Campaign Finance - Rubio, U.S. Federal Election Commission, Marco Rubio for US Senate, Campaign Contributions Exceed Limits in April Quarterly Report (2010)

Image# 10330001122 FEDERAL ELECTION COMMISSION UNITED STATES OF AMERICA FEDERAL ELECTION COMMISSION WASHINGTON, D.C. 20463 RQ-2 May 18, 2010 KEITH A. DAVIS, TREASURER MARCO RUBIO FOR US SENATE 2030 SOUTH DOUGLAS ROAD SUITE 105 CORAL GABLES, FL 33134 Response Due Date 06/22/2010 IDENTIFICATION NUMBER: C00458844 REFERENCE: APRIL QUARTERLY REPORT (01/01/2010 - 03/31/2010) Dear Treasurer: This letter is prompted by the Commission's preliminary review of the report(s) 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 item: 1. Schedule A of your report discloses one or more contributions that appear to exceed the limits set forth in the Act (see attached). You should examine all of your contributions to check for additional excessive contributions. The Committee's procedures for processing contributions should also be reviewed. An individual or a political committee other than an authorized committee or qualified multi-candidate committee may not make a contribution to a candidate for federal office in excess of $2,400 per election. An authorized committee may not make a contribution 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. (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.

Image# 10330001123 MARCO RUBIO FOR US SENATE Page 2 of 3 Excessive contributions may be retained if, within sixty (60) days of receipt, the 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 sixty (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 sixty (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).

Image# 10330001124 MARCO RUBIO FOR US SENATE Page 3 of 3 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 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 Section 104.8(d)(2), (3) and (4)) The acceptance of excessive contributions is a serious problem. Again, the committee's procedures for processing contributions should be examined and corrected in order to avoid this problem. Although the Commission may take further legal action, prompt action by you to refund, redesignate, and/or reattribute of 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) 694-1165. Sincerely, Rebecca Hough Rebecca Hough Senior Campaign Finance Analyst Reports Analysis Division 469

Image# 10330001125 Excessive and/or Prohibited Contributions Marco Rubio for US Senate (C00458844) April Quarterly Report (1/1/10 - 3/31/10) P = Primary Election G = General Election CONTRIBUTOR NAME DATE AMOUNT ELECTION HEITHOFF KENNETH MR 3/14/2010 $1,498.00 P, 2010 HEITHOFF KENNETH MR 3/15/2010 $2,400.00 P, 2010 HELPHENSTINE BRETT 11/22/2009 $2,400.00 P, 2010 HELPHENSTINE BRETT 12/22/2009 $2,400.00 P, 2010 HELPHENSTINE BRETT 1/22/2010 $2,400.00 P, 2010 HERTOG ROGER MR 8/28/2009 $4,800.00 P, 2010 HERTOG ROGER MR 9/15/2009 -$2,400.00 P, 2010 HERTOG ROGER 3/25/2010 $1,428.00 P, 2010 HERTZOG LEO J MR JR 3/26/2010 $2,500.00 P, 2010 KOCH CHARLES MR 12/4/2009 $500.00 P, 2010 KOCH CHARLES MR 3/17/2010 $2,400.00 P, 2010 KRAMER ROBERT S MR 10/21/2009 $500.00 P, 2010 KRAMER ROBERT S MR 11/20/2009 $500.00 P, 2010 KRAMER ROBERT S MR 12/4/2009 $750.00 P, 2010 KRAMER ROBERT S MR 12/4/2009 $100.00 P, 2010 KRAMER ROBERT S MR 12/17/2009 $500.00 P, 2010 KRAMER ROBERT S MR 12/31/2009 $500.00 P, 2010 KRAMER ROBERT S MR 1/12/2010 $500.00 P, 2010 KRAMER ROBERT S MR 1/15/2010 -$450.00 P, 2010 KRAMER ROBERT S MR 1/18/2010 $500.00 P, 2010 KRAMER ROBERT S MR 1/18/2010 $500.00 P, 2010 KRAMER ROBERT S MR 1/22/2010 -$500.00 P, 2010 KRAMER ROBERT S MR 1/28/2010 $1,000.00 P, 2010 KRAMER ROBERT S MR 2/2/2010 $250.00 P, 2010 KRAMER ROBERT S MR 2/3/2010 $500.00 P, 2010 KRAMER ROBERT S MR 2/19/2010 -$1,000.00 P, 2010 KRAMER ROBERT S MR 2/19/2010 -$350.00 P, 2010 KRAMER ROBERT S MR 3/4/2010 $100.00 P, 2010 KRAMER ROBERT S MR 3/31/2010 -$100.00 P, 2010 Page 1 of 3

