Week of August 22-26, 2022

Commission meetings and hearings

No open meetings or executive sessions were scheduled this week.

Advisory Opinions

Request received

Advisory Opinion Request 2022-19 (Maggie for NH) On August 25, the Commission made public an advisory opinion request from Maggie for NH, the authorized campaign committee of Senator Maggie Hassan. The committee asks whether proposed text messages containing links to “split-it” fundraising pages will be subject to joint fundraising rules. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than September 6) and must issue a response no later than 20 days after the receipt of the complete request, that is, by September 12, 2022.

Drafts

Advisory Opinion Request 2022-11 (State Democracy Defenders PAC) On August 24, the Commission made public a draft advisory opinion.

Advisory Opinion Request 2022-15 (Harley Rouda for Congress) On August 24, the Commission made public a draft advisory opinion.

Advisory Opinion Request 2022-16 (DSCC/DNC) On August 24, the Commission made public a draft advisory opinion.

Extension of Time

Advisory Opinion Request 2022-17 (Warren Democrats, Inc.) On August 24, the requestor granted an extension of time.

Enforcement

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

MUR 7320

COMPLAINANT: Joseph Wendt
RESPONDENTS: Libertarian Party of Miami-Dade (LPMD); Libertarian Party of Florida and James C. Morris, in his official capacity as treasurer (LPF); Pierre Crevaux; and Marcos Miralles
SUBJECT: The complaint alleged that the LPMD, the LPF, and LPF Chairman Marcos Miralles violated the ban on foreign national contributions by permitting Crevaux to participate in the committees’ election-related management and decision making and that Crevaux, a foreign national, contributed $100 to LPMD, $38 to a state candidate, and $5 to LPF.
DISPOSITION: On July 11, 2019, the Commission found reason to believe the LPMD, LPF, and Crevaux violated the foreign national prohibition for the Federal Election Campaign Act of 1971, as amended (the Act), because based on the available information at that time, it appeared that Crevaux may have managed and participated in LPMD’s decisions, including those involving campaign activities, and was involved in decision-making for LPF. The Commission voted to take no action in connection with Miralles. On July 12, 2022, following an investigation, and based on new information regarding Crevaux’s role in the organizations, the Commission voted to take no further action against the LPMD, LPF, or Crevaux and it dismissed the allegations against former LPF Chairman Miralles.

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 1069

COMPLAINANT: Laura Pullins
RESPONDENTS: Troy Nehls; Nehls for Congress and Robert Phillips, III, in official capacity as treasurer (the Troy Nehls Federal Committee); Friends of Troy Nehls; Supporters of Trever Nehls; Friends of Trever Nehls; Chad Norvell; and Supporters of Chad Norvell
SUBJECT: The complaint alleged that Troy Nehls, a 2020 candidate for Texas’s 22nd Congressional District, and the Troy Nehls Federal Committee accepted impermissible nonfederal funds from the state campaigns of Nehls and his brother Trever Nehls, who was a candidate for Sheriff of Fort Bend County, Texas. The complaint further alleged that the Troy Nehls Federal Committee failed to include a disclaimer on an advertisement and that Troy and Trever Nehls, and Norvell, a candidate for nonfederal office, all financially supported one another’s campaigns, transferred funds between accounts, comingled funds, conducted joint advertising, and campaigned together in violation of the Act.
DISPOSITION: The Troy Nehls Federal Committee agreed to 1) refund or disgorge $7,497.64 in remaining impermissible nonfederal contributions, 2) follow a Corrective Action Plan, 3) participate in an FEC training, and 4) pay a civil penalty of $1,150. The Commission voted to dismiss the remaining allegations against the other respondents.

Administrative Fines

The Commission made public 17 closed cases, as follows. For more information, see the case documents in the Administrative Fine search system.

AF 4265 1199 Service Employees Int'l Union Federal Political Action Fund and Helen Schaub, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $10,801.

AF 4266 Aja Smith for Congress 2022 and Aja Smith, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $5,563.

AF 4267 Automobile Club of Michigan Political Action Committee and Heather Drake, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $4,606.

