This file contains archived live captions of the open meeting of the Federal Election Commission held on August 30, 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. THIS MEETING WILL NOW COME TO ORDER. THE FIRST ITEM IS THE PROPOSED FINAL AUDIT REPORT ON THE COMMUNICATION WORKERS OF AMERICA. PRESENTING FROM THE AUDIT. GOOD MORNING. HOW ARE YOU? DOING GOOD. THE AUDIT REPORT PROVIDES RECOMMENDATIONS FOR THE FOLLOWING FINDINGS OUTLINED. WE ARE AVAILABLE TO ANSWER ANY QUESTIONS. THANK YOU. ANY QUESTIONS? THANK YOU. WITH REGARD TO THIS AUDIT I AM PREPARED TO APPROVE THE FINAL REPORT, BUT I WANT TO BRING TO ATTENTION SOMETHING YOU PUT IN IS RESPONSE WHICH I THINK IS IMPORTANT TO CONSIDER GOING FORWARD. HE GOES ON TO EXPLAIN ABOUT TECHNICAL REASONS WHY -- RATHER THAN FILING THE INFORMATION VIA A FORM. THEY HAVE THE INFORMATION READILY AVAILABLE TO THEM IN A SEARCHABLE SPREADSHEET BUT REALLY NO WAY TO COMMUNICATE IT TO THE COMMISSION IN AN EFFECTIVE MANNER SO THEY HAD TO GO THROUGH THIS PROCESS OF MENDING THE REPORTS. I THINK IT'S IMPORTANT FOR US GOING FORWARD AND I KNOW YOU INITIATED A PROGRAM TO LOOK AT FORMS AND OTHER THINGS THAT MAY NEED TO CHANGE. LOOKING AT THE COMMUNICATION WORKERS THERE IS SOME THAT HAVE DEVELOPED QUITE A FEW REPORTS WITH US. IF THEY HAVE THIS PROBLEM INTO KEEPING UP WITH THIS DATA I THINK IT MAKES IT DIFFICULT FOR THOSE THAT ARE LESS FREQUENT USERS KEEPING THEIR DATA MAY BE IN THE SAME FORMAT BUT HAVE TO COME BACK AND GENERATE A WHOLE NEW CYCLE OF FORMS TO GET US THE INFORMATION. WITH THAT I APPRECIATE THE TIME AND EFFORTS IN THIS. I WILL SAY THAT I AGREE WITH EVERYTHING, AND WE ARE LOOKING AT OPENING UP A PROCESS SO WE CAN GET MORE OF THIS FEEDBACK. I THINK THIS IS A GOOD TIME TO LOOK AT THIS ALL. THANK YOU FOR HIGHLIGHTING THAT. I WOULD LIKE TO ASK STAFF TO WALK US THROUGH STEPS THAT MIGHT HAVE BEEN TAKEN TO HELP THE COMMITTEE. I WILL ADMIT THIS WAS A WHILE AGO APPEARED TO RETURN TO US AND LET US KNOW THEY HAVE INFORMATION AVAILABLE. IN ALL CASES WE DO MAKE OURSELVES AVAILABLE TO ASSIST COMMITTEES IN REVIEWING ANY INFORMATION THEY WOULD LIKE US TO REVIEW PRIOR TO THE SUBMISSION. THANK YOU TO THE STAFF. I APPRECIATE AND ALSO I AGREE. WE TALKED TO STAFF AND IT WAS VERY CLEAR THAT ALL THE STAFF WAS TRYING TO HELP HIM THE BEST THEY CAN. THANK YOU. I ALSO AGREE. I WAS HIT BY A BAD ASPECT AND REACHED OUT TO THE STAFF TO ASK ABOUT IT AND I COMPLETELY AGREE WITH WHAT MY COLLEAGUES HAVE ECHOED ON THAT. HAVE THERE BEEN ADDITIONAL AMENDMENTS? HAVE THEY BEEN ABLE TO COMPLETE THIS? THE COMMITTEE HAD INDICATED THEY PLAN TO FILE ADDITIONAL AMENDMENTS, BUT AS OF THIS MORNING THEY HAVE NOT. THE REMAINING OUTSTANDING INFORMATION. ACCORDING TO THE REPORT -- [ INDISCERNIBLE ]. I DO NOT THINK I'M GOING TO BE ABLE TO SUPPORT THAT MOTION. WHENEVER YOU ARE READY. GOOD