FEC discusses advisory opinion drafts, motion to amend directive, proposed statement of policy

WASHINGTON – The Federal Election Commission today discussed two drafts of an advisory opinion, a motion to amend a Commission directive governing quarterly status reports to the Commission, and a draft Statement of Policy regarding the disclosure of Commission votes relating to litigation matters.

Advisory Opinion Request 2021-06 (Rep. Robin Kelly/Democratic Party of Illinois) The Commission discussed two drafts of an advisory opinion in response to a request from Rep. Kelly and the Democratic Party of Illinois and held over the request to the next open meeting. Rep. Kelly was elected chair of the Democratic State Central Committee, which governs the Democratic Party of Illinois. Requestors ask whether adopting certain governance structures would permit Rep. Kelly to serve in her position as Chair without precluding the Democratic Party of Illinois from raising and spending non-Federal funds in amounts and from sources prohibited by the Federal Election Campaign Act of 1971, as amended (the Act), but permitted under Illinois law. The Commission heard from counsel for the requestors. The Commission received a comment on the drafts from the Congressional Black Caucus PAC.

Motion to Amend Directive 68 to Include Additional Information in Quarterly Status Reports to Commission The Commission discussed and held over a motion to amend Directive 68 to expand and clarify the quarterly status of enforcement reports concerning matters pending before the Commission.

Proposed Statement of Policy Regarding the Disclosure of Vote Certifications Relating to Litigation The Commission discussed but was unable to agree by four votes on a proposed Statement of Policy to establish the regular publication and disclosure of Commission votes relating to litigation matters involving the Commission.