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Case	Date issued	This opinion is cited by these later opinions	Summary and documents
AO 2025-01 Sherrill	Withdrawn	This advisory opinion is not cited by other advisory opinions	Contributions from authorized committee and leadership PAC to political committees that may accept unlimited contributions and spend funds in connection with an election. AO Request, Supplemental Material, and Extensions of Time Request by U.S. Representative Mikie Sherrill (Comments due by January 31, 2025) …BACKGROUND In 2002, Congress enacted and the President signed the Bipartisan Campaign Reform Act (“BCRA… …BCRA provides that any entity “directly or indirectly established, financed, maintained, or controlled… …These matters involved a regulation that pre-dated BCRA butbecame the basis of the “financing” regulation… …under BCRA.9•The Commission concluded that contributions that comprise 60% or more of an entity’sfunding… Comment on AOR 2025-01 by Campaign Legal Center …established financed, maintained or controlled” an entity under the Bipartisan Campaign Reform Act (“BCRA… …committee or leadership PAC to a ‘soft-money’ entity does not trigger the so-called ‘soft-money ban’” in BCRA… …On top of the fact that an advisory opinion cannot revise the Commission’s established reading of BCRA… …IFS Comment at 4. 7Under BCRA, an entity “directly or indirectly established, financed, maintained, or… …organizations while avoiding BCRA’s soft money restrictions—when crafting its regulations implementing BCRA… Withdrawal of Request Withdrawal of AOR 2025-01 by Representative Mikie Sherrill …Sherrill believes that the Federal Election Campaign Act (“FECA”) and the Bipartisan Campaign Reform Act (“BCRA…
AO 2024-11 Caroline Gleich	08/29/2024	This advisory opinion is not cited by other advisory opinions	Calculating candidate salary payments and commercial transactions safe harbor for coordinated communications Comments and Ex parte Communications Comment on Advisory Opinion Request 2024-11 by Campaign Legal Center …usher in the type of coordinated soft-money communications that the Bipartisan Campaign Reform Act (“BCRA… …into a loophole allowing corporations to inject soft money into elections using the very tactics that BCRA—which… …candidate-influencer ads in close temporal proximity to elections would invite the very harms that BCRA…
AO 2024-05 Nevadans for Reproductive Freedom	05/01/2024	This advisory opinion is not cited by other advisory opinions	Federal candidates and officeholders soliciting funds for state ballot measure committee. Comments and Ex parte Communications Comment on Draft AO 2024-05, Agenda Document No. 24-17-A by NRSC …regard to amount limitations or source restrictions” of the Bipartisan Campaign Reform Act of 2002 (“BCRA… Comment on Draft AO 2024-05, Agenda Document No. 24-17-A by Campaign Legal Center …the anticorruption objectives underlying Congress’s enactment of the Bipartisan Campaign Reform Act (“BCRA… …solicitations for 501(c) nonprofit organizations: Section 30125(e)(4), which was also enacted as part of BCRA… …Draft A’s conclusion would also undermine Congress’s basic legislative purposes in enacting BCRA.… …As the record demonstrates, even before the passage of BCRA, federal candidates and officeholders had… …In Advisory Opinion 2010-07 (YES on Fair), three Commissioners explained that, without BCRA, federal… Comment on Advisory Opinion Request 2024-05 by Institute for Free Speech …Berman/Doolittle) held that the soft money restrictions in the Bipartisan Campaign Finance Reform Act (“BCRA… …noted, Representative Pelosi weighed in on this request to express her belief that the drafters of BCRA… …effectively superseded by Advisory Opinion 2005-07—the opinion on which Representative Pelosi opined that BCRA… AO Request, Supplemental Material, and Extensions of Time Supplemental Material from Nevadans for Reproductive Freedom …The Bipartisan Campaign Finance Reform Act of 2002 (“BCRA”) prohibits, among other things, federal candidates… …applies “in connection with any election to any political office.”4According to the Commission, in BCRA… …To the contrary, Members of Congress who voted for BCRA expressed their view that BCRA does not apply… …Commission acknowledged that “there has been no intervening change in the law”—including the enactment of BCRA… Request by Nevadans for Reproductive Freedom (Comments due by March 15, 2024) …The Act, as amended by the Bipartisan Campaign Reform Act (“BCRA”), provides that a federal candidate… …Requestors are not aware of any legislative history surrounding the passage of BCRA that indicates an… …In fact, Members of Congress who voted for BCRA 752 U.S.C. § 30101(1). 811 C.F.R. § 100.2(a). 9McIntyre… …Certification (Sept. 30, 2021) AOR0045contacted the Commission in 2005 to express their opinion that BCRA… …no intervening change in the law—including enactment of the Bipartisan Campaign Reform Act of 2002 (“BCRA…