MORNING. BEFORE YOU IS THE AUDIT DIVISION RECOMMENDATION MEMORANDUM -- THE MEMORANDUM PEREZ THE AUDIT STAFF'S RECOMMENDATIONS FOR THE FOLLOWING FINDINGS OUTLINED IN THE DRAFT AUDIT REPORT -- DRAFT FINAL AUDIT REPORT. FINDING ONE RECEIVED CONTRIBUTIONS IN EXCESS OF LIMITED FUNDING TO DISCLOSURE OF DEBTS AND OBLIGATIONS TO FINDING THROUGH DISCLOSURE RECEIPTS WE ARE AVAILABLE TO ANSWER ANY QUESTIONS. THANK YOU. I DO NOT HAVE ANY QUESTIONS OTHER THAN TO COMPLEMENT THEM ON THE WORK THEY DID IN THIS PARTICULAR CASE. I KNOW IT IS DIFFICULT DEALING WITH THESE NUMBERS. I DO HAVE SOME SPECIFIC CONCERNS OVER FINDING ONE EXCESSIVE CONTRIBUTIONS AND I KNOW IN 2010 THE COMMISSION DID APPROVE THE USE OF SAMPLING AS A METHOD OF GOING THROUGH THESE PARTICULAR AUDITS. SOMETHING THAT JUMPED OUT TO ME WAS A CASE OUT OF CALIFORNIA, AND THE COURT TALKED ABOUT THE USE OF STATISTICAL SAMPLING METHODS WHEN THEY WOULD BE APPROPRIATE, BUT ALSO MENTIONED WE HAVE TO HAVE CONCERN FOR THE PARTIES RIGHTS WHEN WE EMPLOY THOSE STATISTICAL SAMPLES. WE HAVE TO MAKE SURE IT IS NOT TOO SMALL AND THAT IT IS RANDOM ENOUGH AND THAT THERE IS NO LARGE MARGIN OF ERROR. IF WE LOOK AT THE DOLLAR VALUE -- IT IS IN EXCESS OF $27 MILLION, WHICH WAS [ INDISCERNIBLE ]. OF THE THE NUMBER THAT WAS TESTED WAS A LITTLE OVER $364,000. THAT IS A SAMPLE ABOUT .08% OF THE TOTAL NUMBER OF TRANSACTIONS THAT WERE SAMPLED HERE. AND THEN IF YOU LOOK AT THE MARGIN OF ERROR I THINK THE MARGIN OF ERROR -- RANGE IN THE MARGIN OF ERROR IS ABOUT $400,000 FROM A LOW ON THE MID 100 TO A HIGH CLOSE TO 600,000. IN LOOKING AT THAT THE AMOUNT OF EXCESSIVE CONTRIBUTIONS OF FOUND AND AUDIT WAS WOULD BE SHOW IN THE REPORT. WHICH IS WELL BELOW WHAT THE ACTUAL FINDING WAS, SO I THINK THAT SAMPLING DID NOT SERVE US WELL IN THIS CASE BECAUSE WE HAVE SUCH A WIDE MARGIN. THE SAMPLE SIZE IS A LITTLE LOW AND WHAT WE ARE USING, SO I THINK IN THE FUTURE WE NEED TO EXPAND THOSE. I SEE SOME OF THE SAME PROBLEMS WITHOUT GOING INTO THE NUMBERS WITH REGARD TO THE DISCLOSURE OF THE RECEIPTS. FOR THAT REASON I AM NOT GOING TO BE ABLE TO SUPPORT FINDING ONE OR FINDING THREE A IN THIS PARTICULAR AUDIT. THANK YOU. MY QUESTION IS DIRECTED TO THE AUDIT TEAM. DID THE COMMITTEE PROVIDE ANY RECORDS SUPPORTING THEIR CLAIM? THEY DID NOT. DID YOU MAKE A REQUEST? WE DID. MY CONCERN IS WE MIGHT NOT BE CONDUCTING OURSELVES IN A CONSISTENT MANNER. IF WE ARE GOING TO CREATE THESE STANDARDS I AM NOT PREPARED TO CREATE THE DIFFERENT STANDARDS. I THINK THE INVOICE ITSELF HAD DUE UPON RECEIPT IN THE KIND OF GENERAL ACKNOWLEDGMENT BY COMMITTEE THIS MIGHT BE DONE IN THE INDUSTRY WITH US SOME ADDITIONAL OUTSIDE EVIDENCE TO SUPPORT THAT WE TO SUPPORT THE CONCLUSION THAT IS MADE BY OUR AUDITORS. I APPRECIATE THE EXPLANATION BUT WILL BE ABLE TO [ INDISCERNIBLE ]. I GUESS MY QUOTA FOR THE AUDIT DIVISION. ISN'T