Week of May 21 - May 25, 2018

Commission meetings and hearings

• On May 22, the Commission met in executive session.
  
• On May 24, the Commission held an open meeting.
  

NOTE: The Commission has scheduled an additional open meeting and executive session on June 7.

Advisory opinions

Advisory opinion issued

AO 2018-07 (Mace)

On May 24, the Commission approved an advisory opinion in response to a request from South Carolina State Representative Nancy Mace, concluding that the independent expenditure-only political committee described in the request would be acting as Representative Mace’s agent in making the proposed public communications, and thus may not use contributions from corporations or individuals in amounts above the contribution limits in the Federal Election Campaign Act of 1971, as amended, to pay for such public communications. During the discussion, the Commission heard from Counsel for the Requestor.

Advisory opinion considered

AOR 2018-04 (Conservative Primary LLC)

• On May 21, the Commission concluded its consideration of the request without issuing an opinion. 
  

Enforcement

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

MURs 7013 and 7015 

• COMPLAINANTS: Citizens for Responsibility and Ethics in Washington (CREW) and Noah Bookbinder; Campaign Legal Center; Democracy 21; J. Gerald Hebert; Paul S. Ryan; and Tara Malloy
  
• RESPONDENTS: IGX, LLC (IGX); Andrew Duncan; and Conservative Solutions PAC and Nancy H. Watkins, in her official capacity as treasurer (CSPAC)
  
• SUBJECT: Two complaints alleged that Duncan made a contribution in the name of another through IGX, LLC, a limited liability company for which he is CEO, when he used IGX to make a $500,000 contribution to CSPAC, an independent-expenditure-only committee. The complaints alleged that IGX knowingly permitted its name to be used to make, and CSPAC knowingly accepted, a contribution in the name of another. The complaints also alleged that IGX failed to register and report as a political committee.
  
• DISPOSITION: The Commission found no reason to believe CSPAC knowingly accepted a contribution in the name of another because there is no factual support in the record for the allegation. The Commission found no reason to believe IGX’s contributions had caused it to become a political committee because the record does not indicate that IGX’s major purpose was the nomination or election of federal candidates. The Commission closed the file in connection with the remaining allegations against IGX and Duncan. Vice Chair Ellen L. Weintraub issued a Statement of Reasons.
  

MUR 7246 

• COMPLAINANT: Lisa M. Ring
  
• RESPONDENTS: Earl Leroy “Buddy" Carter; Buddy Carter for Congress and Paul Kilgore, in his official capacity as treasurer (Federal Committee); Friends of Buddy Carter for Senate (State Committee); Millar for Senate; Loudermilk for Congress and Charles Nida, in his official capacity as treasurer; Loudermilk for State Senate; James Ronald Stephens; Committee to Re-Elect Ron Stephens; Jeff E. Mullis; Comm. to Elect Jeff Mullis Ga St. Sen.; Neal Florence; Friends of Neal Florence; David Simons; Simons and Associates, LLC; C. Ellis Black; Ellis Black for State Senate, Inc.; Bruce Lambert Broadrick, Sr.; Friends of Bruce Broadrick for the House
  
• SUBJECT: The complaint alleged that Carter knowingly and willfully transferred $9,000 from the State Committee to the Federal Committee via a reciprocal contribution scheme involving a vendor LLC and other state and federal candidates and their committees. The complaint also alleged that the State Committee made $27,392.82 in impermissible “soft money” disbursements, since Carter had already become a federal candidate by the time they were made, and that the State Committee accepted corporate contributions. Carter was a 2014 candidate for Georgia’s 1^st Congressional District.
  
• DISPOSITION: The Commission found no reason to believe Carter and the State Committee impermissibly transferred funds to the Federal Committee by engaging in a reciprocal contribution scheme in light of specific denials and the lack of additional information indicating the contributions were indirect prohibited transfers. The Commission exercised its prosecutorial discretion in consideration of its priorities and dismissed the allegation that the Federal Committee impermissibly spent soft money after Carter had become a candidate. The Commission observed that the State Committee’s accounts appeared to have contained sufficient federally permissible funds to have covered the expenditure.
  

