FEC Commissioners Agreed That Fincher Violated Law… and Then to Dismiss Complaint

All six Federal Election Commission members endorsed a finding that U.S. Rep. Stephen Fincher’s campaign violated campaign disclosure requirements, records released today reveal, according to Bartholomew Sullivan.
But they did it in separate 3-3 votes and it takes four votes to pass a motion.
Ultimately they voted 5-1 to dismiss the complaint filed by Fincher’s Democratic opponent, state Sen. Roy Herron, in last year’s 8th Congressional District race. The commission is made up of three Democratic and three Republican members and requires a majority vote to proceed to an investigation.
Fincher’s election law lawyer Elliott S. Berke, released a statement today in response to a request from The Commercial Appeal: “Congressman Fincher and his campaign committee are pleased this matter is now closed and that the FEC, by a vote of 5-1, agreed to do so without any further action.”
Herron also released a statement: “The gospel singer did not tell the gospel truth during the campaign when he repeatedly said the Federal Election Commission had approved of what he’d done.”
Referring to the separate 3-3 findings, in which all six commissioners found Fincher’s committee violated the law, Herron added: “Instead, all six commissioners, including the three Republicans, ruled that he broke federal law. The FEC has now ruled we have a law breaker for a lawmaker.”
The inaction involved the commission’s disagreement over the consequences of the violation. It follows a recommendation by the FEC’s chief lawyers that the commission find that the Fincher committee and its treasurer, Phyllis Patterson, violated the law regarding accurate reporting of a loan when they told the FEC it came from “personal funds” when, in fact, it came from the Gates Banking and Trust Co.

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