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Federal Election Commission | United States of America
  • Press Release

FEC discusses advisory opinion request

August 11, 2021

WASHINGTON – The Federal Election Commission today voted on two draft advisory opinions but was unable to reach consensus.

Advisory Opinion Request 2021-08 (Fitzgerald). The Commission discussed and voted on two draft advisory opinions in response to a request from Congressman Scott Fitzgerald but was unable to reach consensus by the required four affirmative votes. The requestor asked whether his state campaign committee and federal leadership PAC are affiliated committees under the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations and if so, whether the leadership PAC may receive unlimited transfers of funds from the state committee, provided that such funds comply with the source prohibitions and contribution limitations of the Act and Commission regulations. The requestor also asked whether, if the proposed transfers were permissible, the state committee would be required to notify its contributors that their contributions were subject to the applicable source prohibitions and contribution limitations at the time such transfers were made.

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

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FEC approves advisory opinion, Notification of Availability

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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.