This file contains archived live captions of the open meeting of the Federal Election Commission held on July 28, 2022. This file is not a transcript of the meeting, and it has not been reviewed for accuracy or approved by the Federal Election Commission.



Good morning.  The open meeting of the federal  election committee for the 28th  of July, 2022, will come to order.  We have some late to submit documents.  Mr. Vice Chair?  

A move to suspend the rules for the timely submission of the  agenda documents in order that the  commission may consider the late  submission of agenda document 22-28-C  and 22-24-A  .  

Thank  you very much, sir. Is there any  discussion to the motion? All in  favor?  

Aye .  

The motion is carried unanimously. Thank you, the first matter on  our agenda is a holdover of draft  advisory opinion 2022-06. Mr. Wang  is here as counsel  . Since  we last spoke, Draft C   has been publicly circulated, and  we have received comments on Draft  B  that I hope everyone had a chance  to review. Any questions of the  general counsel for the Council ?  

 Mr. Trainor .  

Mr. Wang,  thank you for joining us today.  I really appreciate your comments  on the draft that we have. I was  wondering if you had an opportunity to review Draft C , and if you had any comments in regards to  it and some of the comments that  you made on Draft A ?  

Yes, thank you Commisioner Trainor  . Commissioners, thank you. First  of all, I wanted to thank the commission  as well as OPC for the  time  and permission they have given  to our request. I realize there  are a lot of moving parts given  the corporate government structures  that were presented. I think that  speaks to what Chief Justice Roberts  noted in our WRPL opinion , the open  ended rough-and-tumble that we have seen in some of the  commission's rules. And we certainly  see that here in the item C and affiliation rules.  That is what I think is so complex,  and I think people have come before the  commission to request permission  before they can do something. We  did have a chance to review draft  see. We did not submit comments  on Draft C , because of  the conclusion in Draft C. With  respect to the other draft,  Draft  A,  I got the sense that there was  not a whole lot of commission support  for Draft A . And we submitted our  written comments for why Draft A is incorrect. Draft B is  also incorrect  , for reasons we noted in our written  comments, as well as the written  comments submitted by the correctional  Black Caucus act, as well as the  cold PAC.  There is simply  no rationale or basis for the  conclusion in Draft B ,  that a majority of our client Board  of Directors would have to consist  of members who are  not federal officeholders or candidates . Draft C,  
     we believe reaches the correct conclusion.  It is consistent with the commission  president that we cited, and are  comments on Draft B ,  specifically on AO-1984-36 , American  health capital.  Both  Draft C  and the prior commission  president that we cited stand for  the proposition that when individuals or organizations  control less than 50% of an entity's Board of Directors, that would not  constitute control for purposes  of the commissions FMC  . That is why I believe  Draft C  requires there be a minimum or a quorum 
     of an appointed Board of Directors,  consisted of three members, so that  no individual member has more  than 33%,  or a quorum of two , that each board member would have  50% control, and that would be  control over the commissions precedents . The conclusion of Draft C  I believed  is select. The only quibble I  have with Draft C   is its citations and the analysis  to that conclusion. It cites  AO-221-6 , the  -- Ayo, as well as Black's Law Dictionary  , or the corporate  control proposition. I  just believe that there are better  commission precedents to site for  that, including 
     AO-1984-36,  as well as,  AO-1987-34 ,  the  -- AO,  as well as AO-1979-56 , the Scott PAC  AO.  Both of which have conclusion from  the Black's Law Dictionary , the  controlled debts act. Although there is a slight variance  in the commissions precedents with  Black's Law Dictionary.  If the  commission could adopt a conclusion in Draft C,  I think we would consider that  a win. Thank you  

Thank you very much, counsel. Any further questions? Call for motion? Commissioner Cooksey .  

Thank you, Mr. Chairman. With respect to  advisory opinion 2022-06, Hispanic leadership trust,  I move approval of agenda  document number  22-28-C , I believed,  which is Draft C.  
     

Thank you, Commissioner. Discussion  to the motion? Let me  just say, Mr. Wang, too, something  that you said .  This matter involves an especially difficult regulation, even by the standards of this agency.  And I appreciate your citation of  the Chief Justice. I hope that in time, the best citations  will not be AO's from the 70s and  80s,  but will instead be a clearer  regulation. I hope to live to see  that day. Further discussion? All in favor of the motion?  

