This file contains archived live captions of the open meeting of the Federal Election Commission held on September 20, 2017. This file is not a transcript of the meeting, and it has not been reviewed for accuracy or approved by the Federal Election Commission. >> This will open the open meeting of the Federal Election Commission for Thursday, September 12, 2017. This morning we only have one item on the agenda and that's Agenda Item A0217-18 Citizens against Plutocracy. On the telephone we have Mr. Victor Tiffany, who is the requester for this advisory opinion. We have one document that we need to add to the agenda, and I ask the vice chair to make that motion. >> Thank you. I move to suspend the rules on the timely submission on agenda document so we can consider 37-B-B of advisory opinion citizens against plutocracy. >> Thank you. In favor? >> Aye. >> Opposed? None. The motion is adopted. Mr. Tiffany, thank you, we recognize that you had to take time off and it was an inconvenience in many respects to wait for us. But we're glad you can join us. >> Thank you for this special hearing for us. >> We're glad to do it. Sorry it took longer. But I can tell you the amount of time it took to work through a couple issues got a good result. Let's see. I think we don't need to have much in the way of an introduction on the issue. But if the general council would like to quickly get us started, that would be fine. >> Thank you, Chairman Walther. Good morning, commissioners. Draft advisory opinions responding to a request from citizens against plutocracy. A contract for American renewal, whether it would result in a coordinated opinion. This matter was held over. Both drafts conclude that the requester's proposal to ask candidates to sign a contract would not result in a coordinated communication. We did not receive any comments on the request or either draft. Thank you. I would be happy to address any questions that you may have. >> Thank you very much. Are there any questions? There are none. Any conversation to be made? >> Thank you, Mr. Chair. And thank you, Mr. Tiffany for your patience. We spent a good deal of the morning talking about the differences between draft A and draft B. And I think we came up with an opinion to get the requisite four votes to give you an answer, harmonizing draft A and draft B together. At the appropriate time, if there is no discussion, I will read through a couple amendments to draft A and then move draft A amended at the appropriate time. >> Any discussion? Or ready for a motion? It sounds like we're ready for a motion. >> Thank you. Therefore I move agenda document -- otherwise known as draft A with the following amendments. The first one is deleting footnote one on page two of draft A and substituting it with footnote one of draft B. And I will read that footnote. I should say it's most of draft, most of footnote one from draft B. There is one part that's been deleted. So the part that's going to be moved into draft A is the following. The committee also asks about the per misability of the activities of the quote movement activists who would quote follow in the committee's footsteps, citation to AOR page 2. To the extent that the activist activities are indistinguishable in all material aspects from the activity with the respect to which this advisory opinion is rendered, they may rely on the commission's conclusions in this advisory opinion. C52 C30108CB. That's the First Amendment. The second one is on page 4, starting online 9. Delete the see also cite, starting line 9 and going through most of line 12. That cite, it was just based on an outdated ENJ. So it's not being removed for the substance. It's just something that has been overtaken by events. So it's deleted. And the third change that I have, and I believe Commissioner Weintraub has one that she'll discuss in a minute is to delete footnote two from draft A and replace it with the following,s which is a direct quote from one of the commission's regulations. And I'll tell you the regulation before I read it. 11C09C1F. The language to be inserted is that quote a candidate's response to an inquiry about that candidate's position on legislative or policy issues, but not including a discussion of campaign plans, activities, or needs, does not satisfy any of the conduct standards in 11CFR102.91D with a cite to 11CFR209.1F. Those are the only amendments that I have. >> Thank you. Commissioner Weintraub. >> Thank you, Mr. Chair. I have a couple of edits which I would hope to be incorporate into the Vice Chair's motion. The first one is on page 4. Delete the sentence that starts on line 16, moreover through the word "test" on 19. 16 to 19. That whole sentence. Which I wanted to do for different reasons, but in light of the fact that we are now citing to the regulation on the conduct prong, it makes a lot more sense not to have that sentence in there for both of our purposes. And also, on page 3, line 14, insert at the beginning of the sentence that starts at the end of that line under the regulations. So that the sentence would read under the regulations a communication must satisfy all prongs to be deemed a coordinated communication. >> Thank you. Are there any other changes? Any discussion? If not,s ready for a motion? >> I think we got the motion squared away. I made the motion. I'm sorry. I made the motion with the three changes and Ellen added to the motion two additional changes. >> Yes, which I assume you are viewing as a friendly amendment. >> Yes. Yes, I do. >> So we're ready to vote for the motion? >> Yes. >> All in favor? >> Aye. >> Aye. >> Opposed? I'm going to abstain. I feel like I'm closing my own mind on this. But it happened a little too fast for me. So I'm going to make an abstention on this vote. Thank you, all. The motion passes. And thank you very much for your patience and you're free to go forth with our guidance, Mr. Tiffany. >> Okay. I will have the final document then e-mailed to me so I know exactly what it says, I assume? >> Thank you. Anything further? >> Yes. >> You'll get a document shortly. >> Yeah, okay. >> Mr. Tiffany, the answer was yes. >> Okay. That was a question. Thank you. >> Thank you. Are there any management or administrative matters? >> Mr. Chairman, there are no such matters. >> Okay, this open session is closed.