FEC approves two advisory opinions

WASHINGTON – At its open meeting today, the Federal Election Commission approved an advisory opinion and voted on, but did not approve, another response to an advisory opinion request by the requisite four affirmative votes. Prior to the meeting, the Commission approved by tally vote another advisory opinion and a final determination on eligibility to receive primary election public funds.

Advisory Opinion Request 2022-12 (Ready for Ron) The Commission voted on two drafts of Advisory Opinion Request 2022-12 but did not approve either draft by the requisite four affirmative votes. The requestor, a hybrid, nonconnected political committee that proposes to ask individuals to sign a petition encouraging Governor Ron DeSantis to run for President, had asked whether it may provide this petition and signatory contact information to Governor DeSantis. On September 14, the requestor provided Supplemental Information. The Commission directed the Office of General Counsel to prepare a draft reflecting the areas of consensus. During the discussion, the Commission heard from Counsel for the requestor.

Advisory Opinion 2022-17 (Warren Democrats, Inc.) The Commission approved an advisory opinion in response to a request from Warren Democrats, Inc. (the Committee). The Commission concluded that the Committee may use campaign funds to pay for the costs of reasonable cybersecurity measures to protect Senator Elizabeth Warren’s home network without such payments constituting an impermissible conversion of campaign funds to personal use.

Advisory Opinion 2022-19 (Maggie for NH) On September 14, the Commission approved by tally vote an advisory opinion in response to a request from Maggie for NH, the authorized campaign committee of Senator Maggie Hassan. The Commission concluded that short-code text messages containing links to split-it fundraising pages as described in the request would not be subject to the joint fundraising rules of the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations.

Final Determination on Eligibility to Receive Primary Election Public Funds - Howie Hawkins and Howie Hawkins for Our Future, f/k/a Howie Hawkins 2020 On September 9, the Commission approved by tally vote the Final Determination that Hawkins, a 2020 candidate for U.S. President, is not eligible to receive payments of matching funds because Hawkins could not certify that he was seeking the nomination of a political party in at least two primary elections on the date, more than a year after the general election, on which he presented a threshold submission.