FEC Issues Two Advisory Opinions

WASHINGTON — At its open meeting today, the Federal Election Commission issued two advisory opinions. The Commission discussed and held over a vote on draft technical amendments to Commission regulations and discussion of a proposed statement of policy on disclosure of closed enforcement files and certain other documents.

Advisory Opinion 2016-02 (Enable Midstream Services, LLC) 

The Commission approved an advisory opinion in response to a request from Enable Midstream Services, LLC (Enable), which was formed as part of a joint venture between two publicly traded companies, CenterPoint and OGE Energy, and private investors. The commission concluded that the requestor may form its proposed separate, segregated fund (SSF) and that this SSF will not be affiliated with the separate segregated fund of CenterPoint Energy, Inc. The Commission was unable to agree by the required four affirmative votes on whetherEnable’s SSF would be affiliated with the separate segregated fund of OGE Energy Corporation.

Advisory Opinion 2016-03 (George Holding for Congress, Inc.) 

The Commission approved an advisory opinion in response to a request from George Holding for Congress, Inc., concluding that because a court order and state legislation created a new electoral situation, North Carolina’s June 7, 2016, primary election for the U.S. House of Representatives constitutes a separate election from North Carolina’s March 15, 2016, primary election for the U.S. House of Representatives under the Federal Election Campaign Act of 1971, as amended, and Commission regulations. Accordingly, candidates who participated in both elections are entitled to a separate contribution limit for each.

Draft Final Rule and Explanation and Justification for Technical Amendments to 2015 CFR 

The Commission discussed and held over a vote on technical corrections to various sections of its regulations.

Proposed Statement of Policy Regarding the Public Disclosure of Closed Enforcement Documents 

The Commission held over discussion of two draft documents addressing a proposed statement of policy that would expand the range of records to be made publicly available on a regular basis.