The Stakeholder
DCCC to File FEC Complaint Against Tim Bee (AZ-08)
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The DCCC announced today that it is filing a complaint with the Federal Election Commission (FEC) against Tim Bee, the Republican Congressional candidate in AZ-08, and a group, reportedly called the "Education Finance Reform Group." Bee illegally benefited when the group ran a television ad on his behalf.
The Vail Education Association president Richard Connet, who appears in the ad, acknowledged that all of the participants in the ad "knew it was going to be used … for [Bee's] run against [Democratic congressional candidate Gabrielle] Giffords." [Daniel Scarpinato, Tax Dollars Fund 30-Second TV Spot Lauding Bee, Arizona Daily Star, April 8, 2008] Tim Bee also appeared in the ad.
This isn't the first time Bee came under fire, earlier in the campaign Bee was criticized for refusing to abide by Arizona's resign to run law.
The text of the complaint follows:
April 8, 2008
Thomasenia Duncan, Esq.
General Counsel
Federal Election Commission
999 E Street, N.W.
Washington, D.C. 20463
Re: Complaint against Unnamed Organization and Tim Bee for Congress
Dear Ms. Duncan,
I write this letter to file a complaint pursuant to 2 U.S.C. §
437g(a)(1) against Tim Bee for Congress and an unnamed organization
that is running television advertisements in Arizona that expressly
advocate the election of Tim Bee to the United States Congress. The
facts indicate that the unnamed organization is operating in complete
contravention of federal campaign finance laws – it has paid for an ad
on his behalf that advocates his election, yet failed to register and
report as a political committee with the Federal Election Commission
and failed to include the required disclaimer on its broadcast
advertisements. In addition, by accepting an in-kind contribution from
the unnamed organization, Tim Bee for Congress has accepted corporate
contributions that are expressly prohibited under federal law. The
Commission should immediately investigate these violations.
On or before March 28, 2008, an unnamed organization [1] began to
air a television advertisement that expressly advocates the election of
Tim Bee on selected cable stations in the state of Arizona.
The transcript of the television advertisement is as follows:
Thank you, Senator Bee. Senator Bee, I would like to thank you as a parent for your continued support of education. Thank you Senator Bee for supporting students in southern Arizona. Senate Bill 1488, sponsored by Senate President Tim Bee, will level the playing field so that all teachers in southern Arizona will receive greater pay for performance. The Tucson Citizen stated "Bee's bill, supported by school districts, parents, teachers, and advocates of education, would allow all districts to participate." Tim Bee: Fighting for fairness for southern Arizona. Thank you, Senator Bee.
Arizona State Senate President Tim Bee is the Republican nominee for
the 8th Congressional District in the state of Arizona. The Senate
Bill referenced in the advertisement has been passed by the Arizona
Senate. Richard Connet, president of the Vail Education Association,
appears in the advertisement to thank Senator Bee for supporting
students in southern Arizona. In a news article, Connet acknowledged
that all of the participants in the advertisement "knew it was going to
be used … for [Bee's] run against [Democratic congressional candidate
Gabrielle] Giffords." See Daniel Scarpinato, Tax Dollars Fund
30-Second TV Spot Lauding Bee, Ariz. Daily Star, April 8, 2008.
The advertisement includes footage of Senator Bee on the Arizona Senate
floor, as well as footage of Senator Bee conversing with constituents.
At the end of the advertisement, Senator Bee's image appears on the
screen with the written statement, "Tim Bee. Senate Bill 1488.
Fighting for southern Arizona." There is no written or audio
disclaimer at any point during the advertisement. The advertisement
ran across the 8th Congressional district, but far beyond Senator Bee's
current state legislative district.
A. The Television Advertisement Expressly Advocates Bee's Election
The ad expressly advocates Tim Bee's election, and is a contribution to
him. The Commission's regulations define "expressly advocating" to
include communications that "[w]hen taken as a whole and with limited
reference to external events, such as the proximity to the election,
could only be interpreted by a reasonable person as containing advocacy
of the election or defeat of one or more clearly identified
candidate." 11 C.F.R. § 100.22(b).
