Campaign Finance - Rubio, U.S. Federal Election Commission, Marco Rubio for US Senate, Multiple Violations in 30 Day Post-General Report (2010)

Image# 11330003404 FEDERAL ELECTION COMMISSION WASHINGTON, D.C. 20463 RQ-2 January 6, 2011 KEITH A. DAVIS, TREASURER MARCO RUBIO FOR US SENATE 2030 SOUTH DOUGLAS ROAD, SUITE 105 CORAL GABLES, FL 33134 Response Due Date 02/10/2011 IDENTIFICATION NUMBER: C00458844 REFERENCE: 30 DAY POST-GENERAL REPORT (10/14/2010 - 11/22/2010) 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 5 item(s): 1. Schedule A of your report discloses one or more contributions that appear to be from a corporation(s) and/or labor organization(s) (see attachment #1). 2 U.S.C. § 441b(a) prohibits the receipt of contributions from corporations and labor organizations unless made from separate segregated funds established by the corporations and labor organizations. If any apparently prohibited contribution in question was incompletely or incorrectly disclosed, you must amend your original report with clarifying information. If you have received prohibited contributions, you must make a refund. (11 CFR § 103.3(b)(1)) The refund must be made within thirty (30) days of the treasurer becoming aware of the illegality of the contribution. (11 CFR § 103.3(b)(2)) Please inform the Commission of your corrective action immediately and provide a photocopy of any refund checks. Refunds must be reported on a Schedule B supporting Line 20(a) of the report covering the period in which the refund was made. (11 CFR § 104.8(d)(4)) Although the Commission may take further legal action, prompt action by you to refund the prohibited amount will be taken into consideration. 2. Schedule A of your report discloses one or more contributions that appear to

Image# 11330003405 MARCO RUBIO FOR US SENATE Page 2 of 5 exceed the limits set forth in the Act (see attachment #1). 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. 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.

MARCO RUBIO FOR US SENATE Page 3 of 5 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). 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 § 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. 3. Schedule A of your report indicates that your committee may have failed to file one or more of the required 48-hour notices regarding "last minute" contributions received by your committee after the close of books for the 12 Day Pre-General Report (see attachment #2). A principal campaign committee must notify the Commission, in writing, within 48 hours of any contribution of $1,000 or more received between two and twenty days before an election.

Image# 11330003407 MARCO RUBIO FOR US SENATE Page 4 of 5 These contributions are then reported on the next report required to be filed by the committee. To ensure that the Commission is notified of last minute contributions of $1,000 or more to your campaign, it is recommended that you review your procedures for checking contributions received during the aforementioned time period. The failure to file 48-hour notices may result in civil money penalties or legal enforcement action. If any contribution of $1,000 or more was incorrectly reported, you must amend your original report with the clarifying information. (11 CFR § 104.5(f)) 4. It appears that your committee may have filed duplicate 48-hour notices. Your committee filed two 48 hour notices for Jose Fanjul for $2,400.00; however, this contributions is only disclosed once on Schedule A of your report. Please amend your report to include the additional contributions or provide an explanation of the apparent discrepancies. (11 CFR §104.3(a)(4)(i)) 5. Your committee has previously established that it has been using "best efforts" to obtain the occupations and names of employers for contributors. This report discloses a significant increase in the number of entries for which the occupations and/or employers are not provided. Please note that the committee must make, in addition to the original solicitation, at least one additional written or oral request for the information within 30 days of the receipt of the contribution. A written request may not include an additional solicitation or material on any subject other than thanking the contributor for the contribution, and must include a pre-addressed post card or envelope for the contributor's response. An oral request must be documented in writing. (11 CFR §§ 104.3(a)(4)(i) and 104.7) 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.

