This file contains archived live captions of the open meeting of the Federal Election Commission held on August 31, 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.


Welcome to the Federal elections  committee. It  is 31 August, 2022. 
     

Good morning. I'm going to sit suspend the  rules with the documents in order  the commission can have agenda document  number 22 e- 41 Dash A1 and 22 e-  42 dash A1.  

 All in favor ,  Aye.  

Aye.  

Thank you very much. The first  letter for our  -11consideration  this morning as drafted by opinion  2022  the state democracy defenders  packed. We have Mr. Birkin .  

Morning commissioners. Agenda  document  22-42-a . An unconnected political committee  that holds both contribution and  non-contribution. The requester  proposes to ask a  party committees and the chairs  to solicit unlimited funds for  the non-contribution account and  asks whether this is admissible  under the act and regulations. The  draft concludes that state party  committees and their chairs may  select indirect nonfederal funds as proposed. We  do not receive any comment on the  draft.  

Colleagues, any questions? Any motions? 
     

Thank you Mr. Chairman. With  respect drafted by the 2022 -11 
     and move approval of agenda document 22-43-a 
     

All in favor say, "Aye.".   

Aye.  

 Thank you very much. Thank you .  

 2022  -15 thank you Mr.  Chairman.  

Thank you. Good morning Mr. Chairman  in the morning commissioners. The  agenda document 2239A  contains a draft response to an  advisory opinion request . The requester's proposed three  is loans he made to  his committee in 2018  that Mr. Biddeford gave in the committee  converted to contributions from  the candidate pursuant to 52 U.S.  code 30116J  and 11 CFR one 1611 C2 provisions now invalidated by the  U.S. Supreme Court's decision in  Federal election commission versus a Ted Cruz for Senate. The draft concludes the requesters  may reinstate the loads and repay  them with committee funds currently  on hand and contributions raised  and now to retire the reinstated  debt.  The draft also provides guidance  on how to report the reinstated  loads. The commission received the  two comments on the request and  one comment on the draft. Thank  you. We are available for your questions.  

Any questions? 
     Any motions? 
     

Thank you Mr. Chairman. With  respect to drafted advisory opinion  2022 15.  Emma's approval of agenda document  number 22-39-A which  is draft day.  

Thank you Mr. Chairman. I will  just say that I didn't love the  decision . 
     I think this is consistent with that section. 
     

Commissioner? I agree with everything 
     you said except the word, "Magical."  For the discussion? All in  favor say, "Aye."   

Aye.   

Opposed?  

Aye.  

Motion passes . 5-0. 
     Welcome , it is nice to see you. Sorry it  is a brief interaction.  

Likewise, thank you for your  help.  

Take care. The next matters drafted  advisory opinion 2022 dash 16. They  are represented by a number of counsel. Ms.  Lopez will be taking point this  morning.  

I will for my colleague.  

The morning. 
     

Thank you Mr. Chairman. Commissioners,  good morning to you. Agenda document  2022 -40-a asks whether 
     they retain and use contributions  that were not timely deposited within  the 10 day deadline by their contribution  vendor. The draft concludes  that the committees may retain a  late deposited contributions because  the delay in depositing them resulted  from the events that were outside  of the committees and the vendors  control . The committees to prompt remedial  action after discovering the untimely  deposits and there was no indication  that the failure was intentional.  We did not receive any comments  on the request or on the draft.  We are available for questions.  

Thank you counsel. Colleagues? 
     

Thank you Mr. Chairman. It sounds  like an echo of what I just said.  It was one sentence that missed  the editing process for the draft  went public. I am going to suggest that at the appropriate time when we get to the  motions that we would include any  answers with the sentence that  there was no indication that the  failure was conventional. I believe the best way to put that would  be at the end of the paragraph  on page 7 ends on page  717. 
     

Thank you, Commissioner. Any  desire for questions or discuss  this? I will pause. Otherwise, a  motion along those lines would likely  be in order.  

Thank you Mr. Chairman.  With respect to  draft advisory opinion 2022-16 , I need approval of the agenda document 2020-40-K .  

