FEC approves advisory opinion, Memorandum of Understanding with Department of Justice

WASHINGTON – At its open meeting today, the Federal Election Commission approved an advisory opinion and a new Memorandum of Understanding with the Department of Justice. The Commission also approved a motion instructing the Press Office to decline to confirm or deny the agency’s receipt of complaints.

Advisory Opinion 2023-01 (U.S. Representative Nanette Diaz Barragán) The Commission approved an advisory opinion in response to a request from Rep. Barragán. The Commission concluded that the proposed use of campaign funds for certain travel expenses as outlined in the request is permissible under the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations because the expenses are ordinary and necessary expenses incurred in connection with Rep. Barragán’s duties as a federal officeholder. During the discussion, the Commission heard from Counsel for the requestor.

Memorandum of Understanding between the Commission and Department of Justice and Accompanying Federal Register Notice The Commission approved a Memorandum of Understanding (MOU) with the Department of Justice and the accompanying draft Federal Register Notice. The MOU repeals and supersedes the MOU the Commission and the Department of Justice approved in 1978. Commissioner James E. “Trey” Trainor, III issued a Statement.

Press Office Acknowledgement of Complaints The Commission voted to direct the Press Office to decline to either confirm or deny the agency’s receipt of complaints in response to future inquiries. The Commission received two comments in connection with the agenda item.

Audit Division Recommendation Memorandum on Latinos for America First The Commission held over an Audit Division Recommendation Memorandum on Latinos for America First, covering campaign finance activity from January 1, 2019 to December 31, 2020.

Audit Process for Committees That Do Not Receive Public Funds The Commission held over to a future open meeting discussion of the audit process for committees that do not receive public funds.