Showing posts with label Federal Election Commission. Show all posts
Showing posts with label Federal Election Commission. Show all posts

Sunday, August 3, 2014

Letter to the U.S. House Ethics Committee

The following was written on August 2nd, 2014,
as a response to a Financial Disclosure inquiry
by the U.S. House of Representatives Ethics Committee
about my 2014 candidacy for the U.S. House in Oregon's 3rd District.





The Honorable Karen L. Haas, Clerk
Office of the Clerk, U.S. House of Representatives
Legislative Resource Center
B-106 Cannon House Office Building
Washington, DC 20515-6601



Dear Madam Clerk:
     This is to notify you that I have not yet raised (either through contributions or loans from myself or others) or spent in excess of $5,000 for my campaign for the U.S. House of Representatives.
     I understand that when I do raise or spend in excess of $5,000 for my campaign, I must file a Financial Disclosure Statement with the Clerk of the House of Representatives according to the deadlines set out on pages 2 and 3 of the Financial Disclosure Instruction booklet, a copy of which has been provided to me by the Clerk.
     Additionally, I intend to request a waiver of the late filing fee, because my Campaign Committee bank account has not been opened and has not received or spent any funds, and because I did not open a bank account, receive any campaign donations, or even finish verifying my candidate and committee registration until several weeks after the FD Statement was due.

     I failed to file the Financial Disclosure Statement which was due on May 15th, 2014, but I did not do so knowingly or willingly (nor did I falsify any information), because between May 14th and May 26th, I was still in the process of verifying my candidate registration, Candidate ID Number, and the name and ID Number of my Campaign Committee, with the Federal Election Commission.
     After I filled out and mailed FEC Forms 1 and 2 (between March 24th and the 29th, the day they were postmarked), the Federal Election Commission received the forms in April. It received Form 2 (Candidacy) on April 3rd , and Form 1 (Committee) on April 23rd. However, it was not until May 14th – just one day before the Financial Disclosure Statement was due – that I confirmed with the F.E.C. (via telephone) that they had processed any of my paperwork.
     I had spent the previous month and a half checking the F.E.C. website, www.politics1.com, www.thegreenpapers.com, and other websites, to find out whether the F.E.C. had received or processed my paperwork, but I was not able to find any information. I did not discover until mid-May that the way I was supposed to verify this information was to make a phone call to the F.E.C..

     Between May 14th and June 7th, I was in the process of verifying my candidacy with the F.E.C.. Between May 14th and May 22nd, I made multiple attempts to verify that I was registered, and verify my Candidate and Committee ID Numbers. At no point during any of these three phone calls did anyone inform me that I needed to file a Financial Disclosure Statement.
     These three attempts to verify that I was registered occurred on:
  • May 14th, the day the F.E.C. told me that they had received and processed my paperwork. I did not verify either my Candidate ID Number, or find out the correct name and ID Number of my Committee. The F.E.C. did not inform me during the phone call that a Financial Disclosure Statement was due on the following day.
  • May 16th, the day the F.E.C. informed me that I was a registered candidate, and explained to me that the Committee ID I had when I ran in Wisconsin in 2012 still applied to my run in Oregon in 2014. I had not yet discovered whether the name of the Committee had changed or stayed the same. The F.E.C. did not inform me during the phone call that I had failed to file a Financial Disclosure Statement the previous day.
  • May 22nd, the day the F.E.C. told me that the name and ID Number of my Committee would not change. The F.E.C. did not inform me that I had failed to file a Financial Disclosure Statement one week prior; in fact, they told me that I would not have to file any more paperwork unless and until I file to end my committee.
     It was not until May 26th that I mailed FEC Forms 1 and 2 again, in order to make sure that both forms were filled out properly. I did this on the advice of the Elections Division of the Oregon Secretary of State's Office.

     On May 15th, the day the FD Statement was due, I had only been aware that I was a candidate for one day. I had not yet performed any of the following actions:
  • Confirmed that I had an active Campaign Committee ID Number.
  • Confirmed the name of my Campaign Committee.
  • Opened a bank account for my Campaign Committee.
  • Contributed or loaned any of my own money to any bank account.
  • Received any campaign donations.
  • Re-sent paperwork to ensure that FEC Forms 1 and 2 were correct.
  • Been informed that I had to file any paperwork until I decide to withdraw my candidacy, aside from re-submitting FEC Forms 1 and 2.

