Campaign Finance - Rubio, U.S. Federal Election Commission, Reclaim America PAC, Campaign Contributions Exceed Limits and other Violations in April Quarterly Report Report (2012)

Image# 12330018159 FEDERAL ELECTION COMMISSION WASHINGTON, D.C. 20463 RQ-2 December 13, 2012 LISA LISKER, TREASURER RECLAIM AMERICA PAC 228 S WASHINGTON ST STE 115 ALEXANDRIA, VA 22314 Response Due Date 01/17/2013 IDENTIFICATION NUMBER: C00500025 REFERENCE: APRIL QUARTERLY REPORT (01/01/2012 - 03/31/2012) 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. 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 3 item(s): 1. Schedule A of your report (see attached) discloses one or more contributions which appear to exceed the limits set forth in the Act. 2 U.S.C. §441a(f) and 11 CFR §§110.1(d) and 110.2(d) prohibit a committee and its affiliates from receiving any contribution from another political committee or person in excess of $5,000 per calendar year. 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. The funds can be retained if within 60 days of receipt, (1) the excessive amount was properly reattributed to another person, such as a joint account holder, by obtaining signed written authorizations from each person making the contribution pursuant to 11 CFR 110.1(k)(3), and (2) the treasurer informs the person making the contribution that he or she may request the return of the excessive portion of the contribution if it is not intended to be a joint contribution. Any request from a donor for a refund must be honored. Alternatively, the funds can be retained if within 60 days of receipt you (1) transferred the excessive amount to an account not used to influence federal elections, and (2) provided written notice to the person making the contribution of the option of receiving a refund. Any request from a donor for a refund

Image# 12330018160 RECLAIM AMERICA PAC Page 2 of 3 must be honored. If the foregoing conditions for reattributions or transfers to a non-federal account were not met within 60 days of receipt, the excessive amount must be refunded. Please inform the Commission of your corrective action immediately in writing and provide a photocopy of your check for any transfer-out or refund. In addition, any reattributions should be reported as memo entries on Schedule A of the report covering the period during which the authorization for the reattribution is received. Any transfers-out or refunds should be disclosed on Schedule B supporting Line 22 or 28 of the report during which the transaction was made. Although the Commission may take further legal action regarding the acceptance of an excessive contribution(s), prompt action by your committee to seek reattribution, transfer-out or refund the excessive amount will be taken into consideration. 2. Schedule A of your report discloses aggregate year-to-date total(s) for some contribution(s) (see attached) which appear to be incorrect. Please amend your report to provide the correct aggregate year-to-date totals. Please note that this problem frequently occurs when the contributor name is entered in the committee's electronic reporting database more than once using a different spelling and/or format. This prevents the database from properly aggregating contributions from the same individual or entity. Ensuring that the name of each contributor is entered into the database only once would help avoid year-to-date errors. When reporting contributions from political action committees, using the contributor's FEC identification number will help prevent duplicate entries. (11 CFR § 104.3(a)(2)) 3. On Schedule E supporting Line 24 of the Detailed Summary Page, your committee discloses a disbursement for "IE-Mandel-Online Processing" and lists itself, "Reclaim America PAC," as the payee. Please clarify the nature of this transaction or amend Schedule E by providing the correct name and mailing address of the payee. If this transaction represents an "internal transfer" of funds from one federal account to another, and the source(s) of such funds has been identified in previous reports of receipts and disbursements, please note that such transfers should not be itemized as doing so inflates total receipts and cash on hand. If this is the case, please amend your report accordingly.

Image# 12330018161 RECLAIM AMERICA PAC Page 3 of 3 - Schedule B of your report discloses an expenditure(s)for "Printing/Postage" and "Direct Mail/ Postage. For your information and consideration when preparing future filings,if a portion or all of these expenditures were for public communications (as defined by 11 CFR §100.26) or voter drive activity (under 11 CFR §106.6(b)(2)(i)) containing express advocacy as defined under 11 CFR §100.22, this would constitute an in-kind contribution or an independent expenditure and would be disclosed on a Schedule B or E supporting Line 23 or 24 as appropriate. Public communications and voter drive activity that refer to a clearly identified Federal candidate, but that do not expressly advocate the election or defeat of that candidate would be reported on Schedule B for Line 21(b) of the Detailed Summary Page. **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.** Electronic filers must file amendments (to include statements, designations and reports) in an electronic format and must submit an amended report in its entirety, rather than just those portions of the report that are being amended. 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) 694-1176. Sincerely, Arman Tarzi Campaign Finance Analyst Reports Analysis Division 323

Image# 12330018162 RECLAIM AMERICA PAC (C00500025) Contributor Name Date Amount Juan Gutierrez 1/4/12 $10,000.00 Jorge Mas 1/30/12 $10,000.00 Aggregate Year-to-Date Total(s) Calculated Incorrectly Contributor Name Date Amount Reported YTD Total YTD Total Calculated by FEC Juan Gutierrez 1/4/12 $10,000.00 $5,000.00 $10,000.00 Jorge Mas 1/30/12 $10,000.00 $5,000.00 $10,000.00 Excessive Contributions from Individuals 2012 April Quarterly 2012 April Quarterly Report Attachment Page 1 of 1