FEC approves advisory opinion request

WASHINGTON – At its open meeting today, the Federal Election Commission approved an advisory opinion request and directed the Office of General Counsel to draft a Notice of Proposed Rulemaking.

Advisory Opinion 2021-03 (NRSC and NRCC) The Commission approved an advisory opinion in response to a request from the National Republican Senatorial Committee and National Republican Congressional Committee. The Commission concluded that the use of campaign funds for bona fide, legitimate, professional personal security personnel against threats arising from the members’ status as officeholders, as proposed in the request, is a permissible use of campaign funds under the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations. The Commission voted unanimously to instruct the Office of General Counsel to draft a Notice of Proposed Rulemaking in connection with the use of campaign funds for personal security. During the discussion, the Commission heard from one of the Requestors and Counsel for the Requestors.

Advisory Opinion Request 2021-01 (Aluminate, Inc.) The Commission voted on two draft advisory opinions in response to a request from Aluminate, Inc. but was unable to reach consensus by the required four affirmative votes. The requestor asked whether it may use certain data from FEC reports in providing services to universities, colleges, and not-for-profit organizations. During the discussion, the Commission heard from the Requestor.

Audit Division Recommendation Memorandum on Dr. Raul Ruiz For Congress The Commission voted not to approve an Audit Division Recommendation Memorandum on Dr. Raul Ruiz for Congress (the Committee), covering campaign finance activity between January 1, 2017 and December 31, 2018. The Commission did not approve findings on misstatement of financial activity and personal use of campaign funds. The Commission noted the Committee’s response to the draft.

Proposed Modifications to Program for Requesting Consideration of Legal Questions by the Commission The Commission held over discussion of a draft Policy Statement outlining two modifications to the Commission’s informal resolution process and to its timetable for responding to such requests under the nearly 10-year-old program providing a means for persons and entities to have the Commission consider a legal question earlier in the campaign finance report review process and the audit process.

Proposed Final Audit Report on the Mississippi Republican Party Prior to the meeting, the Commission approved by tally vote the Proposed Final Audit Report on the Mississippi Republican Party, covering campaign finance activity between January 1, 2015 and December 31, 2016. The Commission approved findings relating to misstatement of financial activity and the reporting of debts and obligations.