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The program for requesting consideration of legal questions by the Commission provides a means by which persons and entities that have been asked to take corrective action by the Reports Analysis Division or the Audit Division may seek Commission consideration if a material dispute on a question of law exists relating to the corrective action requested. For more details about how the process works, as well as the types of legal questions that the Commission will consider under the program, please review this Policy Statement (July 29, 2019) and this Notice of Agency Procedure (May 12, 2023). Previous versions of this Policy Statement appear on the Policy and other guidance page.
All requests, including any extension requests, must be received by the Commission within 15 business days of the Audit Division's or Reports Analysis Division's determination that corrective action must be taken. Please review the Commission's Policy Statement to learn how the Commission defines "determination."
All requests should be directed to the attention of the Commission Secretary. To ensure timely receipt and consideration requestors are encouraged to submit comments electronically via email to:
Alternatively, requests may be submitted in paper form to:
U.S. Postal Service
Federal Election Commission
Attn: Commission Secretary
1050 First Street, NE
Washington, DC 20463
Delivery services
(For example, FedEx, UPS, DHL)
Federal Election Commission
Attn: Commission Secretary
1050 First Street, NE
Washington, DC 20002
To submit requests electronically:
* You can use Microsoft Word to save as PDF format.
Previous requests for legal consideration considered by the Commission may be found here. (Organized in reverse chronological order by election cycle.) For each entry, in addition to the subject of the request, the “originating office” that requested the corrective action is identified.
Subject: Unsecured line of credit; commercial lending institution; high-net-worth individual; ordinary course of business. Legal consideration requested in response to a question raised in the course of the Audit process.
| Documents | Citations |
|---|---|
Original Request: 04/08/2020 | PDF OGC Memorandum to the Commission: 04/09/2020 | PDF OGC Email to the Committee: 04/21/2020 | PDF |
11 C.F.R. 100.82 |
Subject: Line of credit proceeds as personal loan; applicability, constitutionality and enforceability of $250,000 post-election loan repayment limitation. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
| Documents | Citations |
|---|---|
Original Request: 4/23/2019 | PDF OGC Memorandum with Recommendation: 5/23/2019 | PDF Vote Certification: 6/24/2019 | PDF |
52 U.S.C. § 30116(j)
11 C.F.R. 116.11 |
Subject: Determination of the candidate’s date of ineligibility; permissibility of winding down and primary expenses incurred after the date of ineligibility. Legal consideration requested in response to a question raised in the course of the Audit process.
| Documents | Citations |
|---|---|
Original Request: 1/12/2018 | PDF OGC Memorandum with Recommendation and Revised Memorandum: 2/28/2018, 4/24/2018 | PDF Vote Certifications, Original and Revised: 4/13/2018, 5/2/2018 | PDF |
26 U.S.C. § 9031
26 U.S.C. § 9032(6)(A), (B) 26 U.S.C. § 9032(9)(A) 11 C.F.R. § 9032.6(a) 11 C.F.R. § 9032.9(a) 11 C.F.R. §§ 9033.5 and 9034.5 11 C.F.R. §§ 9034.4(a)(3) and 9034.11 AO 1984-11 AO 1984-25 AO 1995-45 AO 2000-18 |
Subject: Documentation requirements for LLC eligibility to make and attribute contributions. Legal consideration requested in response to a question raised in the course of the Audit process.
