>> This file contains archived live captions of the open meeting of the Federal Election Commission held on February 25, 2016.  This file is not a transcript of the meeting, and it has not been reviewed for accuracy or approved by the Federal Election Commission.






>> The open meeting of the Federal Election Commission for Thursday, February 25th, 2016 will come to order. First item that we have on the agenda is continuing our discussion of draft advisory opinion 2015-16, submitted on behalf of Niger Innis for Congress. We have Dan Backer, who is counsel for Mr. Innis, and if you'd like to take a seat at the table here. Are there any updates?
>> Since the last meeting, the Commission received one comment on draft B from the requester. The only update I've got.
>> Thank you for that update. Are there any questions for council or any discussion? If there's no discussion, are we ready for a motion? Vice Chairman.
>> I move approval of agenda document number 1607-B, which is draft B, except for the response to question two.
>> All right, we have a motion on the table. Is there any discussion on the motion? If none, all those in favor, indicate by saying I. Those opposed? Madam Secretary, the motion passes by a vote of five to one, with Commissioners Ravel, Weintraub, Hunter, the Vice Chairman, and myself in favor, and Commissioner Goodman opposed.
>> I move approval of the response to question two in agenda document number 1604-A of draft A.
>> We have a motion on the table. Any discussion on that motion? If none, all those in favor, indicate by saying I. Those opposed, no. Madam Secretary, that motion fails by a vote of three to three.
>> Just for clarification, the agenda documents are 1607-A on the second motion.
>> Yes, that's correct. Do we have another motion? Commissioner Hunter?
>> Thank you. An advisory opinion request 2015-6, I move approval of the response to question two in agenda document 16-07-B.
>> All right.
>> Excuse me? Inquiry.
>> Commissioner Goodman?
>> Question two in draft B.
>> Oh, draft B. Thank you.
>> All right, we have a motion on the table. Is there any discussion on the motion? If none, all those in favor, indicate by saying I. Those opposed, no. Madam Secretary, that motion fails by a vote of three to three. Mr. Nodi, we will instruct OCG to send the appropriate answer, indicating the Commission was able to answer question one, but not question two.
>> That's all we need.
>> Commissioner Goodman?
>> Just a comment, Mr. Backer. The answer that you're getting, which is that you, it leaves you, effectively, in a regularatory no man's land.
>> Yes, it does.
>> And, um, I have written on this issue, it's on the Commission's website in an LRA matter involving Canter for Congress, you might want to pay some heed to that, you've been left in regulatory no man's land. I don't know if you've contacted Ms. Cuchona about your termination options, but it seems like your only option at this point is to terminate your committee and do the best you can with the legal guidance that you have been given, or not been given.
>> Vice Chairman?
>> I read from the last transcript that you indicate we continue to have reporting obligation.
>> Yes.
>> You only have $57 in the account?
>> Well, no, we still have the other funds that are physically in the account.
>> It only shows --
>> The checks, we haven't canceled them. They're physically still in the account.
>> So you don't show it in the report?
>> Right, we haven't canceled those checks. We're going to have to consider whether we cancel them and make the appropriate reporting and go forward from there.
>> Thanks.
>> Is there anything further from the Office of General Council? All right, thank you.
>> Thank you.
>> That is the only subsuative item we have on the agenda today. Any other matters we need to discuss?
>> There are no such matters.
>> This meeting is now adjourned. Let's take about a 15-minute break, just to allow people to get their other books, and we'll continue the executive session from Tuesday in 15 minutes.