Aye .  

Opposed?  

Know.  

Motion passes with five  in favor. The Vice Chair,  Mr. Buckley, Commissioner Cooksey,  six, and myself.  And with  one opposed, Commissioner Weintraub.  Thank you very much . Mr. Wayne, thank you very much  for your kind words for our colleagues, we thank you for your time and  attention to our various questions  in this matter.  

Thank you.  

Leisure seeing you. The  next matter on our agenda is draft  advisory opinion 2022-10 . Mr. Buckley, the office of the  General Counsel,  and Mr. Lazarus, on behalf of the  requester.  

Thank you, Mr. Chairman.  Good  morning, commissioners. Agenda 22-34-A  is a draft response  to an advisory opinion request  submitted by Platform Venture Studio,  Inc. , doing business as,  Sprinkle.  The  requester asks whether it's proposed  web-based contribution platform  will result in prohibiting contributions  by a sprinkle, and whether sprinkles  proposed used of commission data  to supplement its services to contribute  is permissible. The draft concludes  that consistent with prior advisory  opinions, sprinkled services will  not result in -- contributions by  sprinkled to any candidate. The  draft also concludes that consistent  with primary advisory  commissions, sprinkles  permission data is permissible. The commission did not receive  any comments on the request, and  one comment on the draft. I'd be happy to answer any questions  that you have.  

Thank you very much. Any questions  for the office of the General Counsel? Is there  any discussion? Any motions? Mr.  Cooksey ?  

Thank you, Mr. Chairman. With  respect to draft advisory opinion  2022-10,  Sprinkle,  I  move approval of the agenda document  number 22-34-A , which is draft A .  

Thank you, Commissioner. Any  discussion? . Let me just say for the record,  I will not be voting in the motion .  The requested activity would not  lead to prohibited  contribution of [ Indiscernible  ] my statement of Dash 01 . The statutory prohibition against  use for any commercial purposes,  and for that reason I will not vote yes. All  in favor of the motion?  

Aye .  

Opposed . No. Mr. Vice Chair,  I'm afraid I missed your post.  >> Aye.  

Thank you very much, sir.  The  motion passes with five in favor, Commissioner Cooksey, Commisioner  Trainor, Vice Chair ,  Commissioner  Weintraub ,six  , and one opposed, myself. Thank  you, counsel. 
 
     

EXECUTIVE  COMMITTEE A-1-23. 
     

THANK YOU. GOOD MORNING MR. CHAIRMAN  AND COMMISSIONERS. 
     THE COMMITTEE WAS RESUBMITTED ON  MAY 25, 2022.  IT PROVIDES THE RECOMMENDATION FOR FIVE FINDINGS  OUTLINED IN THE DRAFT FINAL  AUDIT  REPORT. RECEIVING CONTRIBUTIONS IN EXCESS  OF THE LIMIT. FINDING THREE RECORD-KEEPING  FOR EMPLOYEES. EXCESSIVE COORDINATED  PARTY EXPENDITURES. AND FAILURE  TO FOLLOW A  24-HOUR REPORT. WE ARE AVAILABLE  TO ANSWER ANY QUESTIONS THAT YOU  MIGHT HAVE. 
     

CONSISTENT WITH THE MATERIALS  THAT WE  HAVE ACCEPTED. I WILL NOT  BE ABLE TO SUPPORT FINDING FOUR.  OTHERWISE THE BOARD MOVES TO APPROVE  ALL THE  OTHER AUDITS.  

THANK YOU COMMISSIONER. FURTHER  DISCUSSION QUESTIONS?  ANY MOTIONS?  

I HAVE  A QUESTION. I WAS UNDER THE IMPRESSION  THAT PERHAPS THERE WERE  SOME RECOMMENDATIONS. 
     

I APPRECIATE THAT.  

THANK YOU  MR. CHAIRMAN.  IN THE RECOMMENDATION MEMORANDUM  ON KENTUCKY STATES DEMOCRATIC CENTRAL  EXECUTIVE COMMITTEE A  19-13. I WOULD'VE MOVED THE FINDINGS  BE APPROVED  ON FINDINGS ONE AND THREE. THANK  YOU SIR. 
     

