This file contains archived live captions of the open meeting of the Federal Election Commission held on January 12, 2023. 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. Thursday, January 12, welcome. Good morning all. Open meeting of 12 January is in order. Customary to share a few words and to be brief. I want to thank the staff of my fellow commissioners that have welcomed me over the past couple months. And have assisted me for the current role as chair. I started here as a legal intern. This is a full circle. I'm looking forward to a productive and collaborative year. I want to talk about one matter before we jump into the agenda today. Last Tuesday we approved a public notice requesting comment. The notice was published in the Federal Register this past Monday, January 9. There will be a public hearing as well that will take place on February 14. Which is on time today. We are seeking, addressing -- anyone in the public can submit comments. We hope to hear from the regulated community. On how we can increase fairness and efficiency and effectiveness. And how to best serve the commission's mission. We are not required by the APA to hold the topic. We are doing so so we can obtain all relevant insight. For the internal decision-making processes. An opportunity to bring the experiences. We hope you will have robust comments. Moving on . Good morning. All in favor I. The open session will no longer be discussed. The only item remaining on the agenda is advisory opinion 2022-25 Crapo for Senate. We are joined by Jessica Johnson and Caleb Ecker. We are joining virtually be a zoom. And we have Sharon from OTC. Counsel do you have a presentation? I do. An agenda document 23-03-a. As an address for Mike Crapo for U.S. Senate. The requests asked whether the committee may use campaign funds to pay for various residential security installations and upgrades to Senator Crapo's two homes. One in Idaho when one here in D.C. The requested security measures were added to the senator by the U.S. Capital Police after serving both homes. The draft includes consistent with several previous advisory opinions that the committee may use campaign funds to pay the cost for installations and upgrades. As necessary expenses incurred with the senator's duties as an officeholder. No comments have been received on the requests and the draft. I'm available to answer any questions you have. Colleagues any questions or discussion? thank you. Ms. Johnson thanks for being here. That's my usual question. You did not submit written comments on the draft. We have only put out one draft. I would be interested in points you would like to make about the draft. Anything you think we missed anything else you think the commission needs to know before we vote? Good morning vice chair commissioners, thank you for the opportunity to appear before you this morning on behalf of our client. We appreciate the draft in our client was satisfied with the response. Any other comments or questions? Commissioner Trainer? thank you. This is for our council. The basis for this recommendation is the same as what we have used in the past. That's ongoing security concerns. That have been put forward. Do we know how long those security concerns will last? more importantly, when they get reevaluated as a predicate for allowing these types of request to come through? no, we do not at this time. We do have a limitation. Here in this draft. It says if the environment were to change that it would be evaluated. As of now the threat remains high. Great, thank you. Any other questions or comments? any motions? with respect to draft advisory opinion 2022 -25 Senator Mike Crapo and Mike Crapo for U.S. Senate. I move approval of the document. Any discussions or motions? All in favor? the motion passes unanimously. Counsel? Mr. staff director are there administrative matters the commission needs to discuss today? madam chair there are no such matters. This meeting stands adjourned. Stand by. We are live and recording and you may gavel the meeting when ready. Thank you. Good morning. The Federal election commission for 15 December 2022 will come to order. The first matter is two drafter he advisory opinions. We have Mr. Burke. Good morning. Thank you Mr. Chairman. Morning commissioners. Agenda document 2257 a was a draft response to an advisory opinion request submitted by Dave holdings Inc. The requests are asked whether I may create and sell non-pleasurable tokens, and FTs, with committees for use of the committee's fundraising endeavors. Because they propose to sell the and FTs in the ordinary course of business at the usual charge under the same terms and conditions, the draft includes the proposal presents a request. And are therefore permissible. No comments on the request or the draft. Thank you counselor. Mr. Bradley the CEO is also here to answer questions of the technical nature. Colleagues, any questions for our office? thank you Mr. Chairman. I am trying to figure out whether these and FTs are things of value. The request says there is no secondary sale. You are not anticipating a secondary market. I'm trying to figure out if this is more like a thing that has actual value or whether it's more like a certificate that a campaign may handout. Saying you are in the patriots club now. Thanks