Thursday, August 21, 2008

Who Enforces Federal Campaign Laws

From the FEC (Federal Election Commision).

There are 3 primary enforcement mechanisms. Administrative fines, Alternate Dispute Resolution and for the most serious offenses:

437g ENFORCEMENT MATTERS
As required by 2 U.S.C. § 437g, the FEC’s Office of General Counsel (OGC) reviews and investigates enforcement matters,makes recommendations to the Commission regarding the disposition of matters, and negotiates conciliationagreements requiring the payment of civil penalties.

In FY 2005, OGC negotiated $1,428,300 in civil penalties in matters resolved through the standard enforcement process.

From FY2001 to date OGC has imposed a total of $8,448,688 in civil penalties.
In FY 2005 OGC resolved 87% of standard enforcement matters with substantive action, compared to 46% between FY 1995 and 2000.
OGC continues to focus its enforcement resources on the most serious violations of the Federal Election Campaign Act, including failure to register and report as a political committee, prohibited contributions and expenditures, corporate contributions, contributions in the name of another, and fraudulent misrepresentation of campaign authority.

§ 111.1 Scope (2 U.S.C. 437g).
These regulations provide procedures
for processing possible violations of the
Federal Election Campaign Act of 1971,
as amended (2 U.S.C. 431, et seq.) and
chapters 95 and 96 of the Internal Revenue
Code of 1954 (26 U.S.C. 9001, et seq.
and 9031 et seq.).
§ 111.2 Computation of time.
(a) General rule. In computing any period
of time prescribed or allowed by
this part, the day of the act, event, or
default from which the designated period
of time begins to run shall not be
included. The last day of the period so
computed shall be included, unless it is
a Saturday, a Sunday, or a legal holiday.
As used in this section, the term
legal holiday includes New Year’s Day,
President’s Day, Memorial Day, Independence
Day, Labor Day, Columbus
Day, Veterans Day, Thanksgiving Day,
Christmas Day, and any other day appointed
as a holiday for employees of
the United States by the President or
the Congress of the United States.
(b) Special rule for periods less than
seven days. When the period of time
prescribed or allowed is less than seven
(7) days, intermediate Saturdays, Sundays,
and legal holidays shall be excluded
in the computation.
(c) Special rule for service by mail.
Whenever the Commission or any person
has the right or is required to do
some act within a prescribed period
after the service of any paper by or
upon the Commission or such person
and the paper is served by or upon the
Commission or such person by mail,
three (3) days shall be added to the prescribed
period.
§ 111.3 Initiation of compliance matters
(2 U.S.C. 437g(a)(1), (2)).
(a) Compliance matters may be initiated
by a complaint or on the basis of
information ascertained by the Commission
in the normal course of carrying
out its supervisory responsibilities.
(b) Matters initiated by complaint
are subject to the provisions of 11 CFR
111.4 through 111.7. Matters initiated on
the basis of information ascertained by
the Commission in the normal course
of carrying out its supervisory responsibilities
are subject to the provisions
of 11 CFR 111.8. All compliance matters
are subject to the provisions of 11 CFR
111.2 and 111.9 through 111.23.
§ 111.4 Complaints (2 U.S.C.
437g(a)(1)).
(a) Any person who believes that a
violation of any statute or regulation
over which the Commission has jurisdiction
has occurred or is about to
occur may file a complaint in writing
to the General Counsel, Federal Election
Commission, 999 E Street, NW.,
Washington, DC 20463. If possible, three
(3) copies should be submitted.
(b) A complaint shall comply with
the following:
(1) It shall provide the full name and
address of the complainant; and
(2) The contents of the complaint
shall be sworn to and signed in the
presence of a notary public and shall be
notarized.
(c) All statements made in a complaint
are subject to the statutes governing
perjury and to 18 U.S.C. 1001.
The complaint should differentiate between
statements based upon personal
knowledge and statements based upon
information and belief.
(d) The complaint should conform to
the following provisions:
(1) It should clearly identify as a respondent
each person or entity who is
alleged to have committed a violation;
(2) Statements which are not based
upon personal knowledge should be accompanied
by an identification of the
source of information which gives rise
to the complainants belief in the truth
of such statements;

No comments: