Federal Election Commission Main Page
FEDERAL ELECTION COMMISSION
Washington, DC 20463
January 26, 2007
Peter J. Wirs
Chairman
59th Republican Ward Executive Committee
6145 Germantown Avenue
Philadelphia, PA 19144-2147
RE: Advisory Opinion Request 2006-28
Dear Mr. Wirs:
We have received your e-mail dated January 17, 2007,
concerning your advisory opinion request as to whether the
59th Republican Ward Executive Committee is "affiliated"
with the Pennsylvania Republican State Committee ("State
Committee") and the Philadelphia Republican City Committee
("City Committee") under the Federal Election Campaign Act
(the "Act") and Commission regulations.
Your request asks the Commission to make a
determination based on the activities of the State Committee
and the City Committee, which are not requesting parties.
Commission regulations require that a request for an
advisory opinion concern only the activities of the
requesting party or parties. See 11 CFR 112.1(b). Requests
regarding the activities of third parties do not qualify as
advisory opinion requests. Id.
In a telephone conversation on October 10, 2006, we
asked you to confirm that the State Committee and City
Committee either join in, or consent to, your request. In
an e-mail dated October 18, 2006, you indicated that you
would provide the requested information after the 2006
general election, and asked the Commission to postpone
consideration of your request until that time. However,
your e-mail dated January 17, 2007, indicates that you will
not provide the requested information.
In addition, you previously indicated that the 59th
Republican Ward Executive Committee intended to collect
Federal contributions as part of a 2006 Oktoberfest
fundraising event and to engage in certain activities
concerning the 2006 general election. Commission
regulations require that a request for an advisory opinion
concern a specific transaction or activity that "the
requesting person plans to undertake or is presently
undertaking and intends to undertake in the future." 11 CFR
112.1(b). Requests concerning predominantly or exclusively
past action do not qualify for advisory opinions. The
Oktoberfest event was scheduled for October 2006 and the
2006 general election occurred on November 7, 2006. Thus,
the specific transaction or activity contemplated by your
request is now past action.
Because your request concerns the activities of third
parties and past action, it no longer qualifies as an
advisory opinion request. See 11 CFR 112.1(b).
Accordingly, we are unable to provide you with an advisory
opinion in response to your request and are closing our
files on this matter. If you have any questions concerning
the application of the Act and Commission regulations to any
ongoing or future action by the 59th Republican Ward
Executive Committee, you may submit a new request for an
advisory opinion.
Sincerely,
(signed)
Rosemary C. Smith
Associate General Counsel