FEC approves advisory opinion, holds over advisory opinion request, holds audit hearing

WASHINGTON – At its open meeting today, the Federal Election Commission approved an advisory opinion and discussed and held over an advisory opinion request. The Commission also held an audit hearing.

Advisory Opinion 2021-10 (Retail Benefits, Inc.) The Commission unanimously approved an advisory opinion in response to a request from Retail Benefits, Inc. (RBI), which provides customized software for organizations to use in offering loyalty programs to their customers and supporters. RBI proposed to provide a similar service to political committees to use for fundraising purposes. The Commission concluded that RBI’s proposal is permissible under the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations, and that RBI’s proposed activities will not subject RBI to reporting requirements under the Act or Commission regulations.

Advisory Opinion 2021-12 (Congressman Adam Schiff and Schiff for Congress) The Commission voted on two drafts of an advisory opinion in response to a request from Congressman Adam Schiff and Schiff for Congress (the Committee), in which Schiff and the Committee presented alternative proposals for renting the Committee’s email list in connection with promoting a book written by Schiff. Neither draft garnered the four votes necessary for approval and the Commission asked the Office of General Counsel to prepare a third draft based on the discussion at the table. During the discussion, the Commission heard from Counsel for the Requestor.

Draft Advisory Opinion 2021-11 (DSCC and DCCC). The Commission held over discussion of Advisory Opinion Request 2021-11, concerning use of short code text messages by political committees, to a future open meeting.

Draft Final Audit Report of the Audit Division on Mike Braun for Indiana. The Commission held an audit hearing on proposed findings in the Draft Final Audit Report on Mike Braun for Indiana.