Image# 10330001126 Excessive and/or Prohibited Contributions Marco Rubio for US Senate (C00458844) April Quarterly Report (1/1/10 - 3/31/10) P = Primary Election G = General Election CONTRIBUTOR NAME DATE AMOUNT ELECTION LAMOTHE WILLIAM 12/31/2009 $1,000.00 P, 2010 LAMOTHE WILLIAM 2/10/2010 $1,000.00 P, 2010 LAMOTHE WILLIAM 3/22/2010 $1,000.00 P, 2010 LINDEMAN FRAYDA MRS 3/18/2010 $4,800.00 P, 2010 LINNEN THOMAS F MR SR 10/6/2009 $40.00 P, 2010 LINNEN THOMAS F MR SR 11/5/2009 $1,000.00 P, 2010 LINNEN THOMAS F MR SR 3/31/2010 $2,000.00 P, 2010 MACCABE THOMAS B MR 2/5/2010 $2,000.00 P, 2010 MACCABE THOMAS B MR 2/9/2010 $500.00 P, 2010 MACCABE THOMAS B MR 3/16/2010 $3,000.00 P, 2010 MACNEIL DAVID B MR 12/29/2009 $2,000.00 P, 2010 MACNEIL DAVID B MR 3/31/2010 $2,000.00 P, 2010 OURISMAN MARY M AMB 3/16/2010 $2,400.00 P, 2010 OURISMAN MARY M MS 1/11/2010 $1,000.00 P, 2010 PEREZ DEMETRIO MR 6/30/2009 $1,000.00 P, 2010 PEREZ DEMETRIO MR 3/25/2010 $2,400.00 P, 2010 PINO SERGIO MR 6/26/2009 $2,300.00 P, 2010 PINO SERGIO MR 3/1/2010 $2,400.00 P, 2010 PINO SERGIO MR 3/9/2010 $100.00 P, 2010 RAULERSON DANIEL D MR 9/29/2009 $1,500.00 P, 2010 RAULERSON DANIEL D MR 2/9/2010 $500.00 P, 2010 RAULERSON DANIEL D MR 3/8/2010 $5,947.00 P, 2010 REMARKABLE PARTNERS 3/30/2010 $4,800.00 P, 2010 Page 2 of 3

Image# 10330001127 Excessive and/or Prohibited Contributions Marco Rubio for US Senate (C00458844) April Quarterly Report (1/1/10 - 3/31/10) P = Primary Election G = General Election CONTRIBUTOR NAME DATE AMOUNT ELECTION ROTHERT JOHN H MR 12/2/2009 $1,000.00 P, 2010 ROTHERT JOHN H MR 1/26/2010 $250.00 P, 2010 ROTHERT JOHN H MR 1/31/2010 $1,050.00 P, 2010 ROTHERT JOHN H MR 3/5/2010 $2,150.00 P, 2010 ROTHERT JOHN H MR 3/19/2010 $1,000.00 P, 2010 SHAW DONALD M MR 12/23/2009 $1,000.00 P, 2010 SHAW DONALD M MR 3/30/2010 $2,000.00 P, 2010 Page 3 of 3