Image# 11330003408 MARCO RUBIO FOR US SENATE Page 5 of 5 Sincerely, Rebecca Hough Rebecca Hough Senior Campaign Finance Analyst Reports Analysis Division 469

Image# 11330003409 Excessive and/or Prohibited Contributions Marco Rubio for US Senate (C00458844) 30 Day Post-General Report (10/14/10 - 11/22/10) Attachment #1 P = Primary Election G = General Election DATE AMOUNT ELECTION ALTMAN THOMAS MR 8/9/2010 $2,200.00 G, 2010 ALTMAN THOMAS MR 10/25/2010 $300.00 G, 2010 ARCADIS PAC 10/26/2010 $5,000.00 G, 2010 ARCADIS PAC 11/2/2010 $5,000.00 G, 2010 AT&T INC. FEDERAL PAC 8/27/2010 $2,500.00 G, 2010 AT&T INC. FEDERAL PAC 10/13/2010 $2,500.00 G, 2010 AT&T INC. FEDERAL PAC 10/25/2010 $2,500.00 G, 2010 BYERS WALTER MR 9/17/2010 $1,500.00 G, 2010 BYERS WALTER MR 10/26/2010 $1,000.00 G, 2010 CAMPBELL KIM K MRS 4/23/2010 $1,000.00 G, 2010 CAMPBELL KIM K MRS 10/21/2010 $1,500.00 G, 2010 CAMPBELL KIM K MRS 10/27/2010 $2,400.00 G, 2010 CLARKE VICTOR E MR 9/8/2010 $1,500.00 G, 2010 CLARKE VICTOR E MR 9/27/2010 $1,000.00 G, 2010 CLARKE VICTOR E E MR 11/1/2010 $1,950.00 G, 2010 DOBBS JOHN HULL MR 10/29/2010 $5,000.00 G, 2010 FANJUL JOSE PEPE MR 6/30/2010 $500.00 G, 2010 FANJUL JOSE MR SR 9/29/2010 $1,900.00 G, 2010 FANJUL JOSE PEPE MR SR 10/25/2010 $2,400.00 G, 2010 FLORIDA FARM BUREAU FEDERATION FEDPAC 8/27/2010 $2,500.00 G, 2010 FLORIDA FARM BUREAU FEDERATION FEDPAC 9/1/2010 $2,500.00 G, 2010 FLORIDA FARM BUREAU FEDERATION FEDPAC 10/21/2010 $2,500.00 G, 2010 FOSTER THADDEUS T MR 11/1/2010 $2,150.00 G, 2010 FOSTER THADDEUS T MR 11/1/2010 $2,150.00 G, 2010 CONTRIBUTOR NAME Page 1 of 4 Attachment Page 1 of 6

Image# 11330003410 Excessive and/or Prohibited Contributions Marco Rubio for US Senate (C00458844) 30 Day Post-General Report (10/14/10 - 11/22/10) Attachment #1 P = Primary Election G = General Election DATE AMOUNT ELECTION CONTRIBUTOR NAME FREITAS MARK E MR 9/30/2009 $100.00 G, 2010 FREITAS MARK E MR 10/25/2010 $4,800.00 G, 2010 FUENTES JOSE MR 10/13/2010 $2,400.00 G, 2010 FUENTES JOSE MR 10/25/2010 $2,400.00 G, 2010 GARCIA-BENGOCHEA JAVIER DR 2/26/2010 $2,400.00 G, 2010 GARCIA-BENGOCHEA JAVIER DR 10/26/2010 $2,400.00 G, 2010 GIBBS GEORGE W MR 11/8/2010 $3,000.00 P, 2016 GONZALEZ FRANCISCO 10/21/2010 $4,800.00 G, 2010 GROW WESLEY R MR 6/30/2010 $200.00 G, 2010 GROW WESLEY R MR 8/6/2010 $1,000.00 G, 2010 GROW WESLEY R MR 8/9/2010 $400.00 G, 2010 GROW WESLEY R MR 8/9/2010 $1,000.00 G, 2010 GROW WESLEY R MR 10/12/2010 $2,000.00 G, 2010 GROW WESLEY R MR 10/13/2010 -$600.00 G, 2010 GROW WESLEY R MR 10/28/2010 $400.00 G, 2010 HAM GEORGE MR 9/1/2010 $300.00 G, 2010 HAM GEORGE MR 9/9/2010 $1,300.00 G, 2010 HAM GEORGE MR 10/18/2010 $500.00 G, 2010 HAM GEORGE MR 10/29/2010 $500.00 G, 2010 HARRISON WILLIAM JR 11/1/2010 $2,400.00 G, 2010 HARRISON WILLIAM JR 11/1/2010 $2,400.00 G, 2010 LANDRY CHRISTOPHER KEVIN MR 5/10/2010 $2,400.00 G, 2010 LANDRY CHRISTOPHER KEVIN MR 10/18/2010 $2,400.00 G, 2010 LAUTENBACH NED 10/21/2010 $2,600.00 G, 2010 Page 2 of 4 Attachment Page 2 of 6

