FEC approves three advisory opinions, an interim final rule, and a request for public comment

WASHINGTON – At its open meeting today, the Federal Election Commission approved three advisory opinions, an interim final rule and a Federal Register notice requesting public comment on a rulemaking.

Draft Advisory Opinion 2022-11 (State Democracy Defenders PAC) The Commission approved an advisory opinion in response to a request from State Democracy Defenders PAC (SDD PAC). The Commission concluded that state party committees and their chairs may solicit and direct nonfederal funds to SDD PAC’s non-contribution account as proposed in the request because SDD PAC is a political committee as defined in 11 C.F.R. § 100.5.

Draft Advisory Opinion 2022-15 (Harley Rouda and Harley Rouda for Congress) The Commission approved an advisory opinion in response to a request from Harley Rouda for Congress (the Committee) and Rouda to reinstate loans that Rouda forgave and to repay those loans with Committee funds on hand or raised after the advisory opinion to retire the reinstated debt, in light of the U.S. Supreme Court’s decision in Federal Election Commission v. Ted Cruz for Senate. The advisory opinion also provides guidance on how to report the loan reinstatement. The Commission received three comments on the draft advisory opinion.

Draft Advisory Opinion 2022-16 (DSCC and DNC) The Commission approved an advisory opinion in response to a request from the DSCC and DNC (the Committees), regarding their proposed retention and use of contributions that were untimely deposited into the Committees’ bank accounts by a vendor. The Commission concluded that the Committees may retain and use the late deposited contributions because the delay in depositing them resulted from events that were outside of the Committees’ and the vendor’s control, the Committees took prompt remedial action after discovering the untimely deposits, and there was no evidence that the failure was intentional.

REG 2022-03: Interim Final Rule for Candidate Loan Repayment The Commission approved an interim final rule for candidate loan repayment to remove regulatory restrictions on authorized committees’ repayment of candidate personal loans in light of the Supreme Court decision in Federal Election Commission v. Ted Cruz for Senate, which held that the statutory provision implemented by those regulations is unconstitutional. The Commission is requesting public comment on the proposed revisions within 30 days after the interim final rule is published in the Federal Register. Commissioner Sean J. Cooksey issued a Statement.

REG 2013-01 (Technological Modernization): Request for Additional Comment The Commission approved a Federal Register notice requesting additional public comments on previously proposed rules that would modernize the agency’s regulations in light of technological advances in communications, recordkeeping, and financial transactions, and that would eliminate and update references to outdated technologies and address similar technological issues. The Commission is requesting public comment on the proposed revisions within 30 days after the notice is published in the Federal Register.

Advisory Opinion Request 2022-12 (Ready for Ron) The Commission held over discussion of Advisory Opinion Request 2022-12. The requestor, a hybrid, nonconnected political committee that proposes to ask individuals to sign a petition encouraging Governor Ron DeSantis to run for President, asks whether it may provide this petition and signatory contact information to Governor DeSantis. On August 29, the requestor submitted a comment and granted an extension of time.