Thank you Commissioner. Discussion  and motion? All in favor say, "Aye."  
     

Aye.  

 Unanimously.  Thank you counsel. In regards to  our current colleague, Mr. Peterson.  

Thank you for the attention.  We really appreciate it.  

Our pleasure.  

The next  matter is regulation 2022 -03 a rule concerning loan repayment. Welcome.  

Thank you, chairman. Good morning  commissioners. The agenda document 2241A1 is a draft to  amend the regulations on candidate loan repayments in light of the  U.S. Supreme Court's decision versus  Ted Cruz for Senate.  In that case, the statutory precision commissions  regulations were unconstitutional.  The draft removed commissions for  many regulations in various technical 
     areas to the regulations. We received  no comments on the draft. I would  be happy to answer any questions  about that.  

Thank you counselor. Colleagues? 
     

Have a question for the policy  division.  Thank you to the policy division  for the presentation and thank you  for putting this item on the agenda . This IFR is identical to the proposal that I 
     reported in May for our consideration.  I am happy for it today. Thank you.  

Thank you. Any further discussion? Any motions? 
     

Thank you Mr.  Chairman. With respect to regulation 
     2022-03 for  candidate loan repayment I moved  approval 22-41-a1 .  

Thank you. Spee01  All in favor say, "Aye.".  

 Aye.  

Thank you counsel. Naked my colleagues.  Let us move to 2013-01  technological modernization. Ambitious  title. 
     

Thank you Mr. Chairman. I did  not expect to be back  appear quite so soon.  

Agenda document 22-42-a1 contains a draft request for additional  comment in 2013-01 
     technological modernization. This  was made in May 2013, with an advance  notice on whether the commission to provide its regulations to address electronic transactions and to eliminate or update references  to outdated technology. The commission  received three comments. In  November 2016, they  published a notice of three comments . The draft  before you would invite  comments on any technological developments  that may have occurred following  publication of the MPR him. Any  rules adopted would reflect the  most current understanding and emerging  technology and practices. In particular, the commissions interested in updating  information regarding electronic  payment processing, newer electronic  payment technologies, and to contributions  made by prepaid cards. Thank you.  

Thank you. Colleagues? 
     

Thank you Mr. Chairman. I started this process in 2013,  thinking it was going to be easy.  Nothing is ever easy. I really want  to express my appreciation to the  committee, chairman, and the Commissioner  Brassard this year for making this  a priority and giving it new life . I am optimistic that we might  actually get this done.  Thank you, colleagues.  

Mr. Brassard?  

Thank you Mr. Chairman and  thank you Commissioner Weintraub, you were here with us originated. You have always been supportive  of this . This is one that  it might seem like housekeeping,  but it is important to how we continue  moving forward in campaign-finance  and recording. Making it easier  for our committees to be able to take advantage of the increases in the technological as it has  occurred. I want to think the chairman  for his willingness to let me badger  him quite a bit on moving this one  forward, but working with him on  the Rex committee, I can see this  is a good start for the  things we are going to accomplish  as a commission. At the appropriate  time, I will make a motion.  

That is wonderful. Let me note  that  this is a draft for public comments.  That is a sincere request. This  reflects  bipartisan input on the questions  we think we need answers to. It  is not because we think we know  better and our  darting eyes and crossing teeth,  we want to hear from people with  more relevant and recent experience . Please take the opportunity  to inform our process. Mr. Brassard, I think you mentioned  a potential motion.  

Yes, thank you. Technological modernization, request  for additional comment. Approval  of agenda document 22-42-A .  

Thank you Commissioner. All in  favor say, "Aye."  

Aye.   

Unanimously. Thank you very much. 
     

Mr. Chairman. Commissioner Brassard,  you moved 22-42-A . 
     

A1. 
     

Is there any objection  to have the record reflect that  is what we voted on? Are there any management or administrative  patterns requiring  the intention this morning?  

Mr. Chairman, there are no such  matters.  

Thank you. Thanks to our colleagues  and for all of the outside requesters counsel for their  appearances. We are adjourned.