Week of May 7 - May 11, 2018

Commission meetings and hearings

• May 8, 2018: The Commission met in executive session.
  
• May 10, 2018: The Commission held an open meeting and met in executive session.
  

Advisory opinions

Advisory opinion issued

Advisory Opinion 2018-06 (Liuba for Congress)

On May 10, the Commission voted to approve an advisory opinion in response to a request from Liuba for Congress (the Committee). The Commission concluded that the Committee may use campaign funds to pay for child care expenses incurred for the care of a federal candidate’s minor children, to the extent those expenses are incurred as a direct result of the candidate’s campaign activities, because such expenses would not exist irrespective of the candidate’s election campaign. On May 9, the Commission received a comment on the request in addition to two previously submitted.  During the discussion, the Commission heard from the requestor.

Advisory opinion considered

Advisory Opinion Request 2018-04 (Conservative Primary LLC) 

On May 10, the Commission discussed and voted on two drafts of an advisory opinion in response to a request from Conservative Primary LLC. Both drafts conclude some of the ads proposed in the request would be independent expenditures and one or more of the other ads would be electioneering communications under certain circumstances; that the ads may contain links to candidate websites; and that Conservative Primary’s customers would not constitute a political committee.  The drafts differ in their responses to the remaining questions, concerning whether customers’ payments to Conservative Primary would be contributions and whether Conservative Primary would constitute a political committee.  The Commission was unable to approve either draft by the required four affirmative votes, but instructed the Office of General Counsel to circulate a draft advisory opinion that would respond to the requestor’s questions on which there is agreement among the Commissioners. On May 10, the Commission received a one-week Extension of Time.

Request received

Advisory Opinion Request 2018-07 (Mace)

On May 11, 2018, the Commission made public Advisory Opinion Request 2018-07 (Mace). Nancy Mace, a South Carolina State Representative, asks several questions concerning her proposal to establish an independent expenditure-only committee (i.e., a Super PAC) that will make communications promoting or supporting conservative female candidates for federal office. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than May 21) and must issue a response no later than 60 days after the receipt of the complete request, that is, by July 9, 2018.

Litigation

• CREW, et al. v. FEC (Case 1:18-cv-01059). On May 4, Plaintiffs filed a Complaint in the United States District Court for the District of Columbia.
  
• CREW, et al. v. FEC (Case 1:18-cv-01060). On May 4, Plaintiffs filed a Complaint in the United States District Court for the District of Columbia.
  
• CREW, et al., v. FEC (Case 1:17-cv-02770-ABJ). On May 4, Plaintiffs filed an Opposition to the Commission’s Motion to Dismiss in the United States District Court for the District of Columbia.
  
• Lieu, et al., v. FEC (Case 1:16-cv-02201-EGS) On May 7, the Commission filed a Motion to Dismiss in the United States District Court for the District of Columbia.
  

Rulemakings and agency procedures

At the May 10 open meeting, the Commission discussed a set of illustrative examples of Internet disclaimers, applying proposals in the Notice of Proposed Rulemaking (NPRM) on REG 2011-02 (Internet Communication Disclaimers) to sample internet ads. The Commission, without objection, asked that the examples be placed on the Commission’s website for members of the public to consider when submitting comments on the rulemaking. In the NPRM, the Commission requests comment on two alternative proposals to amend its regulations concerning disclaimers on certain communications on the internet that contain express advocacy, solicit contributions, or are made by political committees. Comments must be submitted on or before May 25, 2018. The Commission will hold a public hearing on this notice on June 27, 2018.

Management and administrative matters

At the May 10 open meeting, Chair Caroline C. Hunter recognized the efforts of numerous Commission staff who facilitated the Commission’s move to its new location in the NoMa district of Washington, D.C.

Educational programs

On May 9, the Commission hosted a Webinar for Corporations and their political action committees. Additional information is available on the Educational Outreach page of the Commission website.

Press Releases

FEC approves advisory opinion, presents examples of Internet disclaimers to inform comments on NPRM (issued May 10)

Upcoming Commission meetings and hearings

• May 22, 2018: The Commission is scheduled to meet in executive session.
  
• May 24, 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

• ·May 20: May Monthly Reports are due.
  

For more information on monthly reporting dates, refer to the 2018 Monthly Reporting page of the Commission website.

Upcoming educational programs

• On May 23, the Commission will host a webinar for trade associations and their political action committees (PACs).
  
• 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.