IT THE CASE -- [ INDISCERNIBLE ] THERE WAS AN EMAIL FROM THE TREASURER THAT STATED THAT MOST LIKELY THIS HAVE BEEN PUT OFF UNTIL THEY ACTUALLY -- UNTIL THEY HAD ACTUALLY DONE THE AND BY AND IT WAS ACTUALLY REQUESTED OF THE VENDOR. THANK YOU. I BELIEVE IN OTHER INSTANCES. WE WERE ABLE TO ASK FROM EMAILS AND THEY WERE ABLE TO PROVIDE SUCH DOCUMENTATION IN THOSE CASES [ INDISCERNIBLE ]. WAS AT THE COMMITTEE'S POSITION -- LET ME BACK UP AND SAY THE TREASURER HAD STATED HER RECOLLECTION IS THEY WERE RETURNED FOR FURTHER CLARIFICATION TO THE VENDOR AND I BELIEVE WHAT SHE SAID IS HER CONVERSATIONS WITH THE VENDOR TO PLACE OVER THE PHONE. TAKE ALL THE TIME YOU NEED. THE DIRECT QUOTE FROM THE AUDIT LETTER THAT THE TREASURER SIGNED IS THAT SHE SAID I WOULD ASSUME WE DECIDED NOT TO PURCHASE THE JUNE 15, 2020 INVOICE UNTIL A FUTURE DATE. IT WAS ACTUALLY PURCHASED -- I ALSO BELIEVE IT WAS THE ATTORNEY WHO MAY HAVE SAID IT MIGHT HAVE BEEN A PHONE CALL CONVERSATION AND THAT IS WHY THEY CANNOT PROVIDE WRITTEN DOCUMENTATION. I THINK THERE ARE OTHER WAYS TO BACK IT UP. COULD HAVE BEEN AFTER-THE-FACT. I WOULD NEED TO SEE A LITTLE BIT MORE FOR THIS. RAIN ALL YOU HAVE IS INFORMATION COMING FROM THE COMMITTEE AND THE TREASURER ITSELF. IT IS THE TREASURER'S RESPONSIBILITY. THE COMMISSION HAS BEEN VERY OPEN. THE MOTION FAILS 3-3. I BELIEVE THERE IS STILL $948,218 IN THAT FINDING THAT IS BASED ON ACTUAL TRANSACTIONS REVIEWED BY THE AUDIT STAFF WITHOUT RESORTING TO SAMPLING. I'M GOING TO MAKE A MOTION FOR THAT I MOANED BECAUSE THAT IS STILL A FAIR CHUNK OF CHANGE. I THINK IT IS WORTH TRYING TO MAKE A FINDING ON THAT. I THINK THAT IS IT. ALL RIGHT. ANYTHING MISSING? DID THE COMMISSION INTEND TO MAKE ANY MOTIONS [ INDISCERNIBLE ]. I BELIEVE WE CAN RESOLVE THAT OFF-LINE. WITH THAT WE HAVE A POINT OF PERSONAL PRIVILEGE. APOLOGIES. WAS THERE ANY INTEREST IN THE COMMISSION ABOUT MAKING THE MOTION AS IT RELATES TO THE 100% -- [ INDISCERNIBLE ]. APOLOGIES. I DO NOT WANT TO MAKE SUCH IN MOTION. OKAY. THANK YOU ALL. JAMES BUCKLEY PASTOR.'S INFLUENCE -- BUT I CANNOT LET HIS PRESENT GO UNREMARKED TO THE AGENCY SO DEEPLY AFFECTED BY HIS WERE. I REFER TO THE PLAINTIFF -- THE PRINCIPAL CHALLENGE -- PLAINTIFFS AND BENCHMARKS SELDOM RECEIVE THE CREDIT THEY DESERVE. VERY OFTEN LABOR IN THE SHADOW OF THEIR ATTORNEYS. BUT IT TAKES COURAGE TO VOLUNTARILY SUBMIT ONESELF TO THE SCRUTINY OF OUR JUDICIAL SYSTEM ESPECIALLY -- [ INDISCERNIBLE ] DOES BUCKLEY DID MANY OTHER THINGS IN A LONG AND PRODUCTIVE LIFE. COMBAT VETERAN. IF HE WAS LESS WIDELY KNOWN THAN HIS BROTHER -- PERHAPS A MORE COMPLETE MAN MEANING [ INDISCERNIBLE ]. HE ALSO GIVE HOPE TO THE BELIEVES -- THE WITH THAT, ARE THERE ANY ADMINISTRATIVE MATTERS? MADAM CHAIR, THERE ARE NO SUCH MATTERS. THANK YOU ALL. THIS CONCLUDES OUR AGENDA, AND BESTAND ADJOURNED. STANDBY.