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Arizona: GOP accuses Dem candidate of reporting contributions too early

The Arizona Republic reports: The Arizona Republican Party has accused Democrat Bob Lord of violating fundraising laws in a complaint to the Federal Election Commission.

The complaint was filed last week and became public earlier this week.

Lord, an attorney, is challenging seven-term Congressman John Shadegg in Congressional District 3. Lord has raised more than $1 million, far more than any previous Shadegg opponent.

Randy Pullen, chairman of the Arizona Republicans, said in a letter to the commission that Lord apparently counted donations received after the June 30 reporting deadline as part of the funds raised by the deadline. Pullen said that violates the law. -- The rules of reporting funds at issue in Shadegg-Lord race


Is there any doubt that this complaint is frivolous? The issue is whether contributions that were postmarked before the filing cutoff, but received after that date, can be reported as received in the filing period. Seems to me that the FEC regulations require that campaigns treat these contributions exactly as the Lord campaign did. 11 CFR section 110.1(b)(6) provides as follows:

"For the purposes of this section, a contribution shall be
considered to be made when the contributor relinquishes control over the
contribution. A contributor shall be considered to relinquish control
over the contribution when it is delivered by the contributor to the
candidate, to the political committee, or to an agent of the political
committee. A contribution that is mailed to the candidate, or to the
political committee or to an agent of the political committee, shall be
considered to be made on the date of the postmark.
See 11 CFR
110.1(1)(4). An in-kind contribution shall be considered to be made on
the date that the goods or services are provided by the contributor."

What am I missing?

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