Week of August 29-September 2, 2022

Commission meetings and hearings

On August 30, the Commission met in executive session.

On August 31, the Commission held an open meeting.

Advisory Opinions

Opinions Issued

Advisory Opinion 2022-11 (State Democracy Defenders PAC) On August 31, the Commission approved an advisory opinion in response to a request from State Democracy Defenders PAC (SDD PAC). The Commission concluded that state party committees and their chairs may solicit and direct nonfederal funds to SDD PAC’s non-contribution account as proposed in the request because SDD PAC is a political committee as defined in 11 C.F.R. § 100.5.

Advisory Opinion 2022-15 (Harley Rouda for Congress) On August 31, the Commission approved an advisory opinion in response to a request from Harley Rouda for Congress (the Committee) and Rouda to reinstate loans that Rouda forgave and to repay those loans with Committee funds on hand or raised after the advisory opinion to retire the reinstated debt, in light of the U.S. Supreme Court’s decision in Federal Election Commission v. Ted Cruz for Senate. The advisory opinion also provides guidance on how to report the loan reinstatement. The Commission received three comments on the draft advisory opinion.

Advisory Opinion 2022-16 (DSCC/DNC) On August 31, the Commission approved an advisory opinion in response to a request from the DSCC and DNC (the Committees), regarding their proposed retention and use of contributions that were untimely deposited into the Committees’ bank accounts by a vendor. The Commission concluded that the Committees may retain and use the late deposited contributions because the delay in depositing them resulted from events that were outside of the Committees’ and the vendor’s control, the Committees took prompt remedial action after discovering the untimely deposits, and there was no evidence that the failure was intentional.

Supplementary Material

Advisory Opinion Request 2022-19 (Maggie for NH) On August 31, the Commission made public Supplemental Material provided by the requestor.

Comments and Extension of Time Received

Advisory Opinion 2022-12 (Ready for Ron) On August 29, the requestor submitted a comment on the draft advisory opinions and agreed to an extension of time. On August 30, the Commission received two additional comments on the draft advisory opinions.

Enforcement

The Commission made public eight closed cases and one additional Statement of Reasons, as follows. For more information, see the case documents in the Enforcement Query System.

MURs 7645, 7663, and 7705

COMPLAINANTS: Common Cause; Paul S. Ryan; Erwin L. Rupert II; and Rose Clara White
RESPONDENTS: Donald J. Trump; Donald J. Trump for President, Inc. and Bradley T. Crate, in his official capacity as treasurer (Trump Committee); Rudolph “Rudy” Giuliani; Lev Parnas; Igor Fruman; and Victoria Toensing
SUBJECT: The complaints alleged that during a July 25, 2019 phone call with Ukrainian President Volodymyr Zelensky and in a months-long series of communications, Trump and Giuliani pressured Zelensky to investigate allegations concerning (1) then-former Vice President and 2020 presidential candidate Joe Biden and his son and (2) purported Ukrainian coordination with the Democratic National Committee (DNC) to interfere in the 2016 U.S. presidential election and to support Trump’s general election opponent Hillary Clinton. The complaints alleged that Trump sought the investigation to support his presidential candidacy and, on that basis, that he and the Trump Committee knowingly solicited prohibited foreign national contributions. The complaints alleged further that Giuliani, Parnas, Fruman, and Toensing solicited, or provided substantial assistance in the solicitation of, contributions from Ukraine. The complaint in MUR 7705 also alleged that Trump publicly suggested that the government of China also investigate Biden.
DISPOSITION: The Commission closed the file. Chairman Allen Dickerson and Commissioners Sean J. Cooksey and James E. “Trey” Trainor, III and Commissioners Shana M. Broussard and Ellen L. Weintraub issued Statements of Reasons. Commissioner Weintraub also issued a Supplemental Statement of Reasons.