AO 2024-02 Waters	02/15/2024	This advisory opinion is not cited by other advisory opinions	Reimbursement of federal committee by non-federal candidates and committees for pro rata share of brochure. Comments and Ex parte Communications Comments on Draft AO 2024-02, Agenda Documents Nos. 24-06-A and 24-06-B, by Neil Reiff …they stem from my keen interest in Commission actions related the Bipartisan Campaign Reform Act (“BCRA… …desired normative conclusion, I believe there is a highly plausible alternative legal approach to the BCRA… …Draft B identifies a separate provision of the BCRA that could be applicable to the activity described… …Specifically, the BCRA requires that the payment by a state or local candidate that disseminates a “public… …these are questions that the Commission has not (to my knowledge) addressed since the passage of the BCRA… Comment on Draft C by Campaign Legal Center …fundamentally undermine the statutory framework established by the Bipartisan Campaign Reform Act (“BCRA… Commissioner Statements Commissioner Statement (Vice Chair Ellen L. Weintraub and Commissioner Shana M. Broussard) …and because our colleagues’ draft fails to engage with the statutory language passed by Congress in BCRA…
AO 2024-01 Texas Majority PAC	03/20/2024	This advisory opinion is not cited by other advisory opinions	Whether the literature and scripts produced for a paid canvass are public communications and/or coordinated communications; whether data that arises from a paid canvass and is provided to a federal candidate or party committee at less than fair market value is a contribution. Comments and Ex parte Communications Comment on Draft AO 2024-01, Agenda Document Nos. 24-08-A and 24-08-B by NRSC …Similarly, the “fundamental purpose” of enacting the Bipartisan Campaign Reform Act of 2002 (“BCRA”)… …prohibiting soft money from being used in connection with federal elections.” 1And while we believe BCRA… …against soft and hard-money entities working closely together to win federal elections. 7In some ways, BCRA… Comment on Draft AO 2024-01, Agenda Document Nos. 24-08-A and 24-08-B by Texas Majority PAC …political party is “spending” soft money or “controls” an organization that is doing so (both of which BCRA… …GOTV activities without violating the soft money ban: McConnell has made clear as a matter of law that BCRA…
AO 2023-05 Alamo PAC	08/10/2023	This advisory opinion is not cited by other advisory opinions	Leadership PAC’s establishment of separate account with its own contribution limit (Commission did not reach an agreement, so no AO was issued.) Draft Documents Draft AO, Agenda Document No. 23-19-C (Comments due by August 9, 2023, at 12:00pm ET) …consistent with its thinking expressed in Advisory Opinion 2003-12: 2 The Commission determined . . . that BCRA… Draft AO, Agenda Document No. 23-19-A (Comments due by August 9, 2023, at 12:00pm ET) …consistent with its thinking expressed in Advisory Opinion 2003-12: 12 The Commission determined . . . that BCRA…
AO 2022-15 Harley Rouda for Congress	08/31/2022	This advisory opinion is not cited by other advisory opinions	Repayment of candidate loan previously converted to candidate contribution, in light of FEC v. Cruz decision Final Opinion AO 2022-15 …Cruz, Section 304 of the Bipartisan Campaign Reform Act of 2002 (“BCRA”) precluded candidates who incurred… …Cruz that Section 304 of BCRA “burdens core political speech without proper justification” in violation… Draft Documents Draft AO, Agenda Document No. 22-39-A (Comments due by August 31, 2022 at 9:00am ET) …Cruz, Section 304 of the Bipartisan Campaign Reform Act of 2002 10 (“BCRA”) precluded candidates who… …Cruz that Section 304 of 6 BCRA “burdens core political speech without proper justification” in violation…
