Week of July 23– July 27, 2018

Commission meetings and hearings

No executive sessions or open meetings were scheduled this week.

Advisory Opinions

Drafts

Advisory Opinion Request 2018-08 (Congressman Darrell Issa)

On July 25, the Commission made public a draft of AO 2018-08. Congressman Issa asks several questions concerning the repayment of a candidate’s loan to a principal campaign committee.  

Advisory Opinion Request 2018-10 (United Utah Party Candidate Committee) 

On July 26, the Commission made public a draft of AO 2018-10. The requestor asks whether it qualifies as a state political party committee.

Enforcement

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

MUR 6858

• COMPLAINANT: Delmin Garcia, President, Virgin Islands for Plaskett
  
• RESPONDENTS: Shawn Michael Malone; Malone People Action Committee-Delegate and
  
• Glenridge A. Pole, in his official capacity as treasurer (the Committee); and Marcellino Ventura
  
• SUBJECT: The complaint alleged that the Committee used government resources in the form of involuntary prisoner labor to prepare for a campaign event. The complaint also alleged that the Committee used non-federal resources available to Malone as President of the Virgin Islands Territorial Legislature (VI Senate) to support his federal campaign. Malone was a 2014 candidate for Delegate to the U.S. House of Representatives from the U.S. Virgin Islands.
  
• DISPOSITION: On June 8, 2017, the Commission found reason to believe the Committee violated the Federal Election Campaign Act of 1971, as amended (the Act), by failing to report an in-kind contribution resulting from the use of Virgin Islands government resources in the form of involuntary prisoner labor. On June 28, 2018, the Commission voted to take no further action against the respondents.

MUR 6860

• COMPLAINANT: Lon Johnson, Michigan Democratic Party; FEC-Initiated; and Self-Initiated
  
• RESPONDENTS: Terri Lynn Land for Senate and Kathy Vosburg, in her official capacity as treasurer (the Committee); Terri Lynn Land; and Dan Hibma
  
• SUBJECT: The complaint alleged that  (1) Land lacked sufficient personal funds to make $2.9 million in personal contributions to the Committee,  (2) Personal Financial Disclosure Reports filed with the United States Senate reflected only about $1.3 million in liquid assets and estimated income, and (3) any portion of Land’s $2.9 million in contributions that was not from her personal funds constituted excessive contributions. Additionally, Land and the Committee disclosed that $700,000 in contributions Land made to her campaign were wired by Hibma, her spouse, on the day Land made the contributions. Land was a 2014 candidate for Michigan’s U.S. Senate seat.
  
• DISPOSITION: The Commission found reason to believe Hibma made and Land and the Committee accepted excessive contributions. The Commission entered into a conciliation agreement providing for Hibma, Land and the Committee to pay a civil penalty of $66,000.
  

Litigation

• FEC v. Johnson, et al. (Case No. 2:15-cv-00439). On July 26, defendant John Swallow filed a Motion for Partial Final Judgment in the U.S. District Court for the District of Utah, Central Division.
  

Administrative Fines

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

AF 3351

Paula Swearengin 2018 and Teri Dalton, in her official capacity as Treasurer. The Commission voted to terminate the proceedings as a ministerial vote to close the file.

Alternative Dispute Resolution

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

ADR 847

• COMPLAINANT: Self-Initiated
  
• RESPONDENT: CVS Health PAC and Laura Hawxhurst in her official capacity as treasurer (the Committee)
  
• SUBJECT: The Committee disclosed that it had understated its ending cash-on-hand balance by $9,510.30 on its 2016 Year-End Report.
  
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter. The Commission noted the low dollar amount at issue.
  

ADR 860

• COMPLAINANT: FEC-Initiated
  
• RESPONDENTS: Edward Jones PAC and Jesse Hill in his official capacity as treasurer (the Committee)
  
• SUBJECT: The Committee failed to disclose all financial activity on its 2015 Year-End Report, originally filed on January 31, 2016. On October 14, 2016, the Committee filed an Amended 2015 Year-End Report including $130,650.00 in additional receipts.
  
• DISPOSITION: The Committee agreed to certify that a representative of the Committee participated in an FEC conference, webinar or other program developed in consultation with the FEC’s Information Division and to pay a $4,000 civil penalty.
  

