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BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of 1 ) MUR5568 Empower ; Empower Illinois ) Media Fund; Jeffrey D. Davis; Alan L. ) Keyes; Keyes 2004, Inc. and Eugene T. ) Carter, in his official capacity as ) Treasurer; Jack Roeser 1 CERTIFICATION

I, Darlene Harris, recording secretary for the Federal Election Commission executive session on November 17,2005, do hereby certify that the Commission decided by a vote of 5-0 to take the following actions in MUR 5568:

1. Find reason to believe that Empower Illinois and Empower Illinois Media Fund violated 2 U.S.C. $6 433,434, and 441a(f) by failing to register as a political committee with the Commission, by failing to report contributions and expenditures, and by knowingly accepting contributions in excess of $5,000. 2. Find no reason to believe that Empower Illinois, Empower Illinois Media Fund, and Jeffrey D. Davis violated 2 U.S.C. 6 441a by making excessive in-kind contributions in the form of coordinated expenditures to or Keyes 2004, Inc. 3. Find no reason to believe that Jack Roeser violated 2 U.S.C. 5 441a by making excessive in-kind contributions in the form of coordinated expenditures to Alan Keyes or Keyes 2004, Inc. 4. Find no reason to believe that Alan Keyes, Keyes 2004, Inc., and Eugene T. Carter, in his official capacity as Treasurer, violated 2 U.S.C. 0 441a by knowingly accepting excessive in-kind contributions in the form of coordinated expenditures. 5. Take no action at this time with respect to the allegation that Jack Roeser violated 2 U.S.C. 6 441a by making excessive contributions to Empower Illinois and Empower Illinois Media Fund. 6. Find no reason to believe that Alan Keyes violated 2 U.S.C. 5 44 1i(e) by directing or suggesting that Jack Roeser contribute to Empower Illinois. am Page 2 Ccrtiiicatioii 1i~MUR 5368 Noveildm 17.2005

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I 7 Approve the Fac.tual and Legal Analysis. as recoininended in the General Couiisel's Report dated November 1 2005 t \ \ 8 \ 9 Appiove the appropriate letters

Commissioners Mason, McDonald, Thomas, Toner, and Weintraub voted

affirmatively for the decision 0 m d PS Attest- VI q v

Deputy Secretary of the Commission

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