MUR 7251 

• COMPLAINANT: Will Fowlkes
  
• RESPONDENTS: Barry Loudermilk; Desiree Jean Loudermilk; Loudermilk for Congress and Charles Nida, in his official capacity as treasurer (Federal Committee); Loudermilk for State Senate (State Committee); Earl Leroy "Buddy" Carter; Buddy Carter for Congress and Paul Kilgore, in his official capacity as treasurer ; Lindsey Allen Tippins; Tippins for State Senate; Shultz for Georgia; Leonard Edwin Setzler; Citizens to Elect Ed Setzler; Ralph Hudgens; and Friends of Ralph Hudgens
  
• SUBJECT: The complaint alleged that Barry Loudermilk engaged in a scheme to use funds from his State Committee to contribute to other candidates, who then contributed like sums to Loudermilk’s Federal Committee, thereby serving as conduits for impermissible transfers from his nonfederal to his federal campaign. The complaint also alleged that Loudermilk’s State Committee made impermissible “soft money” disbursements after Loudermilk became a federal candidate by paying Desiree Loudermilk for  “administrative assistance” when she was in fact working on behalf of the Federal Committee, and by making contributions to the other respondent committees. Loudermilk was a 2014 candidate for Georgia’s 11^th Congressional District.
  
• DISPOSITION: The Commission found no reason to believe Loudermilk, the State Committee, the Federal Committee, or the other respondent committees took part in a conduit scheme using reciprocal contributions because there did not appear to be a sufficient factual nexus between the transactions at issue. The Commission also found no reason to believe that the State Committee transferred funds to the Federal Committee through payments to Desiree Loudermilk or that she impermissibly accepted nonfederal funds because the available information did not support the allegation. The Commission exercised its prosecutorial discretion and dismissed the allegation that the State Committee made impermissible contributions with nonfederal funds. The Commission observed the small amount at issue, including at least $1,050 in permissible funds.
  

Alternative dispute resolution

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

ADR 857

• COMPLAINANT: FEC-Initiated
  
• RESPONDENTS: Minnesota Democratic Farmer Labor Party and Tyler Moroles in his official capacity as treasurer
  
• SUBJECT: The Committee failed to disclose $229,415.93 in financial activity on its original 2016 Year-End Report filed on January 31, 2017.
  
• DISPOSITION: The Committee agreed to pay a civil penalty of $2,500.
  

Rulemaking and agency procedures

• REG 2018-01. On May 23, the Commission made public the comments received in response to the Notice of Availability of the Petition for Rulemaking that asks the Commission to revise and amend the existing rules concerning the personal use of campaign funds, specifically to clarify the application of those rules to former candidates and officeholders.
  
• Rulemaking Proposal to Combat Foreign Influence in U.S. Elections. On May 24, the Commission discussed a proposal to reconsider a rulemaking to protect future U.S. elections from foreign interference, but was unable to approve two motions on the proposal by the required four affirmative votes. Vice Chair Weintraub issued a Statement.
  

Outreach

• On May 23, Vice Chair Weintraub discussed the role and work of the Commission with students from Villanova University.
  
• On May 21, Commissioner Steven T. Walther met with the leadership team from the Organization for Security and Cooperation in Europe and its Office of Democratic Institutions and Human Rights to discuss their election observation mission for the 2018 midterm elections.
  

Educational outreach

On May 23, the Commission hosted a Webinar for trade associations and their political action committees. Additional information is available on the Educational Outreach page of the Commission website.

Adoption of Forty Year Report. On May 24, the Commission discussed the publication of a draft report chronicling the agency’s first four decades. Commissioner Walther proposed revising the draft and re-introducing it at the next public meeting.

Press releases

• FEC approves advisory opinion (published May 24)
  

Upcoming Commission meetings and hearings

•  June 7, 2018: The Commission is scheduled to hold an open meeting and meet in executive session.
  
• June 26, 2018: The Commission is scheduled to meet in executive session.
  
• June 28, 2018: The Commission is scheduled to hold an open meeting.
  

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

Upcoming reporting due dates

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

The Commission has posted the filing deadlines for the Special election in Texas’ 27^th Congressional District. For information on reporting dates for this election, refer to the Special Election Report Notice.

Upcoming educational programs

• On June 6, the Commission will host a webinar for membership and labor organizations and their political action committees (PACs).
  

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.