FEC approves advisory opinion, Notifications of Availability, and Audit Division Recommendation Memorandum

WASHINGTON – At its open meeting today, the Federal Election Commission approved an advisory opinion, three Notifications of Availability, and an Audit Division Recommendation Memorandum.

Advisory Opinion Request 2019-14 (Arizona Libertarian Party)

The Commission approved an advisory opinion request from the Arizona Libertarian Party (AZLP), concluding that the requestor may transfer funds to the National Libertarian Party but that the transfer would cause AZLP to exceed the monetary threshold requiring the AZLP to register and report as a political committee.

Advisory Opinion Request 2019-10 (Price for Congress)

The Commission discussed four draft advisory opinions in response to an advisory opinion request from Price for Congress, the principal campaign committee of former Representative Dr. Thomas Price, but was unable to reach consensus by the required four affirmative votes. The requestor asked whether it may contribute committee assets to a non-profit organization and whether that organization may engage in certain activities if Dr. Price will serve as its president and CEO. During the discussion, the Commission heard from counsel for the requestor.

REG 2019-02 (Amend 11 C.F.R. § 104.5(c)) – Notification of Availability

The Commission approved a Notification of Availability seeking comment on whether the Commission should initiate a full rulemaking on a proposal to require any unauthorized committee that starts an election year as a quarterly filer to maintain that status through any primary elections in which the committee is involved.

REG 2019-03 (Mailing List Exchange) – Notification of Availability

The Commission approved a Notification of Availability seeking comment on whether the Commission should initiate a full rulemaking on a proposal to amend 11 C.F.R. § 104.3 to clarify that a political committee’s receipt or disbursement of a membership or other valuable list must be reported, even when the list was received or disbursed as part of a purported equal value list swap.

REG 2019-04 (Reporting Segregated Party Accounts) – Notification of Availability

The Commission approved a Notification of Availability seeking comment on whether the Commission should initiate a full rulemaking on a proposal to promulgate rules to specifically require reporting of receipts and disbursements of the accounts created by the Consolidated and Further Continuing Appropriations Act, 2015.

Audit Division Recommendation Memorandum on the South Dakota Democratic Party

The Commission approved an Audit Division Recommendation Memorandum on the South Dakota Democratic Party, covering campaign finance activity between January 1, 2015 and December 31, 2016. The Commission approved findings relating to misstatement of financial activity (increased activity), contributions from unregistered organizations, and reporting of debts and obligations.

Internet Ad Disclaimers Rulemaking Proposal for REG 2011-02 (Internet Communication Disclaimers and Definition of “Public Communication”)

The Commission discussed the status of the Internet Ad Disclaimers Rulemaking.