FEC approves advisory opinion, holds administrative review hearing

WASHINGTON – At its open meeting today, the Federal Election Commission approved an advisory opinion. The Commission also held an administrative review hearing at the request of a 2016 presidential campaign committee regarding a matching funds repayment determination made by the Commission in 2019.

Advisory Opinion Request 2021-02 (FEN-PAC) The Commission approved an advisory opinion request from the Full Employment Now-Political Action Committee (FEN-PAC), an independent expenditure-only political committee, regarding whether it may use aggregate data about FEN-PAC contributors in communications with members of Congress and Congressional candidates on matters involving legislative and policy issues. The Commission concluded that FEN-PAC’s proposal is permissible because nothing in the Federal Election Campaign Act of 1971, as amended (the Act), or Commission regulations prohibit the proposed use of aggregate contributor data in communications with officeholders or candidates.

Audit Division Recommendation Memorandum on Dr. Raul Ruiz for Congress. The Commission held over to a future meeting discussion of an Audit Division Recommendation Memorandum on Dr. Raul Ruiz for Congress.

Advisory Opinion Request 2021-03 (NRSC and NRCC). The Commission held over discussion of AOR 2021-03 to a future meeting.

Administrative Review Hearing for Jill Stein for President. The Commission held a separate Administrative Review Hearing at the request of the Jill Stein for President Committee (the Committee). The Committee had qualified for partial public funding in connection with Stein’s 2016 campaign for the nomination of the Green Party of the United States. In 2019, the Commission determined that Stein and the Committee must repay $175,272 to the United States Treasury for surplus public matching funds and public matching funds received in excess of entitlement as of the candidate’s date of ineligibility. The Committee has challenged the Commission’s repayment determination.