FEC approves advisory opinion and Notification of Availability

WASHINGTON – The Federal Election Commission today approved an advisory opinion and a Notification of Availability on a petition for rulemaking.

Advisory Opinion 2019-11 (Microsoft Corporation). The Commission approved an advisory opinion in response to a request from Microsoft Corporation. The Commission concluded that the requestor’s proposal to offer a package of enhanced online account security services to its election-sensitive customers, at no additional charge and on a nonpartisan basis, would not result in the making of a prohibited in-kind contribution because Microsoft would be providing such services based on commercial and not political considerations, in the ordinary course of business, and not merely for promotional consideration or to generate goodwill. Thus, the Commission concluded that the proposal is permissible under the Federal Election Campaign Act of 1971, as amended, and Commission regulations. During the discussion, the Commission heard from a representative from and a Counsel for the requestor.

Notification of Availability for Reg 2018-02 (Leadership PACs’ Personal Use). The Commission approved a Notification of Availability drafted in response to a petition asking the Commission to revise and amend the existing regulation concerning the personal use of campaign funds by federal candidates and officeholders to specify that the regulation applies to leadership PAC funds. The Commission seeks public comment on the petition within 60 days of publication of the Notification of Availability in the Federal Register.

Implementation of OMB Circular A-123: Internal Control Program. The Commission held over discussion of a directive on the agency’s implementation of internal controls.