AF 4268 Brad Barron for US Senate and Jill M. Barron, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4270 Emily Robinson for Congress and Emily Robinson, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $21,462.

AF 4272 Friends of Barbara Sharief for Congress and Suzette Spalding, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $15,101.

AF 4273 George Mitris for Congress and Thomas Costa, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $16,096.

AF 4274 Greg Lirette for Congress and Kevin Kitchen, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $10,731.

AF 4275 Jimmy Rodriguez for Congress and Jimmy Rodriguez, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $39,742.

AF 4276 Matt Berg for Congress and Gerald D. Gunn, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $748.

AF 4277 Our Black Party and Betty Crichlow-Eberhardt, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,318.

AF 4278 People for Elvin Dowling and Elvin Dowling, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $373.

AF 4280 Reba for Congress and Bryon Fredrick McComb, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $32,188.

AF 4282 Together We Thrive and Christopher Zullo, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $12,519.

AF 4283 UAW - V - CAP (UAW Voluntary Community Action Program) 'Int'L Union United Automobile Aerospace & Agricultural Implement Workers Of America UAW and Frank Stuglin, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $14,293.

AF 4284 Women Vote Smart and Amy S. Kremer, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $16,096.

AF 4287 Committee to Elect Kyle Sinclair for Congressional District 20 and Robert Castaneda, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $2,093.

Litigation

45Committee, Inc. v. FEC (Case No. 22-1749) On August 22, the Commission filed a Motion to Dismiss in the U.S. District Court for the District of Columbia.

Free Speech For People, et al. v. FEC (Case No. 22-666) On August 25, Plaintiffs filed a Memorandum in Opposition to Defendant Federal Election Commission’s Motion to Dismiss in the U.S. District Court for the District of Columbia.

Rulemakings and agency procedures

REG 2022-03: Draft Interim Final Rule for Candidate Loan Repayment On August 24, the Commission made public a draft interim final rule.

REG 2013-01 (Technological Modernization): Request for Additional Comment On August 24, the Commission made public a draft Federal Register notice requesting additional public comment.

Upcoming Commission meetings

August 30 and 31, 2022: The Commission is scheduled to meet in executive session.

August 31, 2022: The Commission is scheduled to hold an open meeting.

September 13 and 15, 2022: The Commission is scheduled to meet in executive session.

September 15, 2022: The Commission is scheduled to hold an open meeting.

Upcoming educational programs

September 7, 2022: The Commission will host a webinar on Independent Expenditures and Pre-Election Communications.

September 14, 2022: The Commission will host an FECConnect OnTopic session on navigating the website.

September 28, 2022: The Commission will host a reporting and FECFile webinar for PACs and party committees.

October 6, 2022: The Commission will host a reporting and FECFile webinar for candidate committees.

For more information on upcoming training opportunities, see the Commission’s Trainings page.

Upcoming reporting due dates

September 20: September Monthly Reports are due. For more information, see the 2022 Monthly Reporting schedule.

Additional research materials

Contribution Limits. In addition to the current limits, the Commission has posted an archive of contribution limits that were in effect going back to the 1975-1976 election cycles.

2020 Presidential General Election Results and Federal Elections 2018: Election Results for the U.S. Senate and House of Representatives are available. The data was compiled from the official vote totals published by state election offices.

FEC Notify: Want to be notified by email when campaign finance reports are received by the agency? Sign up here.

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

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 Presidential Election Campaign Fund Tax Checkoff Chart provides information on balance of the Fund, monthly deposits into the Fund reported by the Department of the Treasury, payments from the Fund as certified by the FEC, and participation rates of taxpayers as reported by the Internal Revenue Service. For more information on the Presidential Public Funding Program, see the Public Funding of Presidential Elections page.

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

Other election-related resources

Videos on protecting U.S. elections. The FBI’s Protected Voices initiative provides videos designed to help political campaigns protect themselves from foreign influence. The 2019 videos offer guidance on ransomware, business email compromise, supply chain, social media literacy, and foreign influence operations. Other videos, released in 2018, include cyber hygiene topics such as social engineering, patching, router hardening, and app and browser safety.

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. The use of the agency’s logo, name, and likeness on other media has not been authorized by the FEC.