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Campaign Finance - Rubio, U.S. Federal Election Commission, Marco Rubio for US Senate, Campaign Contributions Exceed Limits in July Quarterly Report (2014)

U.S. Federal Election Commission · March 12, 2015

A March 2015 letter from the Federal Election Commission to the Marco Rubio for U.S. Senate committee requesting clarification and corrective action regarding allegedly excessive campaign contributions reported in its July quarterly filing.

FEC to Rubio

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Image# 15330078506 FEDERAL ELECTION COMMISSION WASHINGTON, D.C. 20463 RQ-2 March 12, 2015 KEITH A. DAVIS, TREASURER MARCO RUBIO FOR US SENATE PO BOX 140420 MIAMI, FL 33114 Response Due Date 04/16/2015 IDENTIFICATION NUMBER: C00458844 REFERENCE: JULY QUARTERLY REPORT (04/01/2014 - 06/30/2014) Dear Treasurer: 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. An adequate response must be received at the Senate Public Records Office by the response date noted above. 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 1 item(s): - Schedule A of your report discloses one or more contributions that appear to exceed the limits set forth in the Act (see attached). An individual or a political committee other than an authorized committee or qualified multi-candidate committee may not make a contribution(s) to a candidate for federal office in excess of $2,600 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 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)) If any apparently excessive contribution in question was incompletely or incorrectly disclosed, you must amend your original report with the clarifying information. If any contribution you received exceeds the limits, you may have to refund the excessive amount. Excessive contributions may be retained if, within 60 days of receipt, the
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Image# 15330078507 MARCO RUBIO FOR US SENATE Page 2 of 4 excessive portions are properly redesignated or reattributed. Guidelines for each option are provided below. For reattributions, excessive contributions from individuals can be retained if, within 60 days of receipt, the excessive amount is properly reattributed to another person. Please note that reattributions only apply to excessive contributions from individuals. 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 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 is properly redesignated 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) your 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)) Please note that you cannot presumptively redesignate an excessive contribution from a multi-candidate committee. Also, a contribution can only be 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 of the contribution, the excessive amount must be refunded. See 11 CFR § 103.3(b)(1).
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Image# 15330078508 MARCO RUBIO FOR US SENATE Page 3 of 4 The Commission notes your refund of some of these contributions. 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 within the 60-day time frame. These contributions must be refunded immediately. If you have not already done so, 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 20(a), (b), or (c), as applicable, of the Detailed Summary Page and on a supporting Schedule B of the report covering the period in which they are made. Redesignations and reattributions are reported as memo entries on Schedule A 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, redesignate, and/or reattribute the excessive amount will be taken into consideration. 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. A written response or an amendment to your original report(s) correcting the above problems should be filed with the Senate Public Records Office. Please contact the Senate Public Records Office at (202) 224-0322 for instructions on how and where to file an amendment. 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) 694-1154.
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Image# 15330078509 MARCO RUBIO FOR US SENATE Page 4 of 4 Sincerely, Jill Sugarman Jill Sugarman Sr. Campaign Finance & Reviewing Analyst Reports Analysis Division 476
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Image# 15330078510 Excessive, Prohibited, and Impermissible Contributions Marco Rubio for US Senate (C00458844) Contributor Name Date Amount Election Craig, Jenny 8/7/13 $2,600.00 P, 2016 Craig, Jenny Ms. 4/14/14 $200.00 P, 2016 Cretella, Tom 3/16/11 $2,500.00 P, 2016 Cretella, Thomas E Mr 4/16/14 $1,000.00 P, 2016 Cretella, Thomas 7/28/14 -$1,000.00 P, 2016 Gaines, Gay H Mrs 3/7/13 $2,600.00 P, 2016 Gaines, Gay H The Hon 4/7/14 $2,000.00 P, 2016 Gates, William 11/3/11 $500.00 P, 2016 Gates, William H Mr III 6/30/14 $2,500.00 P, 2016 Khan, Cody 9/30/12 $2,500.00 G, 2016 Khan, Cody 4/8/13 $100.00 G, 2016 Khan, Cody Mr 4/1/14 $100.00 G, 2016 Paradis, J A Mr Jr 12/22/11 $2,000.00 P, 2016 Paradis, J A Mr Jr 4/9/12 $500.00 P, 2016 Paradis, Jo Ann Mr 4/9/12 $1,000.00 P, 2016 Paradis, J A Mr Jr 4/25/14 $2,500.00 P, 2016 Paradis, J A 5/22/14 -$900.00 P, 2016 Paradis, J A 7/28/14 -$1,900.00 P, 2016 Schar, Martha 5/4/11 $2,500.00 P, 2016 Schar, Martha 2/26/13 $100.00 P, 2016 Schar, Martha M Mrs 4/1/14 $2,000.00 P, 2016 Sewkowski, Ray 4/16/13 $2,600.00 P, 2016 Sewkowski, Ray Michael Mr 6/6/14 $2,000.00 P, 2016 Wolf, Mary Ms 6/30/11 $200.00 P, 2016 Wolf, Mary Ms 8/8/11 $50.00 P, 2016 Wolf, Mary Ms 9/28/11 $20.00 P, 2016 Wolf, Mary Ms 12/12/11 $100.00 P, 2016 Wolf, Mary Ms 3/12/12 $50.00 P, 2016 Wolf, Mary Ms 4/26/12 $1,000.00 P, 2016 Wolf, Mary Ms 6/6/12 $1,000.00 P, 2016 Wolf, Mary G Ms 7/5/12 $80.00 P, 2016 Excessive Contributions from Individuals Attachment Page 1 of 2
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Image# 15330078511 Excessive, Prohibited, and Impermissible Contributions Marco Rubio for US Senate (C00458844) Contributor Name Date Amount Election Wolf, Mary G Ms 6/14/13 $0.40 P, 2016 Wolf, Mary G Ms 7/25/13 $99.60 P, 2016 Wolf, Mary G Mrs 4/28/14 $250.00 P, 2016 Wolf, Mary G Mrs 7/28/14 -$250.00 P, 2016 Attachment Page 2 of 2