for the campaign contribution. Either the lawyer or the requester , I would be interested in knowing. Thank you Commissioner and thank you for the opportunity to appear before you today. Especially virtually on this very dreary D.C. day. To your question Commissioner there is value in the sense of the campaign having some value. The value is nominal. It is worked into a certificate or some sort of recognition. Or something that campaigns have offered throughout existence. That's exactly the way I thought about it. Thank you. Thank you. We have made several assumptions with regard to and FTs. Have we handled that appropriately? are there assumptions that we did get wrong? I do not believe so. The General Counsel's office has been great and done a remarkable job. It's been easy to work with and understand the technology and describe it accurately. I appreciate that counsel. Mr. Bradley if you have anything you want to add. Especially on the technical front. Thank you. I have nothing to add. Other than to reiterate. It has been a pleasure. Providing the information and having dialogue. I believe the way that it reads is accurate with respect to the technology in my view. Thank you Commissioner. Any further discussion? I just want to draw attention to footnote 25. That says actions a political committees. Questions regarding the activity do not qualify as an advisory opinion. This advisory opinion -- understood. Any further discussion? any motions? thank you Mr. Chairman. With respect to draft advisory opinion, 2022-22, data vault one I move approval of agenda document number 22-57-a which is draft a. Discussion on the motion? all in favor? aye. Motion is carried unanimously. We will move seamlessly into data vault two. Which does not require any costume changes. Counsel, go ahead. Thank you. Agenda document 22-56 a is a draft response. Submitted by the data vault. Whether it may subsidiary license or a patented technology. Data vault here proposes to license to political committees and ordinary persons of business at the normal and usual charge. Under the terms and same conditions as nonpolitical clients. We received no comments on the request or the draft. I would be happy to answer any questions you have. Questions for the Council? thank you Mr. Chairman. This is a technical question. I'm not sure I understand how this works. Could you elaborate a little bit on that for us? sure I will defer to Mr. Bradley on that. Thank you Chairman. Would explain technology this way. There is a tone that a human ear cannot perceive but his cell phone does perceive. And a mobile response can be activated from that. Think of a QR code that rides on sound. If you're familiar with QR codes it's a visual process of lining up the camera of your phone to a barcode. To invoke a response. The technology emanates from technology that serves individuals that are visually disabled. It's the same type of beacon that American Airlines would use from a kiosk to serve a visually impaired person. The tones are proven safe and utilized by the FCC over broadcast to change when you are watching a sports program and you see it go from national television and an advertisement to a local advertisement. Those windows are open and closed using tone technology. That is the same type of tone that is used in the audio technology. In this use case for elections, a tone can be emanated from signage. It can be emanated over the airways. Think of satellite broadcast, and broadcasting that occurs of all types. Whether it is streaming or radio or TV. You are able to present a tone that invokes when the user opts in and the user agrees and turns on the tool. They are able to experience a web response. A website can open and content can be displayed. If I ask you for a donation I can open the donation pages of a webpage. For the end-user. It is assisted technology. It allows for a mobile response over audio. What triggers the tone? the tone, think of the tone as it rides on sound. I think triggers it. If you listen to sound you may hear drones or a voice, or a music track simultaneously. Think of one more layer in that sound that is inaudible. It is not triggered. What is triggered is the listening. The listening for the tones. If you are familiar with things like voice activated systems like Siri or Google, when you say hey Google, that is a voice response. They have to listen to the auditory realm to have that response. In a sense they are constantly listening. Think of audio as privacy. And the ability to have a tone that only I access when I want to access it. When I approve of that access. The use of the tones is at my discretion and my opt in as a consumer. In this case American voting citizen. What have the ability to activate and they are listening into tones that are presented to them whether from signage or broadcast or whether they are at a venue. Such as a campaign rally or such. That I would be able to tune into an inaudible tone frequency. That activates a display of data. That is what I am trying to figure out. What activates it? do you go by a billboard? if you sent your app to listen for the tones than it takes you to, it is always on and looking for the signals to pop up? it is not something where the user suddenly says hey I want to donate audio, send me a link to