MOTIONS CARRIED  UNANIMOUSLY.  

IN THAT CASE  WITH RESPECT TO THE RECOMMENDATION  MEMORANDUM ON THE AUDIT DIVISION  OF THE AUDIT DIVISION ON THE  KENTUCKY STATE DEMOCRATIC EXECUTIVE  STATE COMMITTEE I MOVE APPROVAL  OF FINDINGS -- WE DID TWO  AND FIVE.  I REMOVE APPROVALS OF FINDINGS, NOW I AM  CONFUSED. TWO AND FIVE. WE DID ONE  AND THREE AND THIS IS TWO AND FIVE.  

THANK YOU COMMISSION. THE DISCUSSION  OF THE MOTION? ALL IN FAVOR?  

AYE   

OPPOSED?  MOTION FILLS.  THREE OPPOSED. IT WOULD REQUIRE  A RECORD  FINDING FOUR. 
     

GOOD MORNING. IF THE COMMISSION  DOES NOT MAKE A MOTION AND THE APPROVAL  REJECT FINDING FOUR WITH  FORMAL  APPROVALS.  

THAT IS MY UNDERSTANDING BUT  I DO APPRECIATE THE CLARIFICATION.  LET US MOVE ALONG SWIFTLY TO THE  NEXT MATTER ON THE AGENDA. THE RECOMMENDATION  FOR THE DEMOCRATIC PARTY OF ARKANSAS.  NUMBER A. MISS BUTLER?  

 MR. CHAIRMAN, MR. SMITH PLEASE TAKE  US AWAY.  

GOOD MORNING COMMISSIONERS AND  MR. CHAIRMAN. 
     

IT WAS RESUBMITTED TO THE COMMISSION  MAY  27, 2022. THE FOUR FINDINGS PRESENTED  ARE  FINDING ONE, REPORTING OF DEBTS  AND OBLIGATIONS. FINDING TWO RECORD-KEEPING  FOR  EMPLOYEES. FINDING THREE REPORTING  AND MEDIA  RELATED EXPENDITURES AND DISCLOSURE  OF LOANS AND  LOAN REPAYMENTS. WE ARE AVAILABLE  TO ANSWER ANY QUESTIONS REGARDING  THE OUTLAND FINDINGS.  THANK YOU. 
     

THANK YOU  MR. CHAIRMAN. 
     

I HAVE THE MOTION TO  THAT EFFECT. I WILL  PAUSE DRAMATICALLY. I AM  STILL PAUSED.  

WITH REGARD TO A DRM OF THE DEMOCRATIC  PARTY OF ARKANSAS, I MOVED  THE COMMISSION APPROVE AUDIT RECOMMENDATION  FINDINGS ONE, TWO  AND FOUR.  

THANK YOU SIR. A DISCUSSION OF  THE MOTION? ALL  IN FAVOR?  

THE MOTION IS CARRIED UNANIMOUSLY.  ANY FURTHER MOTIONS ON  THIS MATTER? SEEING NONE, THANK  YOU TO THE STAFF ON THIS ONE AS  WELL. WE  WILL MOVE TO THE AUDIT REPORT ON  THE ASSOCIATION FOR EMERGENCY RESPONDERS  AND FIREFIGHTERS PACK.  NUMBER A-19-21.  

 MR. CHAIRMAN 
     

GOOD MORNING MR. CHAIRMAN AND  COMMISSIONERS. BEFORE YOU EASE THE  PROPOSED FINAL AUDIT REPORT FOR  THE ASSOCIATION FOR EMERGENCY RESPONDERS  AND FIREFIGHTERS PACK. WHICH  WAS SUBMITTED FOR THE COMMISSION  REVIEW ON JUNE 16. ONE FINDING FOUND  UNDER THE AUDIT DIVISION RECOMMENDATION  MEMORANDUM APPROVED  BY THE COMMISSION ON MAY 12, 2022. ONE  ADDITIONAL ISSUE, WHICH IS A COMMISSION  DID NOT APPROVE OF THE REQUIRED  FOUR VOTES. THE FINDINGS INCREASE  ACTIVITY CORRECTED, AN ADDITIONAL  ISSUE IS TITLE RECORD-KEEPING FOR  DISBURSEMENTS. AND USE OF DESIGNATED  DEPOSITORY. WE ARE AVAILABLE TO  ANSWER ANY QUESTIONS,  THANK YOU. 
     

