FEC approves two advisory opinions, certification of payment from the Presidential Election Campaign Fund

WASHINGTON – At its open meeting today, the Federal Election Commission approved two advisory opinions but was unable to approve a third by the required four votes. Prior to the meeting, the Commission approved certification of a payment from the Presidential Election Campaign Fund.

Advisory Opinion 2024-09 (U.S. Representative Nanette Barragán and Barragán for Congress) The Commission approved an advisory opinion, concluding that Congresswoman Barragán may use campaign funds to pay certain eldercare expenses to the extent that they are incurred as a direct result of her campaign activity for her own campaign. The Commission also concluded that Congresswoman Barragán may use campaign funds to pay certain eldercare expenses she incurs when she is traveling for official business for a Congressional Member Delegation or in Washington, D.C. to cast votes in Congress. The Commission received one comment on the three draft advisory opinions considered.

Advisory Opinion Request 2024-13 (DSCC, Montanans for Tester, and Gallego for Arizona) The Commission voted on two draft advisory opinions in response to a request concerning the requestors’ proposed formation of two joint fundraising committees, each comprised of the DSCC and one authorized committee. Each joint fundraising committee proposed to run television ads featuring the participating candidate and soliciting contributions to the joint fundraising committees. Neither draft received the required four affirmative votes. The Commission concluded its consideration of the request without issuing an opinion. During the discussion, the Commission heard from Counsel for the requestors.

Advisory Opinion 2024-14 (DSCC and Rosen for Nevada) The Commission approved an advisory opinion, subject to edits discussed at the table, in response to a request concerning hybrid television ads that clearly identify Senator Jacky Rosen and equally promote on a time/space basis her candidacy for U.S. Senate and generic candidates of the Democratic Party. The Commission concluded that DSCC and Rosen for Nevada may evenly split the cost of the ads so long as the time and space devoted to Senator Rosen do not exceed the time and space in the advertisement devoted to the generically referenced candidates. The Commission also concluded that the portions of a hybrid advertisement featuring Senator Rosen, a clearly identified federal candidate, narrating or speaking directly to the camera, should be allocated as candidate advocacy. The Commission received three comments on the five draft advisory opinions under consideration. During the discussion, the Commission heard from Counsel for the requestors.

Certification for Payment of Presidential Primary Matching Funds (Mike Pence/Mike Pence for President) Prior to the meeting, the Commission voted to certify to the Secretary of Treasury a payment of $113,232.74 from the Presidential Election Campaign Fund to Mike Pence, formerly a candidate for the Republican presidential nomination, and his committee, Mike Pence for President.

Proposed Rulemaking on 11 C.F.R. §100.26 (Internet Exemption) The Commission held over discussion of a proposal to direct the Office of General Counsel to draft a Notice of Proposed Rulemaking to consider whether to revise the Commission’s regulation at 11 C.F.R. § 100.26 to delineate the scope of that regulation with respect to input costs.

REG 2024-06 (Requests to Modify or Redact Contributor Info): Draft Notice of Proposed Rulemaking The Commission held over consideration of the draft Notice of Proposed Rulemaking to a future meeting.