donate. I'm trying to figure out how this works. it is Chairman. The user is always the opt in, to turn on the ears. Think of it like voice that is on automatically. It is out there if you want to tune into it. It is a safe and audible tone that does not bother you. You cannot perceive it. It does not have anything in its wake that is affecting the consumer. Until the consumer opts in to say I would like to have political signage data. Delivered to my phone when it is available. And it is made available. That can be based on my geolocation or based on the show that I am watching. It can be based on other data. It is entirely opted and by the consumer. It is a known fully opted in system. I say I was listening to these tones when they are available to me. There may be visual prompts such as assign, to say there isn't an audible tone available in this area. This is our technology patented to the United States. There are several patents that cover the use case including the use case inside of elections. That United States built technology, it was built by a group out of Georgia Tech. A team of technologists. They built this technology patented to the U.S. The technology allows for a consumer to opt in for privacy. It is the antithesis of Siri or hey Google or a lot of the other voice activated systems that must listen to our audio tracks and have been, based on our opt in and are similar opt in have been choosing to listen to our voice tracks. If you experience where you have spoken to someone about something a look to your cell phone and said well I talked about trucks and now here is a truck add, that comes from are opting into a listening device that is in our proximity. Our invention solves for that. It's about consumer privacy in our company datable of all is consumers controlling their own assets and Americans being able to monitor things to offset things like inflation and other costs. For them to control their own data set. The audio tone for campaigns is a private layer. For the campaigns themselves that need a layer of privacy and need to create privacy between them and voters in their districts for example. These tones allow us to hope candidates identify people. As being in their district or from their district or a voice that is from there district. And that can't have benefit in the future. It is customers that have initiatives to be elected. Where the tool allows to let them privately connect with the consumer that has opted in. I live in the district of this representative and I want to tune into their tone. That is the request. I can clear what Mr. Bradley is saying in terms of what your question is. The triggering event is no different than any other camping promotion. Whether it is an ad or billboard or things like that. It is reaching potential contributors. Using this technology the same way that it would try to reach contributors in the more traditional sense. An ad is run and here is our website, that type of thing. I would lastly say that it is also cyber security and other elements mandated solutions that are in place we have a heightened interest and a heightened sensitivity around cyber security. Thank you. Any other discussion or questions? any motions? thanks Mr. Chairman. Data vault two I move approval of the agenda document number 22-56-A which is draft A. Thank you Commissioner. All in favor? aye thank you gentlemen. Thank you very much. Stay dry out there. You too. Next on our agenda is a truck notification of availability. 22-06. Counsel? thank you Chairman Dickerson. Good morning commissioners. 22-59-A contains a draft notification of availability for a petition by the campaign legal Center. They asked the commission to amend or clarify its regulations regarding the refunding of contributions or amount limitations of the federal campaign act. Notifications on whether the commissions could convince a rulemaking based on this petition. It will run for 60 days following notification of the Federal Register. The commission may decide whether to initiate the rulemaking. Thank you and I'm happy to answer any questions that you may have. Thank you counsel. Colleagues? with respect to the draft, nope. Regulation 2022-06. I move approval of agenda document. Thank you Mr. Chairman. To repeat what we have said only put something up for comment we really do want comments. It has been an interesting petition. I hope we will get comments that will help inform the commission. I have written on this topic. This request is very healthy. For the state of our rules. I hope this is one that can move forward. Discussion? all in favor? aye . Motion carried unanimously. Trough recommendation for 2022? Good morning everyone. 15 draft legislative recommendations and agenda document, this year the recommendations, the first group of the highest priority recommendations include making a fine program permit. Increasing compensation for the draft director. Also, the highest priority. The third group includes three other improvements recommended by the commission. Once the commission has improved the recommendation we will provide them administration. Received the comment which has been published. It's, I would like to suggest two citations. The recommendations started with gentle topics. I would like to think the chairman for finishing this project. I would like to thank the commissioners in my colleagues. Further excellent contributions. This may be an appropriate time to forecast your suggested edits. 