MR. TRAINER?  

I DO HAVE A COMMENT WITH REGARD  TO  THIS AUDIT AND THE  NEXT ONE THAT WE HAVE TO DO. BOTH  HAVE THE SAME TREASURE ASSOCIATED  WITH THEM. I THINK OUR AUDIT REPORT  HAS CHARACTERIZATIONS IN THE NARRATIVE  PORTION. ABOUT HOW THESE  PARTICULAR PACKS SEEMS SOMEWHAT  SHADY. ALTHOUGH IT IS IMPORTANT  TO NOTE THE RECORDS THAT HAVE BEEN  PROVIDED BY THE PACKS IN THIS  PARTICULAR CASE. I THINK IT  EMPHASIZES HOW WE LIVE IN A WORLD  WHERE WE LOOK AT FICO ALL  THE TIME. THEY  ARE DEALING IN A REAL-WORLD SENSE  OF TRYING TO KEEP RECORDS THE BEST  THEY CAN. SOMETIMES THE REGULATIONS,  PEOPLE RUN A FOLLOW-UP  OUR  REGULATIONS. THEY DO NOT NECESSARILY  MEAN TO. THEY HAVE BEEN COOPERATIVE  IN GIVING US RECORDS. MAYBE NOT  EVERYTHING THAT WE NEEDED. WE PROBABLY  WENT ABOVE AND BEYOND THE RECORDS  WE WERE ASKING FOR. IN THESE TWO  PARTICULAR AUDITS. I PLAN TO  SUPPORT THIS. JUST KNOW THAT SOMETIMES  WE ASK FOR A LITTLE BIT TOO  MUCH.  COMMISSIONER?  

 ANY MOTIONS? 
     

THANK YOU MR. CHAIRMAN. THE  PROPOSED FINAL AUDIT REPORT ON THE  ASSOCIATION FOR EMERGENCY RESPONDERS  AND  FIREFIGHTERS A-19-21. APPROVAL OF  AUDIT RECOMMENDATIONS?  

THINK  YOU COMMISSIONER. 
     

THE MOTION IS  CARRIED UNANIMOUSLY.  THANK YOU YOU ALL. LET US MOVE TO  THE PROPOSED FINAL AUDIT REPORT  ON THE U.S. VETERANS ASSISTANT FOUNDATIONS  PACK. A-19-06.  

GOOD MORNING. MR. CHAIRMAN AND  COMMISSIONERS. BEFORE YOU HAVE THE  PROPOSED  ART REPORT, IT WAS  SUBMITTED TO THE COMMISSION FOR  CONSIDERATION ON JUNE 21, 2022.  THAT INCLUDES  FOUR FINDINGS OUTLINED IN THE AUDIT  DIVISION  RECOMMENDATION MEMORANDUM. APPROVED  BY THE COMMISSIONER MAY  12, 2022. IT CONTAINS TWO ADDITIONAL  ISSUES WITH THE COMMISSION DID NOT  APPROVE. BY THE REQUIRED FOUR VOTES.  BEFORE WE HAVE FINDING ONE IN THE  STATEMENT OF  FINANCIAL ACTIVITY. INCREASED ACTIVITY AND FINDING  THREE DISCLOSURE OF OCCUPATION AND  NAME OF EMPLOYER. FINDING FOUR FAILURE  TO  FILE 24-48 HOUR REPORTS. ADDITIONAL ISSUE  ONE, DISCLOSURE  OF DISBURSEMENTS. ADDITIONAL ISSUE TWO, RECORD-KEEPING  FOR DISBURSEMENTS AND USE OF DESIGNATED  DEPOSITORY. THEY ARE AVAILABLE TO  ANSWER ANY QUESTIONS. THANK YOU.  

COLLEAGUES, ANY QUESTIONS  OR  DISCUSSION?  

WITH RESPECTS TO THE  FINAL AUDIT REPORT OF THE DIVISION  IN THE U.S.  VETERANS DIVISION, I MOVE APPROVAL  OF THE AUDIT AND  THE RECOMMENDATIONS.  

