Sunday, April 20, 2008

FEC Complaint Filed Against Orentlicher

Blogger Jacob Perry has filed a complaint with the FEC alleging that the campaign of 7th District Democratic candidate David Orentlicher violated federal contribution limits of $2,300 per election. He specifically identifies three violations in his complaint. It's my understanding that a contributor can donate $2,300 per election. In the 7th District this year, there are technically four elections: special election caucus, special election general, primary and general election. Technically, a candidate in the 7th District race could collect a total of $9,200 as long as the contributions are separately designated among these four elections. Can Orentlicher collect that amount from a single contributor in advance? Prior to filing his complaint, Perry says he vetted the issues he raised in his complaint with a campaign finance attorney, who believes the donations in question violate the law on contribution limits. I'm not sure of the nuances of this law, although I understand the so-called "Millionaire's Amendment" triggered by the campaign of Dr. Woody Myers allows other candidates in the race to exceed the $2,300 limit. Perry points out in his complaint, though, that the contributions in question were made prior to the filing of Myers' Millionaire's Amendment.

15 comments:

Flynn said...

Orientlicher is only involved in one election, the primary. That's $2300. He didn't run in the special election, so you can't count that. I'm pretty sure the caucus doesn't count either. And the general election hasn't happened yet.

The limit is PER election, not cumulative.

artfuggins said...

I am not a lawyer.....BUT my understanding is that since Woody Myers has now contributed $1,200,000 of his personal money that the limits for contributors to the other candidates has been raised from $2300 to $6900. I am sure that the lawyers that read this will chime in with the specifics.

Jacob Perry said...

Art, has Gary pointed out (and as my complaint also specified), a candidate may only exceed the limits in regards to the "Millionaire's Ammendment" after filing a "Form 11". Not only did Orentlicher's campaign not file this form until the end of March, but such filings ARE NOT retroactive.

Sean Shepard said...

flynn - I believe David also raised money for the Special Election as he was indeed a potential candidate that could have been slated to run in that race.

If properly designated, there probably is no problem with the $9200 total but it sounds like it was not. I also believe, but would need to confirm, that all a candidate has to do is declare their intention to run in a race to be able to raise funds for it.

Jacob Perry said...

Again, as I specify in the complaint, each of these three individuals designate $4600 for the "Special" and another $4600 for the "Primary". That's double the allowable limits.

It would be different if $2300 was designated "Special Caucus", another $2300 designated "Special General", $2300 designated "Primary" and another $2300 designated "General". But that's not how they are reported.

I post links to the latest FEC filings on the site (which neither Orentlicher or Carolene Mays have filed their April quarterlies, BTW). Each person can look at the actual forms for them self.

demo146 said...

Jacob, only the incumbent candidate is required to file a quarterly report when the quarterly deadline falls so closely to the primary. Only the pre-primary report is required to be filed and does not have to be filed until April 24th. A candidate may raise funds for the special caucus and the special at the same time, if the candidate does not win the caucus then the funds raised for the special election must be returned to the contributor. I think you will find that David O did return contributions that were raised for the special after the caucus.

MissouriDemocrat said...

and filing this complaint does what? other than mischef don't you think everyone know david o has about as much chance of election as a snowball in hell? so lets waste more time on stupid crap and then you wonder why the average citizen thinks lawyers are the real problem? whatver.... this complaint really serves no useful purpose and whomever filed it needs to get a real life, enjoy a nice meal out and go about earning his or her living with an eye on doing whats right in their profession. this crap is why average people hate politics.

artfuggins said...

I am more appalled at the fact that Woody Myers has spent $1,200,00 of his own money in an attempt to buy this congressional seat.........

Jacob Perry said...

Demo146, it doesn't matter what was allegedly returned (and we only have your claim on this), the fact is that accepting the contributions in the first place was wrong.

Oh, and I never claimed either Orentlicher or Mays had broken any laws by not filing yet, just that it was odd that they hadn't. Even Sean Sheppard filed, and he wasn't required to by law.

MissouriDemocrat, you need to take better care of your login and password information so that another eight-year-old kid doesn't get on this site and post another juvenile, inane and petty comment like the one posted under your name earlier.

Concerned Taxpayer said...

Isn't it amazing how democrats eat their own young!

Actually, me thinks that "someone" is only doing this to try to keep their job working for Andre Carson, the new wonder boy of Congress.

Rico43 said...

You're appalled by a candidate spending his own money? Would you rather he get it from out-of-state special interest groups and PACs like Andre? I'm not a fan of Dr. Myers, but will defend to my death his right to spend his own money.

MissouriDemocrat said...

all this jockeying, etc. filing complaints etc against loser candidates jacob has the average voter so turned off that we get the percent of involvement we do. you can think we think you're crazy to pursue these things, but we the average voter dont think see it like you thats involved in the crank side of politics. i protect myself just fine.

HOOSIERS FOR FAIR TAX said...

Gotta agree with MissouriDemocrat. This does turn off voters.

Bart Lies said...

Wonder if artfuggins was 'appalled' by Bart Peterson attempting to 'buy' his re-election? Or maybe I'm missing a subtlety in doing so with OPM instead of one's own?

Bart Lies said...

Changing the subject, Andre Carson has now broken his 'I will not miss any votes' vow FOR THE SECOND TIME:

http://projects.washingtonpost.com/congress/members/c001072/votes/missed/

It took 6 weeks for the first one but just two more days for the 2nd one.

And he says he wants 'change.' What's he's showing instead is 'same old, same old.'