ADR 866

• COMPLAINANT: FEC-Initiated
  
• RESPONDENTS: Conservatives United and Eric Robinson in his official capacity as treasurer (the Committee)
  
• SUBJECT: The Committee failed to disclose all financial activity on its 2016 October Quarterly Report, originally filed on August 16, 2016. On June 15, 2017, the Committee filed an Amended 2016 October Quarterly Report including $73,238.64 in additional disbursements.
  
• DISPOSITION: The Committee agreed to certify that a representative of the Committee participated in an FEC conference, webinar or other program developed in consultation with the FEC’s Information Division and to pay a civil penalty of $2,650.
  

ADR 867

• COMPLAINANT: FEC-Initiated
  
• RESPONDENT: Working for Us Political Action Committee, Inc. and Steven Rosenthal in his official capacity as treasurer (the Committee)
  
• SUBJECT: The Committee failed to file a timely 24-Hour Report to support four independent expenditures it made, totaling $88,508.48, disclosed on the 2016 July Quarterly Report.
  
• DISPOSITION: The Committee agreed to certify implementation of a procedure by which all independent expenditure reporting is reviewed by an additional staff member prior to filing and to pay a civil penalty of $6,600.
  

ADR 870

• COMPLAINANT: FEC-Initiated
  
• RESPONDENTS: Eugene Ludwig*
  
• SUBJECT: Ludwig failed to file a 24-Hour Report totaling $49,462.21 to support two independent expenditures disclosed on the 2016 Year-End Report. 
  
• DISPOSITION: The respondent agreed to consult with campaign finance specialists to ascertain his legal obligations prior to making any future independent expenditure or electioneering communication and to pay a civil penalty of $3,700.
  

Upcoming Commission meetings and hearings

• July 31, 2018: The Commission is scheduled to meet in executive session.
  
• August 2, 2018: The Commission is scheduled to hold an open meeting.
  
• August 7, 2018: The Commission is scheduled to meet in executive session.
  

Meeting dates are subject to change. Please contact the Press Office the week of the scheduled meeting for confirmation.

Outreach

• On July 26, Vice Chair Ellen L. Weintraub discussed campaign finance disclosure rules and the role of the Commission with a delegation representing Kenyan political parties.
  

Rulemakings and agency procedures

• The Commission made public transcripts from its hearing of June 27-28, 2018, where 18 experts offered testimony on a Notice of Proposed Rulemaking (NPRM) regarding internet communication disclaimers. The transcript for Day 1 (June 27) is available here and the transcript for Day 2 (June 28) is available here. The Commission is considering proposals for a rulemaking to amend the definition of “public communication” and regulations concerning disclaimers on public communications on the internet that contain express advocacy, solicit contributions, or are made by political committees. The Commission received over 165,800 public comments and signatories to others’ comments on the NPRM, which are available here.
  
• On July 26, Chair Caroline C. Hunter, Vice Chair Weintraub and Commissioner Steven T. Walther attended an information session at the Commission on the Digital Alliance’s PoliticalAd signifier and icon.
  

Upcoming reporting due dates

• August 20: August Monthly Reports are due. For more information on monthly reporting dates, refer to the 2018 Monthly Reporting page of the Commission website.
  

Upcoming Educational Outreach

• Additional information is available on the Educational Outreach page of the Commission website.
  

Additional research materials

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

Printed copies of the 2018 edition of Title 11 of the Code of Federal Regulations (CFR) are now available. Contact the Commission's Information Division at (202) 694-1100 or (800) 424-9530 (press 6, when prompted) to order printed copies of the CFR at no charge. You may also email the Information Division to place an order at info@fec.gov.

The 2017 Campaign Guide for Corporations and Labor Organizations is available. Other Campaign Guides are available, as well.

The 2018 Congressional Primary Election Dates list is available.

Federal Elections 2016: Election Results for the U.S. President, the U.S. Senate and the U.S. House of Representatives is available. The data was compiled from the official vote totals published by state election offices. To order a printed copy, please contact the FEC’s Public Records Office at 800/424-9530 (option 2) or 202/694-1120, or send an email to pubrec@fec.gov.

The 2017 edition of the Combined Federal State Disclosure and Election Directory is available. 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.

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.

* The respondents’ list for ADR 870 has been corrected.