POLITICS, ANY MOTION  OR DISCUSSION? HEARING NONE, ALL  IN FAVOR ?   

AYE.  

THE LAST MATTER IS MANAGEMENT  AND ADMINISTRATIVE MATTERS. WHICH  IS  SUITABLY , I WILL TAKE THE CHAIRS  PREROGATIVE AND CONCLUDE TODAY'S  PUBLIC MEETING. BY RECOGNIZING,  WITH REGRET IT WILL BE THE  LAST TIME THAT VICE CHAIR WALTER  WILL JOIN  OUR DELIBERATIONS. I WANT TO THANK YOU ON BEHALF OF  THE AMERICAN PEOPLE AND THE COMMISSION  FOR HIS 16 YEARS OF  SERVICE HERE. THE VICE CHAIR IS  A MODEST MAN. I DO NOT WANT TO UNDULY  EMBARRASS HIM. WE ARE LOSING A GREAT  DEAL TODAY. A LITTLE OF THE BALL  LONG BEFORE  THE COMMISSION. 
     MEMBER OF  THE BOARD, THE  JUDICIAL PALLET. NO COMMISSIONER  IN THE RECENT HISTORY MATCH THE  DEPTH  OF EXPERIENCE. THIS EXPERIENCE IN  HIS LEGAL ABILITY WILL REMIND YOU  THE THINGS THAT WERE CONTRIBUTED.  A  GENTLEMAN'S MANNER FOR OUR DISCUSSIONS.  UNIVERSAL RESPECT ACROSS THE  TYPICAL SPECTRUM. SO MUCH FOR MY WORD  THIS CHAIRMAN. STEVE, ON A  PERSONAL NOTE, THANK YOU. I  WILL MISS YOU. IT WAS ONCE OUR PRACTICE  TO HAVE SEASON COMMISSIONERS OF  SERVICE SHARE. FOR REASONS IN  VARIOUS REASONS, I WAS THRUST INTO  THIS ROLE AS THE  VICE CHAIR. I PERSONALLY HAVE BENEFITED  FROM THE WISDOM AND EXPERIENCE IN  TEMPERAMENT AND IT HAS BEEN A PRIVILEGE  IN PERSONAL PLEASURE.  I WILL MISS SWAPPING  WAR STORIES AND I WILL MISS OUR  SHARED ANTIDOTES OF THE DESERTS.  MY THANKS,  I WISH YOU A HAPPY WILL  RETURN  TO DATA. AT THIS POINT I WOULD LIKE A WORD  FROM OTHERS. 
     

I WANTED TAKE  THIS OPPORTUNITY TO SAY MR. VICE  CHAIR  OR STEVE IT IS THE END OF  AN ERA.  WHEN I CAME TO THE AGENCY IN 2008  I KNEW THERE WAS  A  COMMISSIONER. 
     IN 2015 YOU GAVE ME A GREAT OPPORTUNITY  AT  THE TIME ALTHOUGH I DIDN'T KNOW HOW IMPORTANT  THE OPPORTUNITY WOULD BE. OR TURN  OUT TO BE. AS YOUR EA I LEARNED  SO MUCH. NOT ONLY ABOUT THE FINANCE  LOG BUT ABOUT HOW TO BE A LEADER  AND A BOSS AND  A MENTOR. I LEARNED  TO CONSIDER  OPPOSING THOUGHTS. I LEARNED MORE  THAN I THOUGHT I COULD EVER IMAGINE  TO LEARN.  FINALLY IN 2020 I HAVE THE OPPORTUNITY  TO GET  ANOTHER CAPACITY. I TOOK ON  THE ROLE AS THE CHAIR MY FIRST YEAR  AS COMMISSIONER. I DON'T KNOW IF  YOU CAN EVER TRULY BE PREPARED TO  BE A CHAIR. I DO  KNOW -- 
     YOUR RETIREMENT IS BITTERSWEET.  FOR ALL  OF US IN PARTICULAR AND PARTICULARLY  FOR ME. AS YOUR FORMER COUNSEL AND  PEER I WILL NOT MISS YOUR TELEPHONE  CALLS AT 11 PM. BECAUSE  YOU ARE ALWAYS WORKING. I WILL NOT  MISS THE SUNDAY MORNING CALLS CHECKING  ON THE WEEK OF  THE EXECUTIVE SESSION WHILE I WAS SITTING IN  CHURCH TRYING TO TEXT YOU A RESPONSE.  IT'S A REFLECTION OF HOW MUCH YOU  ENJOY THE WORK THAT YOU DO. IN THE  FAQ BROUGHT TO THIS AGENCY. I WILL  MISS YOUR LEADERSHIP STEVE AND YOUR  PROFESSIONALISM. AND YOUR SENSE  OF DUTY. I HOPE I WILL NOT MISS  IT BECAUSE IT WILL CONTINUE YOUR  FRIENDSHIP. BEST OF LUCK IN YOUR  BEST ADVENTURE. I LOOK FORWARD TO  IT.  THANK YOU. 
     

