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FEDERAL ELECTION COMMISSION
WASHINGTON, D.C. 20463
RQ-2
April 8, 2015
KEITH A. DAVIS, TREASURER
MARCO RUBIO FOR US SENATE
PO BOX 140420
MIAMI, FL 33114
Response Due Date
05/13/2015
IDENTIFICATION NUMBER: C00458844
REFERENCE: YEAR-END REPORT (10/01/2014 - 12/31/2014)
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). 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 $2,600 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. sec 30116(a) and (f) (formerly 2 U.S.C. sec 441a(a) and (f)); 11 CFR sec 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.
Campaign Finance - Rubio, U.S. Federal Election Commission, Marco Rubio for US Senate, Campaign Contributions Exceed Limits in Year-End Report (2014)
U.S. Federal Election Commission · April 8, 2015
A Federal Election Commission correspondence dated April 8, 2015, identifies excessive campaign contributions in the Marco Rubio for U.S. Senate committee’s fourth-quarter 2014 report and demands corrective refunds or redesignations by mid-May.
campaign finance fec violation
Document text
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MARCO RUBIO FOR US SENATE
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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 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))
If you have not already done so, please inform the Commission of your
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MARCO RUBIO FOR US SENATE
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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 or
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) 694-1174.
Sincerely,
Jaime Amrhein
Campaign Finance Analyst
Reports Analysis Division
433
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Excessive, Prohibited, and Impermissible Contributions
Marco Rubio for US Senate (C00458844)
Contributor Name
Date
Amount
Election
Berry, Yvonne
5/30/12
$200.00
P, 2016
Berry, Yvonne
3/25/13
$40.00
P, 2016
Berry, Yvonne
4/18/13
$180.00
P, 2016
Berry, Yvonne
5/22/13
$400.00
P, 2016
Berry, Yvonne Ms
1/9/14
$60.00
P, 2016
Berry, Yvonne Ms
8/7/14
$2,000.00
P, 2016
Berry, Yvonne Ms
12/15/14
$20.00
P, 2016
Choate, Arthur B Mr
10/4/11
$1,000.00
P, 2016
Choate, Arthur B Mr
4/10/12
$1,500.00
P, 2016
Choate, Arthur B Mr
10/19/12
$2,500.00
P, 2016
Choate, Arthur B Mr
5/7/13
$1,000.00
P, 2016
Choate, Arthur B Mr
5/23/13
$400.00
P, 2016
Choate, Arthur B Mr
6/30/13
-$1,300.00
P, 2016
Choate, Arthur B Mr
1/21/14
$1,300.00
P, 2016
Choate, Arthur B Mr
3/5/14
$100.00
P, 2016
Choate, Arthur B Mr
3/5/14
-$100.00
P, 2016
Choate, Arthur B Mr
7/8/14
$1,250.00
P, 2016
Choate, Arthur B Mr
10/3/14
-$3,750.00
P, 2016
Clark, Alice Ms
11/9/11
$500.00
P, 2016
$
Excessive Contributions from Individuals
Clark, Alice Ms
5/10/13
$400.00
P, 2016
Clark, A J
10/27/14
$2,000.00
P, 2016
Curtis, John D Mr
5/4/11
$1,000.00
P, 2016
Curtis, John D Mr
3/8/13
$400.00
P, 2016
Curtis, John D Mr
12/17/14
$4,800.00
P, 2016
Ferguson, Michael L Gen
7/20/11
$200.00
P, 2016
Ferguson, Michael L Gen
3/9/12
$200.00
P, 2016
Ferguson, Michael L Gen
5/14/12
$1,000.00
P, 2016
Ferguson, Michael L Gen
6/22/12
$100.00
P, 2016
Ferguson, Michael L Gen
5/1/13
$80.00
P, 2016
Ferguson, Michael L Gen
9/18/13
$400.00
P, 2016
Ferguson, Michael L Gen
4/23/14
$500.00
P, 2016
Ferguson, Michael L Gen
6/25/14
$40.00
P, 2016
Ferguson, Michael L Gen
6/25/14
-$40.00
P, 2016
Ferguson, Michael L Gen
7/29/14
$200.00
P, 2016
Attachment Page 1 of 3
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Excessive, Prohibited, and Impermissible Contributions
Marco Rubio for US Senate (C00458844)
Contributor Name
Date
Amount
Election
Ferguson, Michael L Gen
8/1/14
-$80.00
P, 2016
Ferguson, Michael L Gen
12/10/14
$100.00
P, 2016
Galkin, Warren B Mr
7/12/11
$500.00
P, 2016
Galkin, Warren B Mr
9/13/11
$500.00
P, 2016
Galkin, Warren B Mr
2/23/12
$500.00
P, 2016
Galkin, Warren B Mr
5/3/12
$500.00
P, 2016
Galkin, Warren B Mr
12/2/13
$400.00
P, 2016
Galkin, Warren B Mr
12/2/13
-$400.00
P, 2016
Galkin, Warren B Mr
8/5/14
$500.00
P, 2016
Galkin, Warren B Mr
8/29/14
-$100.00
P, 2016
Galkin, Warren B Mr
10/27/14
$1,000.00
P, 2016
Gullquist, Herbert W Mr
5/4/11
$2,000.00
P, 2016
Gullquist, Herbert W Mr
6/5/12
$500.00
P, 2016
Gullquist, Herbert W Mr
12/9/14
$1,000.00
P, 2016
Irizarry, Steven
12/8/14
$2,500.00
P, 2016
Irizarry, Steven
12/22/14
$2,500.00
P, 2016
Linnen, Thomas F Mr Sr
2/5/14
$200.00
P, 2016
Linnen, Thomas F Mr Sr
4/9/14
$100.00
P, 2016
Linnen, Thomas F Mr Sr
4/16/14
$500.00
P, 2016
Li
Th
F M S
7/28/14
$1 360 00
P 2016
Linnen, Thomas F Mr Sr
7/28/14
$1,360.00
P, 2016
Linnen, Thomas F Mr Sr
9/16/14
$200.00
P, 2016
Linnen, Thomas F Mr Sr
12/8/14
$2,040.00
P, 2016
Mantena, Rama R
11/19/14
$5,000.00
P, 2016
Reus, Sandra Mrs
12/19/14
$9,600.00
P, 2016
Simmons, Annette C Mrs
8/25/11
$2,500.00
P, 2016
Simmons, Annette C Mrs
12/17/14
$5,000.00
P, 2016
Taylor, Steven B Mr
8/9/13
$2,080.00
P, 2016
Taylor, Steven B Mr
4/30/14
$520.00
P, 2016
Taylor, Steve Mr
12/31/14
$2,000.00
P, 2016
Traviesa, Trey
9/30/12
$2,500.00
G, 2016
Traveisa, Anthony Trey
4/8/14
$2,400.00
G, 2016
Attachment Page 2 of 3
Image# 15330080153
Excessive, Prohibited, and Impermissible Contributions
Marco Rubio for US Senate (C00458844)
Contributor Name
Date
Amount
Election
Traviesa, Anthony Trey Mr
12/11/14
$200.00
G, 2016
Attachment Page 3 of 3