Image# 11330003411 Excessive and/or Prohibited Contributions Marco Rubio for US Senate (C00458844) 30 Day Post-General Report (10/14/10 - 11/22/10) Attachment #1 P = Primary Election G = General Election DATE AMOUNT ELECTION CONTRIBUTOR NAME MILSTEIN LAZER 11/1/2010 $2,400.00 G, 2010 MILSTEIN LAZER 11/1/2010 $2,400.00 G, 2010 NATIONAL REPUBLICAN SENATORIAL COMMITTEE 9/17/2010 $12,600.00 G, 2010 NATIONAL REPUBLICAN SENATORIAL COMMITTEE 10/26/2010 $42,000.00 G, 2010 PALMER JACK 10/7/2010 $500.00 G, 2010 PALMER JACK 10/28/2010 $1,000.00 G, 2010 PALMER JACK 10/29/2010 $1,000.00 G, 2010 RODRIGUEZ RAUL 9/7/2010 $2,400.00 G, 2010 RODRIGUEZ RAUL 10/28/2010 $1,000.00 G, 2010 ROSELLINI LOUIS F 10/23/2010 $4,800.00 G, 2010 SAWYER BRUCE 10/23/2010 $2,500.00 G, 2010 SEAMAN ELEANOR 9/26/2010 $1,000.00 G, 2010 SEAMAN ELEANOR 10/28/2010 $500.00 G, 2010 SEAMAN ELEANOR 10/28/2010 $500.00 G, 2010 SEAMAN ELEANOR 10/29/2010 $500.00 G, 2010 SEAMAN ELEANOR 10/29/2010 $500.00 G, 2010 SHOEMAKER ROBERT MR 9/3/2010 $600.00 G, 2010 SHOEMAKER ROBERT MR 9/15/2010 $600.00 G, 2010 SHOEMAKER ROBERT MR 9/30/2010 $600.00 G, 2010 SHOEMAKER ROBERT MR 10/26/2010 $300.00 G, 2010 SHOEMAKER ROBERT MR 11/1/2010 $1,000.00 G, 2010 SMITH MATTHEW 10/18/2010 $2,000.00 G, 2010 SMITH MATTHEW 10/29/2010 $2,800.00 G, 2010 SMITH RANDALL MR 3/31/2010 $1,200.00 G, 2010 Page 3 of 4 Attachment Page 3 of 6

Image# 11330003412 Excessive and/or Prohibited Contributions Marco Rubio for US Senate (C00458844) 30 Day Post-General Report (10/14/10 - 11/22/10) Attachment #1 P = Primary Election G = General Election DATE AMOUNT ELECTION CONTRIBUTOR NAME SMITH RANDALL MR 10/27/2010 $2,400.00 G, 2010 SNOWDEN RICHARD 10/25/2010 $2,400.00 G, 2010 SNOWDEN RICHARD 10/25/2010 $2,400.00 G, 2010 ST GEORGE NICHOLAS J MR 8/26/2010 $900.00 G, 2010 ST GEORGE NICHOLAS MR 10/28/2010 $1,000.00 G, 2010 ST GEORGE NICHOLAS MR 10/29/2010 $1,000.00 G, 2010 THE NEW CUBAN AMERICAN MAJORITY PAC 10/28/2010 $2,400.00 G, 2010 THE NEW CUBAN AMERICAN MAJORITY PAC 10/28/2010 $2,400.00 G, 2010 VIRGIN CHARLES MR 9/29/2010 $1,000.00 G, 2010 VIRGIN CHARLES MR 10/29/2010 $1,500.00 G, 2010 WAY STEPHEN 9/16/2010 $2,400.00 G, 2010 WAY STEPHEN 11/1/2010 $2,400.00 G, 2010 FIRST SERVICE ADMINISTRATORS 10/19/2010 $500.00 G, 2010 OLYMPA PLUMBING CORP 10/21/2010 $500.00 G, 2010 The following contributions appear to be prohibited. Page 4 of 4 Attachment Page 4 of 6