23 and 24 this is adding the relevant portions of the citations. One is section 306. Thank you Mr. Chairman for all your work on these. I apologize I did not give you any warning on this question. It occurred to me are there plans for your office to hold these recommendations in advance until a new Congress is sworn in? I could see it being an inconvenient time to send it over next week. >> I may suggest as part of the approval we direct him to deliver this upon the commencement of the hundred 18th Congress on January 3 or shortly there after. Thank you Mr. Chairman. I appreciate the suggestion. I don't think it is going to get lost in the paperwork. While I do believe there would be a new Congress would be coming in place. I don't see the name of sending this over. I appreciate the comment and I would not be supportive of that choice. I heard one of my colleagues whispered and I was gonna make the same suggestion. We could send it now and then again at the beginning. This is a problem that comes up every two years. That is a fine solution to send it twice. Physical offices are changing. I have found other people's papers and my due desk. In Congress. It does have some regularity. Things do get lost. I think this approach may be the best way to do it. Commissioner's I want to thank all the staff and colleagues, we have had a productive set of discussions. Behind the scenes. It strengthens the position of the recommendation. This is particularly robust. Repeat the process today. Any further discussion? >> it's quite interesting I'm brought about great conversation. We all are in this process. We have thought about additional recommendations. It's been a great thing for us. Any further discussion? are there any motions? thank you Mr. Chairman. Legislative recommendations for 2022, I move approval of agenda document that concludes our business for today and there's one last thing on the agenda. It's customary as I understand it. This seems like the right time before we collect our officers. The one thing I'm acutely aware of, for another, we have done a great deal together over the last year. We began by updating our form. Years after a bipartisan group -- we have updated our regulations. Like other decisions and federal courts. We have provided guidance to the regular committee. Last week for the first time in a generation it has exceeded adopting a substance regulation that will be easier for political speakers to comply. As he has been privileged as a long tradition of people who decided to dedicate the bulk of their careers to the service of the commission. That's another tradition. I want to talk about some of our longer staff. Reaching impressive milestones. I have a list here. It's a pretty impressive list of people. I hope we will get the appropriate recognition from there. I want to thank all of you. This goes up quite a ways. PamelaÊJones 30 years and Jennifer Boyd. This keeps going 35 years. I will remind everyone. Marie Dixon and Tony Butler. I have no idea. None of you look like you have been here for 35 years. I might but you don't. Finally at 45 years Cindy Myers. That is remarkable. I am an old believer in institutions. Thank you. Also another point of personal privilege. Sorry Commissioner. For putting you on the spot. Before we passed the proverbial on I want to thank everyone who helped over the past year. To accomplish some of the things that I listed. I want to thank a few people on a personal note who are not generally in the public eye. It may be the person that is most responsible. I may slightly be exaggerating but I do not think so. You are not a public figure. The office of commission secretary. Another part of this that I wanted to call out. It has been instrumental to this place working. None of that is apparent to the public and I know that. I'm very grateful. It's been a breath of fresh air. I have enjoyed working with her. I am confident. Finally, I want to thank the person who in my opinion is responsible. Nothing we did this year would be possible. We would not have had the time, space or confidence and the trust required in breaking the decade-long -- this year she has been a key voice. To clarify the law. She does not seek the limelight. The public and the press may still be stuck like a decade ago. That advice is the opposite. With those parting thoughts before I turn it to Jon Weiner. I'm excited to see what we will accomplish under new leaders. Thank you Mr. Chairman. I join you in congratulating all the staff reaching milestones of federal service. Which is impressive. To dedicate yourself to public service like that. Congratulations, all those who was named. It's my privilege to nominate vice chair to serve as the chair of the Federal election commission. She is able to disagree without being disagreeable. She makes it a priority to maintain effective working relationships with everyone. I think she will have a very long highlight reel. This time in 12 months from now. To talk about what we have accomplished. I have enjoyed getting to know her and swapping stories about our kids. I'm looking forward to working with her more. And I