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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
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
Document text
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MARCO RUBIO FOR US SENATE
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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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MARCO RUBIO FOR US SENATE
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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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MARCO RUBIO FOR US SENATE
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Sincerely,
Jill Sugarman
Jill Sugarman
Sr. Campaign Finance & Reviewing Analyst
Reports Analysis Division
476
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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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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