AO 2022-12 Ready for Ron	09/28/2022	This advisory opinion is not cited by other advisory opinions	Provision of supporter names and contact information by nonconnected hybrid political committee to an individual who the committee seeks to draft to run for federal office. Comments and Ex parte Communications Comment on Draft AO, Agenda Document No. 22-36-C, by Ready for Ron …speech contingent on payment. 6 7 Third, the legislative history of the Bipartisan Campaign Reform Act (“BCRA… …. . tying doctrine . . . .”). 25 26 In the course of drafting the Bipartisan Campaign Reform Act (“BCRA… …Hoyer’s precursor to BCRA was also consistent with the Commission’s legislative 17 proposals dating back…
AO 2022-11 State Democracy Defenders PAC	08/31/2022	This advisory opinion is not cited by other advisory opinions	Solicitation of nonfederal funds by state parties and chairs. Final Opinion AO 2022-11 …The Bipartisan Campaign Reform Act of 2002 (“BCRA”) added to the Act “new restrictions and prohibitions… …solicitation, and use of certain types of non-Federal funds.”7Under the provisions of the Act added by BCRA… …election activity.12As the Commission explained when it promulgated this regulation, the main purpose of BCRA… Draft Documents Draft AO, Agenda Document No. 22-43-A (Comments due by August 30, 2022 by 12:00pm ET) …. § 100.5. 10 The Bipartisan Campaign Reform Act of 2002 (“BCRA”) added to the Act “new 11 restrictions… …solicitation, and use of certain types of non-Federal 12 funds.”7Under the provisions of the Act added by BCRA… …activity.1217 As the Commission explained when it promulgated this regulation, the main purpose of 18 BCRA… AO Request, Supplemental Material, and Extensions of Time Request by State Democracy Defenders PAC …similar language in section 30125(d)(2) when it enacted the Bipartisan Campaign Reform Act in 2002 (“BCRA… …fundraise for, or donate to, State political committees ‘would be contrary to the letter and spirit of BCRA… ….’”28The cosponsors of BCRA disagreed, explaining that 11 C.F.R. § 300.37(a)(3) was consistent with the… …intent of BCRA so long as the entity does not make expenditures and disbursements in connection with… …and other commenters that this new [11 C.F.R. § 300.37(a)(3)] is consistent with the major purpose of BCRA—to…
AO 2022-06 Hispanic Leadership Trust	07/29/2022	This advisory opinion is not cited by other advisory opinions	Affiliation of non-connected committee with Congressional leadership PACs Final Opinion AO 2022-06 …indirectly establish, finance, maintain, or control,’ a term that is used in several provisions of BCRA… …The term appears in BCRA in the context of national party committees (see [52 U.S.C. § 30125]), of State… Draft Documents Draft AO (Draft C), Agenda Document No. 22-28-C (Comments due on July 28, 2022 by 9:00am ET) …indirectly establish, finance, maintain, or control,’ a term that is used in several provisions of BCRA… …The term appears in BCRA in the context of national party committees (see 2 U.S.C. 441i(a)(2) [transferred… Draft AO (Draft B), Agenda Document No. 22-28-B (Comments due on July 27, 2022 by 12:00pm ET) …indirectly establish, finance, maintain, or control,’ a term that is used in several provisions of BCRA… …The term appears in BCRA in the context of national party committees (see 2 U.S.C. 441i(a)(2) [transferred… AO Request, Supplemental Material, and Extensions of Time Request by Hispanic Leadership Trust …implements the “soft‐money solicitation” prohibitions in the “Bipartisan Campaign Reform Act of 2002” (“BCRA…
AO 2021-08 Fitzgerald	08/11/2021	This advisory opinion is not cited by other advisory opinions	Transfer of funds from state committee to leadership PAC (Commission did not reach an agreement, so no AO was issued). Draft Documents Draft AO, Agenda Document No. 21-33-B …L.107–155, 116 Stat. 81 (2002) (“BCRA”), and its 13 implementing regulations. 14 A leadership PAC is… …First, that advisory opinion was issued pre-BCRA, which, as explained above, significantly altered the… …Reg. 7 78,753, 78,755 (Dec. 26, 2002).11Accordingly, in a notable post-BCRA advisory 8 opinion, the Commission… …Before BCRA, in a number of advisory opinions 5 and compliance matters, the Commission examined leadership… …(internal citations omitted). 20 After the enactment of BCRA, the Commission promulgated new rules that… Draft AO, Agenda Document No. 21-33-A …L.107–155, 116 Stat. 81 (2002) (“BCRA”).…