think for all those reasons, again it's my pleasure to nominate her. A welcomed motion? any discussion? all in favor? aye. That carried with five in favor. Madam vice chair? madam chair elect. I like that. We will use that. I had the privilege of nominating as the cochair. As we have seen in this meeting -- we come from very opposite sides of the aisle. We pick up the phone and work together. We have real conversations. We are operating under the assumption, that has served us well. I am looking forward -- incredible writing skills. We will work together. Madam vice chair, chair elect, Commissioner? all the titles? discussion motion? seeing none, all in favor? aye . Motion carries. That completes the business of this meeting. Here is a question of point of personal privilege. Thank you. I am eternally grateful to all of the chairman that helped me get acclimated. He and his fantastic staff have gone out of their way. I get to take the helm when there is no backlog of important matters. I will start with Commissioner Broussard. She became chair upon her appointment. She and her team were relentless. The chair said she does not often get the credit she deserves. When the chairman gavels we finished it out. I'm looking forward to seeing their partnership. I have enjoyed working with the Commissioner over these last few months. I look forward to having the relationship. Might approach to wrapping his making sure a four-year-old cannot get into it. A new game are you stronger than a fourth grader? no you put Latin on here. I will not do this life and in public. I thought it is modern art. The absence is part of what it is trying to convey. That is lovely. Thank you very much. I am going to use it. Stand by. The stream is now live. Mr. Chairman we are live. You can gamble in the meeting when you are ready. The open meeting will be first of December 2022 comes to order. Good morning amid the commission consider draft advisory opinion 2022-24 Alan blue. In 2013 -- 01. Supplemental notice of proposed rulemaking. Pursuant to 11 CFR section 2.7 D1 the business requires and no earlier public announcement as possible. Further moved to suspend the bowls of timely agenda documents. 22-55 a. Thank you. All in favor? aye. We are off to a good start. The first matter on the agenda is 2011. I did not misstate that. Draft final rule and justification for Internet communications. Good morning commissioners. 22-52 -- a and 22 are two alternative drafts of an explanation and final rules including disclaimers. Both drafts clarify certain types of Internet communications. And allow communications to provide disclaimers through alternative needs. Both drafts amend the definition of public communication. The language very slightly between the two drafts. I am happy to answer any questions. Thank you very much counsel. Colleagues? any discussion? any motions? I could talk about this. I want to thank you the chairman and other commissioners who worked on this rulemaking. I want to thank the policy division staff who have worked a lot of long hours and weekends and late nights. The only working with the Commissioner's office who are pushing this regulation forward but answering a barrage of questions from some of the internal critics , including myself. I appreciate all the staff work that has gone into this and led up to this meeting. I'm happy to say I am ready to support revised draft I pose the initial rule that was put out by the commission. I believe it was dramatically expanding the agencies regulation over critical speech online. There were subsequent revisions. I have limited or to traditional paid advertising on the Internet. That's within our daily on what we should be focused on. This revised regulation will not undo the burden and freedom of speech complies with the important safeguard of the administrative procedure act. I have long been an advocate and defender for Internet exemption as the commission said in 2002 for any individual has access to limitless political expression with minimal cost. That's even more true today than it was in 2002. That is why there is a robust light touch and regulatory approach. I look forward to the draft today. I would yield to you. I wanted to go first. This is kind of your baby. This is been a long time coming. The idea of the rule was first proposed. It got about six comments the first time we put it out. We received 150,000 comments in 2017 alone. It has benefited along the way from the input of a lot of people. The Commissioner said. Our policy division was very hard on this. There has been previous generations of people in OTC who worked on this. Amy Rothstein and many others. I want to give a special shout out -- from the policy division. Most of all the fact that we are here due to the efforts of the Commissioner. From the outside a lot of people are like where did those documents come from. That suddenly landed on the agenda. It's a lot of hard work. A lot of people are behind the scene. There are two drafts in front of us. It's a little bit of a surprise to me that we ended up with two drafts. That's the draft I support. They recognize the unique features of the Internet. When people buy ads and print newspapers on television they are paying to get access to an audience that is already going there. People pay