FEC approves advisory opinion, audit documents

WASHINGTON – The Federal Election Commission today unanimously approved an advisory opinion and an Audit Division recommendation memorandum. The Commission approved a Proposed Final Audit Report and another recommendation memorandum in a tally vote prior to its open meeting, and it held over discussion of a third recommendation memorandum.

Welcoming Remarks Chair Shana M. Broussard opened the meeting today with remarks based on a written statement.

Advisory Opinion 2020-02 (Bertrand) The Commission approved an advisory opinion in response to a request from Jean-Marc Bertrand, agreeing to a revised final text in a tally vote completed after the open meeting. Based on Mr. Bertrand’s representation that he is a U.S. citizen, the Commission concluded that the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations did not prohibit his proposed purchase of online political advertisements even though he resides abroad. The Commission also concluded that neither the Act nor Commission regulations require him to provide Facebook or any other media platform with proof of a U.S. bank account, financial instruments drawn on a U.S. bank, or a U.S. residential address as a prerequisite to the purchase of political advertisements on their platforms. Finally, the Commission noted that this advisory opinion cannot serve as legal proof that the requestor is a U.S. citizen (this fact was assumed by the Commission) or relieve any entity of its obligations to comply with the Act and Commission regulations. During the open meeting discussion, the Commission heard from the requestor.

Audit Division Recommendation Memorandum on the National Tooling & Machining Association (NTMA) Committee for a Strong Economy The Commission approved an Audit Division Recommendation Memorandum on the National Tooling & Machining Association (NTMA) Committee for a Strong Economy, covering campaign finance activity between January 1, 2017 and December 31, 2018. The Commission approved findings relating to misstatement of financial activity (increased activity) and disclosure of contributions made to federal candidate committees.

Audit Division Recommendation Memorandum on Van Drew for Congress In a tally vote prior to the open meeting, the Commission approved an Audit Division Recommendation Memorandum on Van Drew for Congress, covering campaign finance activity between November 30, 2017 and December 31, 2018. The Commission approved findings relating to receipt of contributions in excess of the limit and receipt of apparent prohibited contributions.

Proposed Final Audit Report on the Democratic Foundation of Orange County. In a tally vote prior to the open meeting, the Commission approved the Proposed Final Audit Report on the Democratic Foundation of Orange County, covering campaign finance activity between January 1, 2017 and December 31, 2018. Based upon a limited examination of the statements and reports filed, and the records presented by the Democratic Foundation of Orange County, no material non-compliance was discovered.

Audit Division Recommendation Memorandum on the Mississippi Republican Party The Commission held over to the next open meeting discussion of an Audit Division Recommendation Memorandum on the Mississippi Republican Party, covering campaign finance activity between January 1, 2015 and December 31, 2016.