November 4*^ election. Given the context and content of the call, reasonable minds certainly could not differ as to the actions ICC was encouraging. Thus, the call was express advocacy. As for as FFRF is aware, ICC does not fell into the qualified nonprofit corporations (QNC) exception, which would allow them to engage in express advocacy. See Massachusetts Cittxens for life, 479 U.S. 238. This limited exception to the general ^ prohibition on coiporate expenditures indudes S01(c)(4)s that are not formed for ^ the express purpose of promoting political ideas, do not engage in business ^ activities, have no shareholders or person affiliated widi the oiganization so as to 0 have a daim to its assets or earnings and were not established by a business ^ corporation or labor union and does not accept contributions from such entities. ^ 5te 11 CF.R. §114.10. CP iH Given that ICC was established only recently, it is undear how the oiganization is HI structured and fonded. Therefore, it is unclear whether ICC would qualify as an exception. However, ICC's two major undertakings since establishment making robo-calls to Colorado dtizens concerning two federal races, suggest that the organization's primaiy purpose is to promote political ideas. Even if ICC were deemed a QNCi it still has an obligation to report any independent expenditures aggregating over $250. See 11 CF.R. §109.10(b). If ICC spent $1,000 or more on these calls, it was required to report the independent expenditure within twenty^four hours from the time the communication is publicly distributed. See 11 CF.R. 104. As of the date of this complamt ICC has neither registered with the FEC nor has it reported any independent expenditures made during the 2008 campaign. FFRF requests an immediate FEC investigation to determine the status of the respondent and to determine whether the respondent violated federal law. The FEC should take appropriate action to remedy any violations. Federal law also requires groups whose major purpose is to infiuence elections, and which spend $1,000 in expenditures to register as a federal political committee. Given that the ICC is a new oiganization and its two major activities thus fer have involved infiuendng the U.S. Senate race in Colorado, and the Presidential race, it appears the major purpose is to influence elections. Therefore, FFRF seeks an investigation to determine whether ICC is a federal political committee under the law. As of the date ofthis complaint ICC has not fXieA. a statement of oiganization, and it has not complied with reporting requirements. Accordingly, the FEC should also determine whether ICC has violated die registration and reporting laws.

Enclosures: 4 CD audios of robo-call; Denver Post ardde, Oct 23,2008 Freedom Vnm Religion Foundation, Inc, acting throu^ Rebecca S. Kratt hereby verifies that die statements made in this complaint based upon information and belief, are true.

ibeoca > Staff Attomey F^edom From Religion Foundation, Inc fSII PO Box 750 'ST Madison. Wisconshi 53701 o

Signed and swom before me this Y th day of November, 2008. Q denverpost.com

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