There was also a table for what seemed foreign contributions, ONCE AGAIN!!
http://docquery.fec.gov/pdf/994/201604060300040994/201604060300040994.pdf
RQ-2
FEDERAL ELECTION COMMISSION
WASHINGTON, D.C. 20463
April 6, 2016
SUSAN JACKSON, TREASURER
BERNIE 2016
PO BOX 905
BURLINGTON, VT 05402
IDENTIFICATION NUMBER: C00577130
REFERENCE: MARCH MONTHLY REPORT (02/01/2016 - 02/29/2016)
Dear Treasurer:
Response Due Date
05/11/2016
This letter is prompted by the Commission's preliminary review of the report referenced
above. This notice requests information essential to full public disclosure of your
federal election campaign finances. Failure to adequately respond by the response
date noted above could result in an audit or enforcement action. Additional
information is needed for the following 8 item(s):
1. The totals listed on Line(s) 21, 22, 23, 28(a), 28(d), and 30, Column B-P of
the Detailed Summary Page appear to be incorrect. Column B-P figures for the
Summary and Detailed Summary Pages should equal the sum of the Column
B-P figures on your previous report and the Column A-P figures on this report.
Please file an amendment to your report to correct the Column B-P
discrepancies for this report and all subsequent report(s) which may be affected
by this correction. Note that Column B-P should reflect only the election
cycle-to-date totals (11/7/12 through 11/8/16). (52 U.S.C. § 30104(b) (formerly
2 U.S.C. § 434(b)) and 11 CFR § 104.3)
2. Schedule A-P of your report discloses one or more contributions that appear
to exceed the limits set forth in the Act (see attached). The Commission notes
your additional explanation regarding the committee's corrective action taken
for some of these contributions.
An individual or a political committee other than an authorized committee or a
qualified multi-candidate committee may not make a contribution(s) to a
candidate for federal office in excess of $2,700 per election. An authorized
committee may not make a contribution(s) to a candidate for federal office in
excess of $2,000 per election. A qualified multi-candidate committee and all
affiliated committees may not make a contribution(s) to a candidate for federal
office in excess of $5,000 per election. The term "contribution" includes any
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gift, subscription, loan, advance, or deposit of money or anything of value
made by any person for the purpose of influencing any election for federal
office. (52 U.S.C. § 30116(a) and (f) (formerly 2 U.S.C. § 441a(a) and (f)); 11
CFR §§ 110.1(b), (e) and (k), and 102.13(c))
If any apparently excessive contribution in question was incompletely or
incorrectly disclosed, you must amend your original report with clarifying
information.
Please be reminded that all refunds, redesignations and reattributions must be
made within 60 days of receipt of the contribution. To date, one or more of the
apparent excessive contributions have not been refunded, redesignated, or
reattributed.
For reattributions, the funds can be retained if, within 60 days of receipt, the
excessive amount was properly reattributed to another person. An excessive
contribution is considered properly reattributed if (1) the contributors provide
the committee with written documentation, signed by each contributor,
authorizing a reattribution and indicating the amount of the contribution to be
attributed to each contributor; or (2) the committee reattributes by presumption
the excessive portion of the contribution if the contribution was made on a
written instrument from a joint account and was signed by only one of the
account holders. In this case, the treasurer must notify the contributors in
writing within 60 days of receiving the contribution that the committee intends
to reattribute the excessive portion and must give the contributor who signed
the check an opportunity to request a refund. (11 CFR § 110.1(k)(3)(ii)(B))
For redesignations, the funds can be retained if, within 60 days of receipt, the
excessive amount was properly designated for a different election. An
excessive contribution is considered properly redesignated if (1) the committee
obtains signed written documentation from the contributor(s) authorizing the
redesignation of the contribution for another election, provided that the new
designation does not exceed the limitations on contributions made with respect
to that election; or (2) the committee redesignates by presumption the excessive
portion of the contribution for another election, provided that the new
designation does not exceed the limitations on contributions made with respect
to that election. In this case, the treasurer must notify the contributor of the
redesignation in writing within 60 days of the treasurer's receipt of the
contribution. The notification must give the contributor an opportunity to
request a refund. (11 CFR § 110.1(b)(5)(ii)(B)) A contribution can only be
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redesignated to a previous election to the extent that the contribution does not
exceed the committee's net debts outstanding for that election. (11 CFR §
110.1(b)(3)(i))
If the foregoing conditions for reattributions or redesignations are not met
within 60 days of receipt, the excessive amount must be refunded. (11 CFR §
103.3(b)(1))
Please inform the Commission of your corrective action immediately in writing
and provide photocopies of any refund checks and/or letters reattributing or
redesignating the contributions in question. Refunds are reported on Line 28(a),
(b), or (c), as applicable, of the Detailed Summary Page and on a supporting
Schedule B-P of the report covering the period in which they are made.
Redesignations and reattributions are reported as memo entries on Schedule
A-P of the report covering the period in which the authorization for the
redesignation and/or reattribution is received. (11 CFR § 104.8(d)(2), (3) and
(4))
Although the Commission may take further legal action concerning the
acceptance of excessive contributions, your prompt action to refund or
redesignate and/or reattribute the excessive amount will be taken into
consideration.