AO 2021-06 Rep. Robin Kelly / Democratic Party of Illinois	07/15/2021	2022-06	Federal officeholder serving as chair of state party committee. Final Opinion AO 2021-06 …Under the Act, as amended by the Bipartisan Campaign Reform Act of 2002 (“BCRA”), a federal officeholder… …This “soft money” prohibition was one of the “central” provisions of BCRA and “designed to address Congress… Draft Documents Draft AO, Agenda Document No. 21-30-B …under Illinois law. 11 Under the Act, as amended by the Bipartisan Campaign Reform Act of 2002 12 (“BCRA… …This “soft money” prohibition 22 was one of the “central” provisions of BCRA and “designed to address… Draft AO, Agenda Document No. 21-30-C …under Illinois law. 11 Under the Act, as amended by the Bipartisan Campaign Reform Act of 2002 12 (“BCRA… …This “soft money” prohibition 22 was one of the “central” provisions of BCRA and “designed to address… Draft AO, Agenda Document No. 21-30-C1 …under Illinois law. 11 Under the Act, as amended by the Bipartisan Campaign Reform Act of 2002 12 (“BCRA… …This “soft money” prohibition 22 was one of the “central” provisions of BCRA and “designed to address… Draft AO, Agenda Document No. 21-30-A …under 14 option one. 15 Under the Act, as amended by the Bipartisan Campaign Reform Act of 2002 16 (“BCRA… …This “soft money” prohibition 26 was one of the “central” provisions of BCRA and “designed to address… AO Request, Supplemental Material, and Extensions of Time Request by Congresswoman Robin Kelly and the Democratic Party of Illinois …05, 2021Federal Election Commission May 5, 2021 Page 2 the Bipartisan Campaign Reform Act of 2002 (“BCRA… …corruption or the appearance of corruption.”12As Senator John McCain, one of the principal sponsors of BCRA… …soft money as a means of buying influence and access with Federal officeholders and candidates.”13Both BCRA… …BCRA and the Commission’s regulations also permit the receipt of a special category of funds, known as… …AOR003Federal Election Commission May 5, 2021 Page 4 BCRA and the Commission’s regulations establish…
AO 2020-03 McCutcheon for Freedom	08/10/2020	This advisory opinion is not cited by other advisory opinions	Contribution by authorized political committee of self-funded candidate to national political party committee (the Commission was without a quorum of four Commissioners, so no AO was issued). AO Request, Supplemental Material, and Extensions of Time Request by Shaun McCutcheon and McCutcheon for Freedom …FEC, 558 U.S. 310 (2010), BCRA limits the amount an individual may contribute to national political party…
AO 2019-02 Bill Nelson for Senate	03/28/2019	2024-08	Use of excess recount funds. Final Opinion 2019-02 …recount funds are neither contributions nor expenditures, under the Bipartisan Campaign Reform Act (“BCRA… …The Commission has concluded that BCRA applies to federal candidates’ recount funds because such funds… Draft Documents Draft AO, Agenda Document No. 19-10-A …recount funds are neither contributions nor expenditures, under the Bipartisan 16 Campaign Reform Act (“BCRA… …The Commission has 19 concluded that BCRA applies to federal candidates’ recount funds because such funds…
AO 2018-08 Congressman Darrell Issa	08/02/2018	This advisory opinion is not cited by other advisory opinions	Repayment of candidate's loan to principal campaign committee (Commission did not reach an agreement, so no AO was issued). Draft Documents Draft AO, Agenda Document No. 18-36-A …committee repay the candidate above the $250,000 limit imposed by the 9 Bipartisan Campaign Reform Act (“BCRA… …repay personal loans by a candidate “who incurs personal loans made after the effective date 4 of [BCRA… …] in connection with the candidate’s campaign for election.” 52 U.S.C. § 30116(j); 5 BCRA, Pub.… …No. 107-155, § 304, 116 Stat. 81, 97 (2002); see 11 C.F.R. § 116.11(b)(3) 6 (implementing BCRA); Increased… …AOR004. 13 Accordingly, the loan-repayment limit established by BCRA does not apply, and the Senate 14…
AO 2016-21 Great America PAC	01/12/2017	2017-10 2022-12	Coordinated communications former employee conduct standard. AO Request, Supplemental Material, and Extensions of Time Request by Great America PAC …The Bipartisan Campaign Reform Act (“BCRA”) repealed the FEC’s then-existing definition of “coordination… …BCRA specifies the new regulations “shall not require agreement or formal collaboration to establish… …The FEC responded to BCRA by promulgating a new coordination regulation in 2003.… …whether the candidate’s opponent would receive public funding); McConnell, 540 U.S. at 218 (invaliding BCRA…