a lot of money to watch the Super Bowl. There is no way to promote a particular ad on a television show. The Internet is quite different. People don't go to the Internet and flipped through within the same way that you flip through a newspaper. It is too vast for that. Things pop up in the searches. People have been paid to promote content that somebody else places. I believe the definition of public communication encompasses communications. There is some debate about that. It is important that the notion of payments and advertising. That's one of the key distinctions between draft a and draft B. It is my understanding the way this is going to go We will have votes on particular text. I have concerns about the process. We are immediately going to provide that definition. I'm a big fan of public comments. I do not believe they require further public comment. Everything that is on the draft was foreshadowed earlier. I am a fan of public comment. If people want to do that I would be in favor of that. That is why I support draft a. I will make a motion at the appropriate time. Thank you Mr. Chairman. Thank you Mr. Chairman. I have approval of 22-52-A. A special motion? all in favor? aye. Motion fails with two in favor. Four opposed further motions? I thank you Mr. Chairman. I move approval of agenda document 22 -- 52 -- B. Thank you sir. All in favor? all opposed? the motion passes with five in favor. Thank you all very much. I share Commissioner Weintraub and his things to the staff. This deserves a public statement of recognition. It's been a pleasure to work with you Commissioner. The next agenda is a noticed supplemental notice of proposed rulemaking. 2013-01 technical moderation. Counsel? thank you Mr. Chairman. Agenda document 22 -- 52. The supplemental notice and definition of public communication should include Internet communication promoted for a fee on another person's website or digital device or application or advertising platform. Whether the newly adopted definition should include public communications. The comment period will run for 30 days on publication of the notification in the Federal Register. If it is approved those parts of the draft which identify the definition of communication is a proposal to be considered by the commission should be changed to reflect the commission has adopted the definition. We request any motion to approve the draft authorize the General Counsel office to make changes. Thank you. I'd be happy to answer any questions you have. Colleagues, any discussion? a very brief comment. I agree with what the Commissioner said. I think public comments are good. I strongly encourage people to participate and submit comments. I would like to see them from the public generally and from the bar and other interested organizations. When we put it out for public comment we mean it. I will go further. A former Democratic member of this commission recently noted there is indication the Federal election commission was awakening from its long slumber. I think you are seeing that today. We started this year by recognizing super PACs on form one. The smallest of small victories. Take what you can get. We have since had unanimous or very lopsided bipartisan votes to update our regulations to account for binding court decisions. I am glad we are doing it. For the first time today in many years and I say that is one of the original commenters on the 2011 initiation of the Internet disclaimer regulation. This book is horrifically out of date. It is actively misleading and portions and confusing and others. It is a work in progress. The work has been delayed for too long. Let me echo Commissioner Cook and Weintraub. These are sincere requests for comments. We do intend to move in the regulatory space. Please participate. Any further discussion? any emotions? thank you Commissioner. Happy to do it Mr. Chairman. With respect to a regulation 2013 -- 01 technological modernization and supplemental notice for proposed rulemaking . I move approval of agenda document 22-55-A. Thank you Commissioner. Discussion on the motion? Commissioner? preparing to vote. Yes Counsell you had a request? We you give us the authority to make the changes I discussed earlier? if I can make appropriate edits and changes as discussed at the table. Further discussion? all in favor? motions carry unanimously. A different regulation, this is 2021. 01. Candidate salaries. Counsel please take it away. Thank you Mr. Chairman. Morning commissioners. Agenda documents 22-53-E and 22-53-B are two alternative drafts of the notice of proposal making on candidate salaries. Both drafts propose amendments to regulations regarding the use of campaign funds and principal campaign committee to pay compensation to the candidate. The drafts differ from each other in a few respects. For example, agenda document 22-53-B clarifies the cost would fall under the alternative proposed definitions and improvise the proposed $15 minimum wage compensation Adjusted for inflation. Other differences are described in the covered menu to agenda document 22-53-B. I am happy to answer any questions that you may have. Thank you counsel. Colleagues? thank you Mr. Chairman. They keep moving my screens around. I hesitate to speak is there is some Internet connection. I will ask everyone