Week of August 14 – August 18, 2017

Commission meetings and hearings

• On August 15 and 17, the Commission held an executive session.
• On August 17, the Commission held an open meeting.

Advisory opinions

Advisory opinion issued

Advisory Opinion 2017-08 (Point Bridge Capital)

On August 17, the Commission approved an advisory opinion in response to a request from Point Bridge Capital, LLC. The Commission concluded that the requestor’s proposed index of publicly traded securities and exchange traded fund based on that index would be permissible under the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations and that the requestor would not be required to file any reports with the Commission. During the discussion the Commission heard from counsel for the requestor.

Advisory opinion considered

Advisory Opinion Request 2017-06 (Stein/Gottlieb)

On August 17, the Commission discussed two drafts of an advisory opinion request from Eli Stein and Jeremy Gottlieb and held over a vote. The requestors ask several questions about a proposed app that would allow users to round up spare change from the user’s debit or credit card transactions and contribute those amounts to candidates for federal office. During the discussion the Commission heard from counsel for the requestors.

Enforcement

The Commission made public two closed cases, as follows. For more information, see the case documents in the Enforcement Query System.

MUR 6713

• COMPLAINANT: Citizens for Responsibility and Ethics in Washington
  
• RESPONDENTS: Sherry L. Huff; Carey Vaughn Brown; Account Pros, Inc.; Credit Protection Depot; Credit Payment Services; Energy Way Corp.; Republican Union PAC and James Harmon, in his official capacity as treasurer (the PAC); and James Harmon in his individual capacity
  
• SUBJECT: The complaint alleged that Brown, Account Pros, Inc., Credit Protection Depot, Credit Payment Services, Energy Way Corp., or another company owned or controlled by Brown knowingly and willfully made a $1 million contribution to the PAC in Huff’s name. The complaint alleged further that Huff knowingly permitted her name to be used to make the contribution and that the PAC and Harmon personally and in his official capacity as treasurer knowingly accepted the illegal contribution.
  
• DISPOSITION: The Commission found no reason to believe the respondents violated the Act, because the available information indicated that Huff was the true source of the contribution.
  

MUR 7162

• COMPLAINANT: Steven D. Barnes
  
• RESPONDENTS: Rep. John L. Mica; and Mica for Congress and W. Edward Langdon, in his official capacity as treasurer (the Committee)
  
• SUBJECT: The complaint alleged that Mica and the Committee failed to comply with the stand-by-your-ad disclaimer requirements for a television advertisement they approved and sponsored. Mica was a 2016 candidate for Florida’s 7th Congressional District.
  
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in consideration of Commission priorities. The Commission observed that the alleged violation was technical in nature, the ad contained a spoken stand-by-your ad statement and the Committee took swift corrective action.
  

Administrative fines

The Commission made public 29 campaign finance enforcement matters that were resolved through its Administrative Fines (AF) program, as follows. For more information, see the case documents in the Enforcement Query System.

AF 3286

Adrian Garcia for Congress and Monica Garcia, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $231.

AF 3287

America Comes First PAC and David W. Schamens, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $7,641.

AF 3288

Angel Rosa Comisionado Residente and Elisamuel Rivera, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $177.

AF 3289

Bruce Davis for U.S. Congress and Glenda Clark, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $654.

AF 3290

Citizens Super PAC for America (CSPAC) and Siddiq Mumin, in his official capacity as treasurer. The Commission made a final determination and assessed no civil money penalty.

AF 3291

Claitor for Congress and Chelsea Bonnecaze, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $15,630.

AF 3292

Committee to Elect J.D. Winteregg and Joseph Winteregg, in his official capacity as treasurer. The Commission made a final determination and assessed no civil money penalty.

AF 3293

Dan Cox for Congress and Daniel Razvi, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $117.

AF 3294

Eugene for Congress and Eric Yu, in his official capacity as treasurer. The Commission made a final determination and assessed no civil money penalty.

AF 3295

Fiore for Congress and Andrea Schulein, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $7,641.

AF 3296

Fresno County Democratic Women’s Club/Democrats in Action and Sharlyn Woody, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $490.

AF 3297

Friends of Matt Detch and Michael Beale, in his official capacity as treasurer. The Commission made a final determination and assessed a civil money penalty of $1,176.

AF 3299

Frozen Food Political Action Committee and Brandon Partridge, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $407.

AF 3300

Gallagher for New York and Michael Gallagher, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $326.

AF 3301

Great Lakes Super Political Action Committee and Dwight Washington, in his official capacity as treasurer. The Commission made a final determination and assessed no civil money penalty.

AF 3303

Khary for Congress and Susan Hotz, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,176.

AF 3305

Maxwell for Congress and Chip Maxwell, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,176.

AF 3306

Pamela Keith for Senate 2016 and Pamela Keith, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $326.