A reasonable person cannot possibly interpret this ad to be anything
other than express advocacy. Airing in the midst of a heated campaign
for United States Congress, and airing across the Congressional
district and beyond a state senator's current legislative district, it
purports to "thank" a federal candidate for his involvement with a
state bill that has already passed the Arizona Senate. Indeed, the
slogan at the end, "Tim Bee: Fighting for fairness for southern
Arizona," is very similar to the slogan, "Rick Renzi/Improving the
Quality of Life in Arizona," that the Commission found to be express
advocacy in MURs 5577 and 5620. The only reasonable interpretation is
that the advertisement advocates the election of Tim Bee.
B. Tim Bee for Congress Accepted Illegal and Excessive Corporate Contribution
Federal election law prohibits candidates and candidate committees from
accepting corporate contributions of any amount in connection with any
election to federal office. 2 U.S.C. § 441b(a); 11 C.F.R. § 114.2. In
addition, other persons are prohibited from contributing more than
$2,300 per election to federal candidates. 2 U.S.C. § 441a(a)(1). On
information and belief, the unnamed organization that paid for the
television advertisement is a corporation. On information and belief,
the value of the communication is in excess of $2,300. [2] By
definition, a coordinated communication is in-kind contribution. See
11 C.F.R. § 109.21(b).
This ad is plainly a contribution to Bee. The circumstances
surrounding the ad show no effort to limit his involvement in it.
Moreover, the facts tend to show that the ad was prepared for the
purpose of aiding his campaign. Accordingly, Bee and his campaign
received an illegal corporate and excessive contribution.
C. Unnamed Organization Failed to File with the Commission
Groups of persons who make expenditures in excess of $1,000 in a
calendar year are required to register with and report to the
Commission as political committees. See 2 U.S.C. § 431(4)(A). On
information and belief, the unnamed organization has spent more than
$16,000 on efforts to influence the upcoming Federal election in 8th
Congressional District in the state of Arizona. By paying for a
coordinated communication, the unnamed organization has made an in-kind
contribution to Tim Bee for Congress and appears to have as its major
purpose the nomination or election of candidates for Federal office.
The unnamed organization is nothing more or less than a political
committee under federal law, and must obey the reporting requirements
of a political committee.
D. Television Advertisement Does Not Have Required Disclaimers
A communication that is paid for by a political committee and not
authorized by a candidate must "clearly state the name and permanent
street address, telephone number or World Wide Web address of the
person who paid for the communication and state that the communication
is not authorized" by the candidate. 2 U.S.C. § 441d(a)(3); 11 C.F.R.
§ 110.11(b)(3). In addition, a television advertisement that is not
authorized by the candidate must include the following audio statement:
"_________ is responsible for the content of this advertising." 2
U.S.C. § 441d(d)(2); 11 C.F.R. § 110.11(c)(4). Separate requirements
apply if the candidate indeed authorized the ad.
The television advertisement paid for by the unnamed organization fails
to meet the disclaimer requirements. The advertisement does not
identify the organization that paid for the advertisement, does not
include a street address, phone number, or internet address for the
organization paying for the advertisement, and does not state whether
the advertisement was authorized by the candidate. Furthermore, the
advertisement does not include an audio statement that the unnamed
organization is responsible for the content of the advertising. These
are clear violations of federal election law.
For the foregoing reasons, we demand that the Commission investigate
immediately the violations presented herein. We request that Tim Bee
for Congress and the unnamed organization be enjoined from further
violations, and be fined the maximum amount permitted by law.
Sincerely,
________________________
SUBSCRIBED AND SWORN to before me this _____ day of _____________, 2008.
_______________________________________
Notary Public
My Commission Expires:
____________________________________
[1] Published news accounts have alleged that the organization paying
for the ad is a lobbying group called the "Education Finance Reform
Group." See Daniel Scarpinato, Tax Dollars Fund 30-Second TV Spot
Lauding Bee, Ariz. Daily Star, April 8, 2008.
[2] News accounts alleged that the payor spent $16,000 on the communication. See Scarpinato, supra note 1.
