[EL] contractors and super pacs

[David Keating]

I know of only one other case that addressed this issue, MUR 6403, where senate candidate Joe Miller filed a complaint against Alaskans Standing Together.

For some of the respondents, the FEC found they were government contractors but dismissed the complaint by exercising its prosecutorial discretion.  This is discussed starting on p. 17.  The respondents made claims the restriction didn't apply to super pac donations, but the FEC was silent on this argument.  So presumably the FEC believes the ban applies to super pacs.  There were no statement of reasons from any of the commissioners.

Factual and legal analyses for each respondent can be read here: 
http://eqs.fec.gov/eqsdocsMUR/11044304880.pdf

General counsel's report:
http://eqs.fec.gov/eqsdocsMUR/11044304851.pdf 

Summaries:

The Commission decided by a vote of 6-0 to take the following actions in MUR 6403:ia. Find no reason to believe that Aleut Corporation, Bering Straits Native Corporation, Bristol Bay Native Corporation, Calista Corporation, Chugach Alaska Corporation, Cook Inlet Region, Inc., Doyon, Limited, Koniag, Inc., and Sealaska Corporation violated 2 U.S.C. § 441c(a)(1).b. Find no reason to believe that Lisa Murkowski for U.S. Senate and Joseph M. Schierhorn, in his official capacity as treasurer; and Senator Lisa Murkowski, violated the Act.c. Find no reason to believe that Jason Moore violated 2 U.S.C. § 441c(a)(2).d. Dismiss the allegations that Alaskans Standing Together and Barbara Donatelli, in her official capacity as treasurer, violated 2 U.S.C. § 441c(a)(2) pursuant to Heckler v. Chaney, 470 U.S. 821 (1985).e. Approve the Factual and Legal Analyses as recommended in the First General Counsel's Report dated August 25, 2011 with amendments previously circulated and with further amendments pursuant to the meeting discussion.f. Approve the appropriate letters. g. Close the file as to all respondents.

The Commission decided by a vote of 5-1 to take the following action n MUR 6403:a. Dismiss the allegations that Arctic Slope Regional Corporation, Ahtna, Inc., and NANA Regional Corporation violated 2 U.S.C. § 441c(a)(1) pursuant to Heckler v. Chaney, 470 U.S. 821 (1985) and approve the Factual and Legal Analyses as recommended in the First General Counsel's Report dated August 25, 2011 with amendments previously circulated and with further amendments pursuant to the meeting discussion.

David
_________________________________________________
David Keating | President | Center for Competitive Politics
124 S. West Street, Suite 201 | Alexandria, VA 22314
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-----Original Message-----
From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Tuesday, July 07, 2015 12:53 PM
To: law-election at UCI.edu
Subject: [EL] contractors and super pacs

Can someone tell me the status of the issue at the FEC whether federal contractors may make contributions to Super PACs supporting federal candidates?  I recall some action about this, but do not remember where things stand.
Thanks.

--
Rick Hasen
Chancellor's Professor of Law and Political Science UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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