AF 3307

Pellerin for U.S. Senate, LLC and Jennifer May, in her official capacity as treasurer. The Commission made a final determination and assessed no civil money penalty.

AF 3308

Peninsula Democratic Coalition and Zachery Ross, in his official capacity as treasurer. The Commission made a final determination and assessed a civil money penalty of $113.

AF 3309

Plumbers and Pipefitters Local Union 74 and Michael B. Hackendorn, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $222.

AF 3310

Pride Fund To End Gun Violence and Jason Lindsay, in his official capacity as treasurer. The Commission made a final determination and assessed a civil money penalty of $654.

AF 3311

Rich Ashooh Committee and Richard J. Maloney, in his official capacity as treasurer. The Commission made a final determination and assessed no civil money penalty.

AF 3313

Sue Googe for Congress and Tracy Painter Perina, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $654.

AF 3314

Swing States for a Conservative White House PAC, Inc. and the Office of Treasurer. The Commission made a final determination and assessed a civil penalty of $1,470.

AF 3315

Taddeo for Congress and Ralph Patino, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $6,793.

AF 3316

Taylor Griffin for Congress and Taylor Griffin, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $6,252.

AF 3317

The Candidate Billy Davis Inc. and Billy Davis, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $4,688.

AF 3318

The Democratic Coalition and Francesca N. Lucia, in her official capacity as treasurer. The Commission made a final determination to assess a civil penalty of $4,688.

Audits

Final Audit Report of the Commission on the American Financial Services Association PAC

On August 15, the Commission issued the Final Audit Report of the Commission on the American Financial Services Association PAC, covering financial activity between January 1, 2013, and December 31, 2014. The Commission approved findings related to the misstatement of financial activity and excessive contributions made to federal candidates.

Audit Division Recommendation Memorandum on the Illinois Republican Party

On August 17, the Commission approved four findings in an Audit Division Recommendation Memorandum on the Illinois Republican Party, covering activity between January 1, 2011, and December 31, 2012. The approved findings related to the misstatement of financial activity, recordkeeping for communications, reporting of debts and obligations, and recordkeeping for employees. The Commission rejected two other findings related to the reporting of apparent independent expenditures and the receipt of apparent prohibited in-kind contributions.

Litigation

• CREW, et al. v. FEC (Case 1:17-cv-01576). On August 4, the Center for Responsibility and Ethics in Washington and Noah Bookbinder filed a Complaint for Injunctive and Declaratory Relief in the United States District Court for the District of Columbia.
• Lieu, et al. v. FEC (Case 1:16-cv-02201-EGS). On August 16, Plaintiffs filed an Opposition to Commission's Motion to Dismiss in the United States District Court for the District of Columbia.
• Level the Playing Field, et al. v. FEC (Case 1:15-cv-01397-TSC). On August 11, Plaintiffs filed an Amended Supplemental Complaint for Declaratory and Injunctive Relief in the District Court for the District of Columbia.
  

Press releases

• FEC Approves Findings in an Audit Division Recommendation Memorandum and Issues an Advisory Opinion (issued August 17)
  

Upcoming Commission meetings and hearings

• September 12: The Commission is scheduled to hold an executive session.
• September 14: The Commission is scheduled to hold an open meeting and executive session.
• Meeting dates are subject to change. Please contact the Press Office the week of the scheduled meeting for confirmation.

Join the FEC on Twitter and YouTube

Follow @FEC on Twitter to receive the latest information on agency updates, news releases, and weekly activity. Subscribe to our YouTube channel, FECTube: FECConnect on Demand, to watch instructional videos that have been designed to help candidates and committees comply with federal campaign finance laws. Note that the FEC is not currently available through other social media platforms at this time. The use of the agency’s logo, name, and likeness on other mediums has not been authorized by the FEC.

Upcoming educational programs

August 30-31: Chicago Regional Conference for candidates, parties and separate segregated funds. Additional information is available on the Educational Outreach page of the Commission website.

Upcoming reporting due dates

August 20: August Monthly Reports are due. For more information on monthly reporting dates, refer to the 2017 Monthly Reporting page of the Commission website.

Additional research materials

The Official 2016 Presidential General Election Results are available in the Library section of the website. This listing was compiled from the official vote totals published by state election offices.

Additional research materials about the agency, campaign finance information, and election results are available through the Library section of the Commission website.

The 2017 edition of the Combined Federal State Disclosure and Election Directory is available on the new Commission website. This publication identifies the federal and state agencies responsible for the disclosure of campaign finances, lobbying, personal finances, public financing, candidates on the ballot, election results, spending on state initiatives and other financial filings.

The FEC Record is available as a continuously-updated online news source.

The 2017 edition of Title 11 of the Code of Federal Regulations can be downloaded from the website. To order printed copies, call (800) 424-9530 (press 6) or send an email to info@fec.gov.