to bear with me. If it does get a little bit hazy I would ask the vice chair to step in to make the motion for my behalf. I do want to say this is a document that I will not be very pleased to support. With the notice of proposal making this morning. It's an important initial step toward revising our regulations that needs lots of changes. It opens up the possibility for a more diverse group of Americans to run for public office. Something I think goes strongly. We first consider this in April 2021 when I was the chair. We put out for public comment a petition for rulemaking. Islam submitted her petition following her experience as a candidate for mostly U.S. representatives in 2020. Not just the ability to run a competitive race but the ability to pay for basic expenses such as healthcare and childcare. Impact individuals decisions to run for public office. A statistic cited in both the petition and in the comments that we see and we received is that working-class jobs defined as manual labor, service industry, and clerical jobs make up over 50% of the United States economy. Yet only 2% of the members of Congress have working-class backgrounds proposed rulemaking presents an opportunity for the public to share their experiences. Hopefully the commission can take it into consideration on revising any regulations. At the appropriate time I will be more than happy to make a motion to approve this document. Thank you. Any other comments? thank you Mr. Chairman I agree with everything my colleague just said. I want to add my thanks to Miss Islam. She started the ball rolling for us. It will sound redundant from the last discussion but we are hoping for robust comments on this. There are many options laid out in this NPR and. Different ways we can go about it. I think we will be aided by the comments on this. I hope we will have comments not just from lawyers but people with real-world experience. Trying to run for office. Or people who may have considered running for office and felt they were not able to do so. This is exciting and an opportunity to use the campaign-finance system. Which often becomes a vehicle for the very wealthy to try to influence who gets elected and what gets enacted. This is a way to leverage the campaign-finance system. We will allow more people and more diverse people and more diverse sets of experiences to consider running for office into add to the deliberations of Congress and contribute to the laws that we make in this country. This follows in the line of advisory opinions that the commission has issued in recent years. Allowing for child care expenses to be paid for while candidates are campaigning. I see this other piece with that. Another way to make it more accessible for other people. I'm looking forward to the comments and to the motion. I would be happy to support. Further discussion? We are at a bipartisan note. I will say I'm not worried about this one. From my experience there is a very significant public interest on this. I anticipate a large number. At this time I will make a motion. I move approval of agenda document number 22-53-B. Regulation 20 2101 draft notice of proposed rulemaking on candidate salaries revised. Thank you. I apologize. Still getting used to having you people in the room with me. The motion passes with five in favor. Next and final matter on her agenda is drafted revised opinion 2022-24. Thank you for having us. Somewhat lower than what I thought it would be. Thank you Mr. Chairman. Morning commissioners. Before you are to draft advisory opinions responding to requests from Alan blue. The request or asks whether an revocable trust he proposes to establish during his lifetime may contribute to federal candidates and political committees. The request asks how contributions from the trust should be attributed. And whether the index contribution limits and effect the time of contributions are made by the trust would apply. Both drafts conclude the trust make contribution to federal candidates and political communities. The trust would be a person under the federal campaign act. And is not a prohibited source. Both drafts also conclude contribution limits and the fact that the trust makes contributions would apply. The drafts differ on how contributions from the trust should be attributed. Under draft E contributions from the trust would be attributed for both the trust and Mr. blue. Contributions made based on objective criteria set by the trust instrument would be attributed to both the trust and Mr. blue. Contributions made based on more subjective criteria would be attributed only to the trust. We received one comment on the request and three comments on the drafts. I would be happy to answer any questions. Thank you counselor. Any questions thank you Mr. Chairman. My question for the requester's counsel is I read your written comments you submitted on the drafts. We also have received a number of outside group comments. I would be interested in they were submitted after your written comments. I would be interested to see if you had a chance to read those. The draft is something quite clever. It distinguishes between the rest of it. Comments, complaining about it is not about identifying the source. A series of criminal and enforcement actions. MADAM CHAIR WE ARE LIVE AND