3. Schedule A-P (see attached) discloses a contribution(s) from an individual(s)
who has a mailing address outside of the United States of America. Please be
advised that 52 U.S.C. § 30121(a) (formerly 2 U.S.C. § 441e(a)) and 11 CFR §
110.20 prohibit foreign nationals from making contributions in connection with
any election for political office or in connection with any primary election,
convention, or caucus held to select candidates for any political office.
If the apparently prohibited contribution(s) in question was incompletely or
incorrectly disclosed, you should amend your original report with clarifying
information.
If your committee follows the safe harbor guidelines outlined under 11 CFR §
110.20(a)(7) for all contributions received from a foreign address to ensure that
the sources of these contributions are not foreign nationals, please provide a
detailed description of your procedures. These procedures must be used in all
cases where a contributor or donor uses a foreign passport or passport number
for identification purposes, provides a foreign address, makes a contribution or
donation by means of a check or other written instrument drawn on a foreign
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bank or by wire transfer from a foreign bank, or resides abroad. A committee is
deemed to have conducted a reasonable inquiry into the contributor or donor's
nationality if you seek and obtain copies of current and valid U.S. passport
papers for U.S. citizens. No person may rely on this safe harbor if he or she has
actual knowledge that the source of the funds solicited, accepted, or received is
a foreign national.
If you have received a contribution from a foreign national, you must refund
the impermissible contribution to the donor in accordance with 11 CFR §
103.3(b). Please inform the Commission of your corrective action immediately
in writing and provide a photocopy of your check for the refund. In addition,
any refunds should be disclosed on Schedule B supporting Line 28(a) of the
report during which the transaction was made. Although the Commission may
take further legal action concerning the acceptance of a prohibited
contribution(s), prompt action on your part to refund or provide clarifying
information concerning these contributions will be taken into consideration.
4. Schedule B-P supporting Line 28(a) of your report discloses refunds to
individuals. It appears that your committee has not reported the receipt of the
original contributions, and has refunded an amount greater than the original
contributions for the attached contributors. Please clarify these refunds and
amend your report(s) as necessary. (52 U.S.C. § 30104(b) (formerly 2 U.S.C. §
434(b)) and 11 CFR § 104.3(a))
5. On Schedule B-P supporting Line 23 of your report, you have itemized
disbursements for which you have failed to include the address. Please amend
your report to include the missing information. (11 CFR § 104.3(b)(4))
6. Itemized disbursements must include a brief statement or description of why
each disbursement was made. Please amend Schedule B-P supporting Line 23
of your report to clarify the following description(s): "Staff Reimbursement."
For further guidance regarding acceptable purposes of disbursement, please
refer to 11 CFR 104.3(b)(4)(i)(A).
Additional clarification regarding inadequate purposes of disbursement
published in the Federal Register can be found at http://www.fec.gov/law/
policy/purposeofdisbursement/inadequate_purpose_list_3507.pdf.
7. Schedule B-P of your report discloses disbursements with the purpose "Per
Diem" that appear to be made from petty cash. Please be advised that cash
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disbursements to any person or vendor for any single purchase or transaction
may not exceed $100. If payments to the original vendor exceed $200 in an
election cycle, a memo entry including the name of the original vendor as well
as address, date, amount, and purpose of the original purchase must be
provided. Please amend your report to include the missing information or
provide clarifying information if memo items are not required. (52 U.S.C.
§30102(h)(2) (formerly 2 U.S.C. §432(h)(2)) and 11 CFR § 102.11)
8. Schedule B-P of your report discloses reimbursements to individuals for the
following travel related disbursement(s) described as: "Travel
Reimbursement". When the reimbursement amount to individuals for travel and
subsistence advances exceeds $500, the payments by staff to any one vendor
that make up the reimbursement may have to be itemized. For example, if the
related payments to any one vendor aggregate in excess of $200 for the election
cycle, the staff advance payment to the vendor must also be itemized in a memo
entry for that reimbursement. Each memo entry must include the complete
name and address of the original vendor, as well as the date, amount and
detailed purpose of the advance. If itemization is not necessary for a particular
reimbursement to staff in excess of $500, you must indicate so in an
amendment to this report. Please amend your report to include the missing or
clarifying information. See Advisory Opinion 1996-20 for additional
clarification. (11 CFR § 104.9)
Please note, you will not receive an additional notice from the Commission on this
matter. Adequate responses must be received by the Commission on or before the due
date noted above to be taken into consideration in determining whether audit action will
be initiated. Failure to comply with the provisions of the Act may also result in an
enforcement action against the committee. Any response submitted by your committee
will be placed on the public record and will be considered by the Commission prior to
taking enforcement action. Requests for extensions of time in which to respond will
not be considered.
Electronic filers must file amendments (to include statements, designations and reports)
in an electronic format and must submit an amended report in its entirety, rather than
just those portions of the report that are being amended. If you should have any
questions regarding this matter or wish to verify the adequacy of your response, please
contact me on our toll-free number (800) 424-9530 (at the prompt press 5 to reach the
Reports Analysis Division) or my local number (202) 694-1166.
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Sincerely,
Bradley Matheson
Sr. Campaign Finance & Reviewing Analyst
Reports Analysis Division
http://docquery.fec.gov/pdf/994/201604060300040994/201604060300040994.pdf
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= new reply since forum marked as read
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Can Bernie help it if people love him so much?