Image# 11330003413 Missing 48-hour notices Marco Rubio for US Senate (C00458844) 30 Day Post-General Report (10/14/10 - 11/22/10) General Election 2010 48 Hour Notice Period (10/14/10 - 10/30/10) Attachment #2 DATE AMOUNT ELECTION PETWAY BETTY 10/15/2010 $2,400.00 G, 2010 FEIT S MR 10/18/2010 $1,000.00 G, 2010 FULLERTON ROBERT 10/18/2010 $1,000.00 G, 2010 LANDRY CHRISTOPHER KEVIN MR 10/18/2010 $2,400.00 G, 2010 ROSEMURGY JENNIFER 10/19/2010 $2,400.00 G, 2010 21ST CENTURY MAJORITY FUND 10/22/2010 $2,500.00 G, 2010 ALLRAD BARRY L MR 10/22/2010 $1,000.00 G, 2010 ALVAREZ ESTHER L MRS 10/22/2010 $2,400.00 G, 2010 ALVAREZ MAXIMO RICARDO MR 10/22/2010 $2,400.00 G, 2010 BALLARD WAYNE 10/22/2010 $1,440.00 G, 2010 CRETELLA TOM 10/22/2010 $2,400.00 G, 2010 CUSTER ROY F MR JR 10/22/2010 $1,000.00 G, 2010 EXXON MOBIL CORPORATION PAC 10/22/2010 $5,000.00 G, 2010 GEO GROUP INC. PAC 10/22/2010 $5,000.00 G, 2010 GIVEN KEVIN 10/22/2010 $1,200.00 G, 2010 10/22/2010 $5,000.00 G, 2010 HERTEL KRISTEN 10/22/2010 $2,400.00 G, 2010 10/22/2010 $2,500.00 G, 2010 LAS VEGAS SANDS CORP PAC 10/22/2010 $5,000.00 G, 2010 MEYERHOFF HARVEY 10/22/2010 $1,000.00 G, 2010 MULVEY STEPHEN 10/22/2010 $1,200.00 G, 2010 NAW WDPAC 10/22/2010 $5,000.00 G, 2010 10/22/2010 $5,000.00 G, 2010 PROTECT AMERICAS FUTURE PAC INC. 10/22/2010 $5,000.00 G, 2010 RAC-GOOD GOVERNMENT PAC 10/22/2010 $5,000.00 G, 2010 ROGERS JOHN 10/22/2010 $2,400.00 G, 2010 SATTER MUNEER 10/22/2010 $2,400.00 G, 2010 SPEESE MARK 10/22/2010 $1,000.00 G, 2010 TO PROTECT OUR HERITAGE PAC 10/22/2010 $1,000.00 G, 2010 BEARD RICHARD A MR III 10/24/2010 $2,400.00 G, 2010 METLIFE INC. 10/24/2010 $2,500.00 G, 2010 BATTAGLIA ROBERT E MR 10/27/2010 $1,000.00 G, 2010 CONTRIBUTOR NAME NEXT CENTURY FUND KPMG PAC HALPAC Page 1 of 2 Attachment Page 5 of 6

Image# 11330003414 Missing 48-hour notices Marco Rubio for US Senate (C00458844) 30 Day Post-General Report (10/14/10 - 11/22/10) General Election 2010 48 Hour Notice Period (10/14/10 - 10/30/10) Attachment #2 DATE AMOUNT ELECTION CONTRIBUTOR NAME CAMPBELL J D 10/27/2010 $1,000.00 G, 2010 CARDEN ROBERT 10/27/2010 $2,000.00 G, 2010 FAIRBANKS SHANNON 10/27/2010 $1,000.00 G, 2010 10/27/2010 $5,000.00 G, 2010 10/27/2010 $2,500.00 G, 2010 PALMER JACK 10/28/2010 $1,000.00 G, 2010 SCHULTE FRED C 10/28/2010 $1,000.00 G, 2010 SPIRO DONALD W MR 10/28/2010 $1,000.00 G, 2010 ST GEORGE NICHOLAS MR 10/28/2010 $1,000.00 G, 2010 FMR LLC PAC SAIC VOLUNTARY PAC Page 2 of 2 Attachment Page 6 of 6