RECORDING. YOU MAY START THE MEETING WHEN READY. GOOD MORNING. WE HAVE THE FEDERAL ELECTION COMMISSION FOR THURSDAY, JANUARY 12th. WELCOME. GOOD MORNING ALL. THE OPEN MEETING IS IN ORDER. IT IS CUSTOMARY TO SHARE A FEW WORDS AND TO BE BRIEF I WANT TO THANK ALL THE STAFF AND MY FELLOW COMMISSIONERS THAT HAVE WELCOMED ME OVER THE PAST SEVERAL MONTHS AND ASSISTED ME WITH MY RESPONSIBILITIES AS VICE CHAIR AND PREPARED ME FOR MY CURRENT ROLE AS CHAIR. I STARTED AS A LEGAL INTERN, AND THIS IS A FULL CIRCLE MOMENT FOR ME. I'M LOOKING FORWARD TO A PRODUCTIVE AND COLLABORATIVE YEAR. I WANT TO TALK ABOUT ONE MATTER BEFORE WE JUMP INTO THE FULL AGENDA TODAY. LAST TUESDAY THE FCC APPROVED A FEDERAL NOTICE REQUESTING COMMENT ON THE CURRENT AUDIT PROCESSES. THIS WAS PUBLISHED IN THE FEDERAL REGISTER THIS PAST MONDAY. THERE WILL BE A PUBLIC HEARING AS WELL, AND THAT WILL TAKE PLACE ON FEBRUARY 14th WHICH IS VALENTINE'S DAY. HOW APPROPRIATE, AS EXPERIENCED IN THE AUDIT PROCESS, IT ALWAYS GAVE BE A HEART ACHE. WE ARE SEEKING COMMENT ADDRESSING THE AGENCY'S AUDIT PROCESS. SINCE THE MOST RECENT CHANGES WERE MADE OVER 10 YEARS AGO. ANYONE IN THE PUBLIC CAN SUBMIT COMMENTS, BUT GIVEN THAT THIS IS A NICH PRACTICE AREA, WE ARE HOPING TO HEAR FROM THE REGULATED COMMUNITY. COMMITTEES ARE ACCOUNTABLE AND HOW WE CAN INCREASE FOR NEW, AND PROCESSES IS, EFFICIENCY AND -- HOW WE AUDIT FUNCTIONS IS BEST SERVED THE COMMISSION'S MISSION [ INDISCERNIBLE ]. WE AREN'T REQUIRED TO HOLD A HEARING ON THIS TOPIC, BUT WE ARE DOING SO SO WE CAN OBTAIN ALL RELEVANT INSIGHTS AND PERFORM OUR INTERNAL DECISION-MAKING PROCESSES. WE WANT TO REGULATE THE COMMUNITIES AND REPRESENTATIVES OF THE PUBLIC TO BRING THEIR EXPERIENCE AND IDEAS TO THE TABLE. FOR FURTHER INFORMATION, PLEASE LOOK UP THE FEDERAL REGISTER NOTICE ON OUR WEBSITE. WE HOPE YOU WILL HAVE ROBUST COMMENTS [ INDISCERNIBLE ]. SO, MOVING ON. WE HAVE A LATE SUBMITTED DOCUMENT THIS MORNING. MR. VICE CHAIR. THANK YOU, MADAM CHAIR. I MOVED TO SUSPEND THE RULES IN ORDER THAT THE COMMISSION CONSIDER THE LATE SUBMISSION OF DOCUMENT NUMBER 23-03-A. SECOND? HEARING NONE, ALL IN FAVOR. THE MOTION PASSES UNANIMOUSLY. THERE WERE TWO AUDIT DIVISION RECOMMENDATIONS ON THE PUBLIC AGENDA. THAT WILL NO LONGER BE DISCUSSED. THE ONLY ITEM REMAINING ON THE AGENDA IS ADVISORY OPINION 2022-25. WE ARE JOINED TODAY BY COUNSEL . THEY ARE JOINING US VIRTUALLY ON SOME. WE ALSO HAVE CHERYL. COUNSEL, DO YOU HAVE A PRESENTATION? I DO, THANK YOU MADAM CHAIR, AND COMMISSIONERS GOOD MORNING. BEFORE YOU COME AND AGENDA DOCUMENT 23-03-A IS A DRAFT RESPONSE. THE REQUEST ASKS WHETHER THE COMMITTEE MAY USE CAMPAIGN FUNDS TO PAY FOR VARIOUS RESIDENTIAL SECURITY INSTALLATIONS AND UPGRADES TO SENATOR CREPO'S TWO HOMES, ONE IN IDAHO AND ONE HERE IN DC. THE REQUESTED SECURITY MEASURES WERE RECOMMENDED TO THE SENATOR BY THE U.S. CAPITOL POLICE AFTER SURVEYING BOTH HOMES. THE DRAFT INCLUDES CONSISTENT WITH SEVERAL PREVIOUS ADVISORY OPINIONS, THAT THE COMMITTEE MAY USE CAMPAIGN FUNDS TO PAY THE COST FOR THESE INSTALLATIONS AND UPGRADES AS ORDINARY AND NECESSARY EXPENSES INCURRED IN CONNECTION WITH THE SENATOR'S DUTIES AS AN OFFICEHOLDER. WE RECEIVED NO COMMENTS ON THE REQUEST, AND NONE ON THE DRAFT. THANK YOU MADAM CHAIR, I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. COLLEAGUES, ANY QUESTION OR DISCUSSION? MR. VICE CHAIR. THANK YOU VERY MUCH. MISS JOHNSON, THANK YOU FOR BEING HERE. AS IS MY USUAL QUESTION, YOU DIDN'T SUBMIT ANY WRITTEN COMMENTS ON THE DRAFT. WE HAVE ONLY PUT OUT ONE DRAFT ON THIS ADVISORY REQUEST, AND I WOULD BE INTERESTED IN ANY POINTS YOU WOULD LIKE TO MAKE ABOUT THE DRAFT. ANYTHING YOU THINK WE MISSED, OR ANYTHING ELSE YOU THINK THE COMMISSION NEEDS TO KNOW BEFORE WE VOTE. CERTAINLY. GOOD MORNING, VICE CHAIR, COMMISSIONERS. THANK YOU FOR THE OPPORTUNITY TO APPEAR BEFORE YOU THIS MORNING ON BEHALF OF OUR CLIENT. NO, WE APPRECIATE THE DRAFT. DRAFT A. OUR CLIENT WAS VERY SATISFIED WITH THE RESPONSE. GREAT. ANY OTHER COMMENTS OR QUESTIONS? COMMISSIONER TRAINER. THANK YOU. I GUESS THIS PROBABLY IS FOR OUR COUNSEL. THE BASIS FOR THIS RECOMMENDATION IS THE SAME AS WHAT WE'VE USED IN THE PAST, WHICH IS ONGOING SECURITY CONCERNS THAT HAVE BEEN PUT FORWARD. DO WE KNOW HOW LONG THOSE SECURITY CONCERNS ARE GOING TO LAST, OR MORE IMPORTANTLY, WHEN THEY GET REEVALUATED AS A PREDICATE FOR ALLOWING THESE TYPE OF REQUESTS TO COME THROUGH? MADAM CHAIR, IF I MAY? NO, WE REALLY DO NOT AT THIS TIME. IT SEEMS CLEAR THAT THERE REMAINS A HEIGHTENED THREAT OF VIOLENCE. WE HAVE SEEN EVENTS THAT HAVE OCCURRED. WE DO HAVE A LIMITATION IN THE ADVISORY OPINION HERE IN THIS DRAFT THAT SAYS IF THE THREAT ENVIRONMENT WERE TO CHANGE, TO LESSEN OVER TIME, THAT THE COMMISSION WOULD REEVALUATE WHETHER OR NOT -- IT IS CAMPAIGN FUNDS, BUT AS OF NOW, THE THREAT REMAINS HIGH ACCORDING TO ALL AVAILABLE EVIDENCE. GREAT, THANK YOU. ANY OTHER QUESTIONS OR COMMENTS? WONDERFUL. AND EMOTIONS? MR. VICE CHAIR. WITH RESPECT TO DRAFT ADVISORY OPINION 2022-25, SENATOR MIKE CREPO AND MIKE CREPO FOR U.S. SENATE, I MOVE APPROVAL OF DOCUMENT NUMBER 23-03-A. AND A DISCUSSION AND MOTION? ALL IN FAVOR. APPROVED. MOTION PASSES UNANIMOUSLY. COUNSEL? ARE THERE ANY MANAGEMENT OR ADMINISTRATIVE MATTERS THE COMMISSION WISHES TO DISCUSS TODAY? MADAM CHAIR, THERE ARE NO SUCH MATTERS. THIS MEETING STANDS ADJOURNED.