| Documents | Citations |
|---|---|
Original Request: 10/8/2017 | PDF OGC email: 11/28/2017 | PDF |
11 CFR 110.1(g)(5) |
Subject: Whether committee may retain primary election contributions even though the candidate was nominated by party convention and there was no primary election. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
| Documents | Citations |
|---|---|
Original Request: 4/24/2017 | PDF OGC Memorandum with Recommendation: 5/22/2017 | PDF Vote Certification: 7/12/2017 | PDF OGC email: 8/1/2017 | PDF |
52 U.S.C. § 30101(1)(A) and (B)
11 CFR 100.2; 11 CFR 102.9(e) AO 2004-20 |
Subject: Date presidential candidate status ends for purposes of primary election contribution refunding requirements. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
| Documents | Citations |
|---|---|
Original Request: 1/19/2017 | PDF OGC email: 2/14/2017 | PDF |
52 U.S.C. §§ 30101(1)(A)-(D), 30101(2), and 30116(a)
11 CFR 100.3 11 CFR 110.1 11 CFR 110.2 |
Subject: Contribution refunding requirements for candidate accepting general election contributions during primary election period but not participating in general election. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
| Documents | Citations |
|---|---|
Original Request: 8/17/2016 | PDF OGC Memorandum with Recommendation: 9/29/2016 | PDF Vote Certification: 10/25/2016 | PDF |
52 U.S.C. §§ 30116(a)(1)(A) and 30101(1)(A)
11 CFR 102.9(e) 11 CFR 100.2 11 CFR 110.1(b) 11 CFR 110.1(j)(1) |
Subject: The requirement for a candidate, who lost in the primary, to refund general election contributions if the contributions were spent on advance payments to vendors in anticipation that the candidate would participate in the general election. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
| Documents | Citations |
|---|---|
Original Request: 12/23/2014 | PDF OGC Memorandum with Recommendation: 1/27/2015 | PDF Vote Certification: 7/12/2017 | PDF Statement of Commissioner Lee E. Goodman: 4/20/2015 | PDF |
52 U.S.C. §§ 30116(a)(1)(A) and 30101(1)(A)
11 CFR 102.9(e) 11 CFR 100.2 11 CFR 110.1(b)(1) 11 CFR 110.1(j)(1) |
Subject: Reporting of debts and obligations; legal expenses. Legal consideration requested in response to a question raised in the course of the Audit process.
| Documents | Citations |
|---|---|
Original Request: 12/24/2014 | PDF OGC Memorandum with Recommendation: 1/27/2015 | PDF Vote Certification: 3/3/2015 | PDF |
52 U.S.C. § 30104(b)(8)
11 CFR 104.3(d) |
Subject: Recordkeeping for small contributions. Legal consideration requested in response to a question raised in the course of the Audit process.
| Documents | Citations |
|---|---|
Original Request: 3/4/2014 | PDF OGC Memorandum with Recommendation: 3/28/2014 | PDF Vote Certification: 6/10/2014 | PDF |
2 U.S.C. § 432(c)(1)-(2) (now 52 U.S.C. § 30102(c)(1)-(2))
11 CFR 102.9(a) |
Subject: Date of nomination in 2011 NY/26 special election. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
| Documents | Citations |
|---|---|
Original Request: 6/13/2013 | PDF OGC Memorandum with Recommendation: 7/12/2013 | PDF |
11 CFR 100.2(c) |
Subject: Redesignation of general election contributions accepted by a candidate who did not participate in the general election for a nonfederal campaign. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
| Documents | Citations |
|---|---|
Original Request: 5/7/2013 | PDF OGC Memorandum with Recommendation: 6/5/2013 | PDF Vote Certification: 7/11/2013 | PDF |
11 CFR 102.9(e)
11 CFR 110.3(b)(3)(i) 11 CFR 110.1(b)(5) |
Subject: Monthly time logs kept by state party committees of employee time spent on Federal Election Activity (FEA). Legal consideration requested in response to a question raised in the course of the Audit process.
| Documents | Citations |
|---|---|
Original Request: 10/4/2012 | PDF OGC Memorandum with Recommendation: 10/31/2012 | PDF Vote Certification: 11/30/2012 | PDF |
11 CFR 106.7(d)(1) |
Subject: Monthly time logs kept by state party committees of employee time spent on Federal Election Activity (FEA). Legal consideration requested in response to a question raised in the course of the Audit process.
| Documents | Citations |
|---|---|
Original Request: 9/28/2012 | PDF OGC Memorandum with Recommendation: 10/23/2012 | PDF Vote Certification: 11/30/2012 | PDF |
11 CFR 106.7(d)(1) |
Subject: Disposition of funds raised and spent in connection with an anticipated special election that did not ultimately occur. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
| Documents | Citations |
|---|---|
Original Request: 2/15/2012 | PDF OGC Memorandum with Recommendation: 3/19/2012 | PDF Vote Certification: 4/10/2012 | PDF |
11 CFR 110.1(b) |
Subject: Contract with changing weekly fee as extension of credit; Reporting of solicitation expenses as independent expenditures. Legal consideration requested in response to a question raised in the course of the Audit process.
| Documents | Citations |
|---|---|
Original Request: 2/3/2011 | PDF Original Request, supplemental: 2/16/2011 | PDF OGC Memorandum with Recommendation: 3/14/2011 | PDF Vote Certification: 4/5/2011 | PDF |
2 U.S.C. § 434(b) and § 434(g) (now 52 U.S.C. § 30104(b) and § 30104(g))
11 CFR 100.55 11 CFR 104.4 11 CFR 104.11 11 CFR 116.3 11 CFR 116.4 |