I ASKED FOR THE PRIVILEGE OF  SPEAKING  LAST. I HAVE KNOWN YOU THE LONGEST  STEVE. OUR PATHS  FIRST CROSSED IN 1998. WHEN WE WERE  WORKING ON A  CERTAIN RECOUNT BASED ON A SENATE  RACE IN NEVADA. I DON'T KNOW IF  YOU  REMEMBER THAT? I WAS BASED IN D.C.  AND YOU WERE OUT THERE ON THE GROUND.  WE DID HAVE PHONE CALLS BACK TOGETHER  BACK THEN. 
     YOU ARE KNOWN FOR YOUR COLLEGIALITY,  COURTESY AND UNSEASONED EFFORTS  TO WORK RESPECTFULLY WITH ALL OF  YOUR COLLEAGUES. AS WELL AS YOUR  LOVE FOR YOUR FAMILY. YOUR BEAUTIFUL  HOME STATE OF NEVADA, AND OF COURSE  THE RENO RODEO. BEYOND THESE WALLS  YOU HAVE BEEN A LIFELONG WARRIOR  FOR NATIONAL AND INTERNATIONAL DEMOCRACY,  HUMAN RIGHTS AND THE RULE OF LAW.  YOU WILL WORK WITH THE ADA AND IT  GOES BACK AGAIN  LONG BEFORE  EUGENE  HERE. YOU AND I HAVE BEEN COLLEAGUES  SINCE 2006. WE HAVE BONDED OVER  SHARED DEDICATION TO THE MISSION  OF THIS AGENCY. IN THE COMMON LOVE  OF CHOCOLATE. I WILL PUT A LITTLE  PLAQUE ON THE CANDY JAR IN MY OFFICE  IN YOUR HONOR STEVE. WE HAVE OVER  THE YEARS SHARED STORIES  AND  PICTURES OF GRANDKIDS GROWING UP.  WE SHARED A MUTUAL LOVE  OF TRAVEL. THANKS TO YOU I HAVE  ALSO HAVE THE OPPORTUNITY TO WORK  WITH AND GET TO KNOW BETTER THE  WONDERFUL AND TALENTED PEOPLE YOU  BROUGHT ON BOARD AS YOUR STAFF.  LIKE  WANDA BROWN AND ROBINSON TOM ANDERSON  AND BRAD DEUTSCH AND  SARA ROSINSKI KATHY RYAN AND SHELLEY GARDNER  AND OF COURSE  SHAUNA BRASSARD. I  AM SURE I DID MISS SOME NAMES. I  APOLOGIZE TO ANYBODY WHOSE NAME  THAT I DID MISS. STEVE, YOU HAVE  BY MY COLLEAGUE IN MY ALLY AND MOST  IMPORTANT MY FRIEND. I THANK YOU  FOR THE FRIENDSHIP WHICH I KNOW  WILL CONTINUE. FOR YOUR SERVICE  TO THIS AGENCY AND OUR COUNTRY.  ENJOY THOSE GRANDCHILDREN STEVE  AND CONTINUE ON  YOUR ADVENTURES. 
     

ANY  FURTHER DISCUSSION? 
     >> WE WILL MISS  YOU  STEVE. ANY  MATTERS THAT THE COMMISSION NEEDS  TO DISCUSS TODAY?  

THERE ARE NO SUCH MATTERS.  

THE COMMISSION  IS ADJOURNED.