AO 2016-16 Gary Johnson 2012	11/17/2016	2022-04	Funds a publicly financed committee may use to repay US Treasury and to pay civil penalty. AO Request, Supplemental Material, and Extensions of Time Request by Gary Johnson 2012 …may be subject under the Federal Election Campaign Act (¿FECA¿) or Bipartisan Campaign Reform Act (¿BCRA… …GJ2012 solicit and accept funds to pay any civil penalty to which it may be subject under FECA and/or BCRA… …appears funds solicited, accepted, and used exclusively to pay for civil penalties under FECA and/or BCRA… …Treasury in connection with any civil penalties arising under FECA and/or BCRA as a result of any repayment…
AO 2016-10 Parker	09/29/2016	2016-16 2020-02	U.S. citizen living abroad soliciting contributions to state and local party committees. AO Request, Supplemental Material, and Extensions of Time Request by Caroline Goodson Parker …party committees who were not sufficiently whipsawed by the Bipartisan Campaign Reform Act of 2002 (BCRA…
AO 2015-09 Senate Majority PAC and House Majority PAC	11/13/2015	2021-07	Interaction between independent-expenditure-only committees and federal candidates and prospective federal candidates. Final Opinion 2015-09 …Definition of “Agent” for BCRA Regulations on Non-Federal Funds or Soft Money and Coordinated and Independent… Comments and Ex parte Communications Comment on Agenda Document Nos. 15-57-A, 15-57-B, 15-57-C, 15-57-D, and 15-57-E by Senate Majority PAC and House Majority PAC …organization established by an individual prior to becoming a federal candidate is not subject to the BCRA… Draft Documents Draft AO, Agenda Document No. 15-57-B …Definition of “Agent” for BCRA Regulations on Non-Federal Funds or Soft Money 17 and Coordinated and… Draft AO, Agenda Document No. 15-57-C …raising non-Federal funds for other political parties or outside groups.” 20 Definition of “Agent” for BCRA… Draft AO, Agenda Document No. 15-57-A …raising non-Federal funds for other political parties or outside groups.” 6 Definition of “Agent” for BCRA… Draft AO, Agenda Document No. 15-57-E …Definition of “Agent” for BCRA Regulations on Non-Federal Funds or Soft Money 11 and Coordinated and…
AO 2014-16 Connecticut Democratic State Central Committee	Withdrawn	This advisory opinion is not cited by other advisory opinions	Withdrawn Comments and Ex parte Communications Comment on AOR by Common Cause and Common Cause Connecticut …Under the provisions of the Bipartisan Campaign Reform Act (BCRA). a state party must use Federal funds… …If FECA/BCRA does not apply, there is no occasion to determine whether FECA preempts state law which… …But the State Party's argument for the Commission to do so turns BCRA on its head.… …The soft money provisions of BCRA, including the state party provisions relating to Federal election… …Thus, for activities that were deemed to affect Federal elections, BCRA was drafted to require state… Comment on AOR by the Brennan Center for Justice …The Bipartisan Campaign Reform Act In 2002 Congress passed the Bipartisan Campaign Reform Act (BCRA… …Accordingly, BCRA creat^ the new regulatory category of FEA to cover certain state and local party… …Nevertheless, in passing BCRA, Congress also recognized the vital interest the States continue to have… …"^ In fact, BCRA permits many types of FEA, including GOTV activity, to continue being partially funded… …Congress passed the relevant provisions of BCRA to combat exactly this sort of gamesmanship.… AO Request, Supplemental Material, and Extensions of Time Request by Connecticut Democratic State Central Committee …Section 101(a) of the Bipartisan Campaign Refonn Act of 2002 ("BCRA") added new section 323(b) of… …§ 300.32(c)(4). 2 "Fecierai Flection Activity" was separately defined in Section 101(b) of the BCRA… …funds received by a state or local party committee that are regulated by Section lOl(ti) of the BCRA… …. 11 C.F.R. § 300.2(1). .5 The BCRA and Commission regulations place several restrictions on what types… …The BCRA created a regulatoiy regime whereby any public communication that refers to a non federal… Supplemental Material from Connecticut State Democratic Central Committee …The initial rules promulgated after the BCRA permitted state party committees to pay the salaries… …Federal Election Activities As part of the Bipartisan Campaign Act of 2002 ("BCRA"), Congress federalized… …advertising (not a defined term). 11 C.F.R. § 100.26. 2) Levin Activities The initial draft of the BCRA… …The final BCRA was amended to allow state and local parties to allocate the costs of four categories… …a lawsuit from reform groups that argued that the FEC's initial definition promulgated after the BCRA…