     At the time of this writing, I have still not opened a bank account for my Campaign Committee. I have neither contributed nor loaned any of my own money to any account. I have not received any campaign donations, nor have I exceeded $5,000 in donations. I have also not spent any funds.
     I would like to request a waiver of the late filing fee for the following reasons:
1) I was not able to fully confirm my candidacy – complete with Candidate and Committee names and ID Numbers – by May 15th, the date the FD Statement was due. I made attempts to verify and re-submit this information on the 16th, the 22nd, and 26th; however, I did not verify and compile all the information until June 7th.
2) Between May 14th and May 15th (the day I discovered that the F.E.C. had received and processed my information, and the date the FD Statement was due), I did not open a bank account for my Campaign Committee.
3) I have still not opened a bank account for my Campaign Committee, which has not received any donations and does not have any funds to report, nor to disburse.

     If I had been aware that the Financial Disclosure Statement was due on May 15th, I would have filed and mailed the FD Statement on May 14th. However, I most likely would not have had enough information to complete the form, because I had not yet confirmed that the name and ID Number of my Campaign Committee were accurate, nor did I do so completely until June 7th, more than three weeks after the FD Statement was due. This is why my failure to file the FD Statement was unknowing and unwilling.
     If I had been able to fill out and mail the FD Statement at the moment I discovered that I was a registered candidate (on May 14th), not only would the form have failed to arrive by the May 15th deadline, I would not have even had the time to open a bank account the next day, nor receive and/or spend any campaign funds, nor to inform anyone that I was ready to receive funds.
     As I explained, I was not yet ready to receive funds, because I did not yet know either the name or ID Number of my Campaign Committee. It was not until June 7th that I was able to verify the Candidate IDs, Committee IDs, and the name of the Campaign Committees for both the 2012 and the current 2014 race. This is because the F.E.C. had not been able to provide me with all of this information during the course of the three phone calls and the multiple correspondences by mail, so I had to find this information on the internet.
     I regret that I am unable to include a $200 check or money order, but I do not have a personal checking account, nor any campaign funds with which to do so. Please inform me as to what is the next step that I should take in this process.
Sincerely, Joseph William Kopsick
Signed, Joseph William Kopsick
State: Oregon District: 03
Date: August 4th, 2014

Daytime Telephone: 608-417-9395

Thursday, May 8, 2014

Campaign Finance Reform

The following was written in November 2013 as a response to the questionnaire for federal candidates seeking an endorsement from the Liberty Caucus of the Republican Conference (i.e., the Republican Party).

Here is the link to the original questionnaire:

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CC4QFjAA&url=http%3A%2F%2Fwi.rlc.org%2Fwp-content%2Fuploads%2F2010%2F05%2FFederal-Candidate-Questionnaire.doc&ei=u3B8UqXbBqPiiwL2ioCoDg&usg=AFQjCNHAzM58Dr-APGVchRKzOkVV0TKRyw&sig2=qStOgZ0RAgXVAbnHi2kFtw

This is my answer to Question #4.



4. B and D
   (Federal electoral campaign contributions and expenditures should be reported and publicly disclosed by state governments not financed and controlled by the Federal Election Commission, nor protected as free speech)
   The federal government has no enumerated constitutional authority to regulate campaign contributions and expenditures, so there is no constitutional precedent for campaign contributions to be (A) financed and controlled by the Federal Election Commission. This means that the right to make contributions to electoral campaigns should be (D) restricted only by state governments.
     I do not believe that campaign contributions are (C) protected free speech; I believe that campaign contribution is commercial business activity. The 1st Amendment protects the right to non-violent spoken and written self-expression, including political speech and writing, but the absolute freedom of expression is not enumerated in the 1stAmendment, so the notion that campaign contribution is political expression and therefore protected speech is invalid.
   The purpose of the free speech clause of the 1st Amendment is to prohibit the federal government from making laws which inhibit the freedom of speech and writing which are not fraudulent, treasonous, slanderous, or libelous; the 1st Amendment is designed to protect political speech. An interpretation of the 1st Amendment which protects the right to unlimited, undisclosed campaign contributions does not protect political speech.
   I would support passing a constitutional amendment which requires any entity classified as a corporate person - whether an individual, a corporation, a labor union, a governmental agency, or some other organization - to have both the freedom of trade associated with corporation status and the responsibilities associated with humanity (in addition to responsibilities to investors as the public), such as the responsibility to provide restitution for fraud, and the responsibility to be transparent about campaign donations.
   In summary, while the only solution which is currently constitutional is (D) restriction on a state-by-state basis, I would support abolishing the F.E.C., and I would propose a constitutional amendment which explicitly authorizes the federal government to restrict campaign contributions and expenditures as commercial business activity, by requiring (B) the reporting and public disclosure of federal electoral campaign contributions and expenditures.





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