MURs 7883 and 7884

COMPLAINANT: John Cowan
RESPONDENTS: American Firearms Association (AFA) and Georgia Gun Owners, Inc. (GGO)
SUBJECT: The complaints alleged that AFA and GGO, two 501(c)(4) non-profit corporations, knowingly and willfully failed to report independent expenditures for communications that expressly advocated for the defeat of the complainant, Cowan, a 2020 candidate for Georgia’s 14th Congressional District. The complaints further alleged that the communications in question, a video advertisement that AFA posted and disseminated on Facebook and a mailer sent by GGO, lacked the required disclaimers.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matters given, among other factors, the apparently small amount in violation.

MUR 7904

COMPLAINANTS: Caitlin Sutherland, Executive Director, Americans for Public Trust
RESPONDENTS: Hansjörg Wyss; The Wyss Foundation; Berger Action Fund, Inc.; New Venture Fund (NVF); and Sixteen Thirty Fund (STF)
SUBJECT: The complaint alleged that Wyss, a foreign national, made millions of dollars in prohibited indirect political contributions funneled through his non-profit entities, The Wyss Foundation and the Berger Action Fund, Inc., to non-profit organizations NVF and STF that were alleged to have been politically active, and to an unincorporated project managed by STF known as The Hub Project, which in turn controls a federal independent expenditure-only political committee named Change Now. The complaint alleged that Wyss provided these funds for election-related purposes, which resulted in violations of the prohibitions on foreign national contributions and contributions made in the name of another. The complaint also alleged that the Wyss Foundation, the Berger Action Fund, NVF, STF, and the Hub Project should have registered as political committees and filed required disclosure reports with the Commission.
DISPOSITION: The Commission dismissed the allegations that STF and The Hub Project, NVF and the Hub Education and Engagement Fund, and The Wyss Foundation and Berger Action Fund failed to register as political committees and to meet the organizational, recordkeeping and reporting requirements of the Federal Election Campaign Act of 1971, as amended (the Act). The Commission closed the file in connection with the remaining allegations. Commissioners Broussard and Weintraub issued a Statement of Reasons.

MUR 7917

COMPLAINANT: Devin Remiker
RESPONDENTS: Derrick Van Orden; and Van Orden for Congress and Mary Clancy, in her official capacity as Treasurer (the Committee)
SUBJECT: The complaint alleged that Van Orden and the Committee converted campaign funds to personal use when they paid for travel and lodging expenses around the time of the “Save America Rally” on January 6, 2021. Van Orden is a 2022 candidate for Wisconsin’s 3rd Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in light of the fact that the available information suggested that the majority of the travel expenses paid by the Committee may have been campaign-related and the likely small amount in violation. Chairman Dickerson and Commissioners Cooksey and Trainor and Commissioners Broussard and Weintraub issued Statements of Reasons.

MUR 7973

COMPLAINANT: FEC-Initiated
RESPONDENTS: Burgess 4 Utah and Paul Kilgore, in his official capacity as treasurer (the Committee)
SUBJECT: In the normal course of exercising its supervisory responsibilities, the Commission initiated proceedings to determine whether there was reason to believe the Committee failed to timely refund, redesignate, or reattribute $92,604.26 in excessive contributions received for the 2020 general election. The Committee was the authorized campaign committee of Burgess Owens, a 2020 candidate for Utah’s Fourth Congressional District.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to pay a civil penalty of $13,500.

MUR 7320 (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) On August 30, Chairman Dickerson and Commissioner Trainor issued a Statement of Reasons.

Audits

Final Audit Report of the Commission on Weber for Congress. On September 1, the Commission made public the Final Audit Report of the Commission on Weber for Congress, covering campaign finance activity from January 1, 2019 to December 31, 2020. The Commission approved findings related to Misstatement of Financial Activity, Receipt of Contributions in Excess of the Limit, and Failure to File 48-Hour Notices.

Regulations and agency procedures

REG 2022-03: Interim Final Rule for Candidate Loan Repayment On August 31, the Commission approved an interim final rule for candidate loan repayment to remove regulatory restrictions on authorized committees’ repayment of candidate personal loans in light of the Supreme Court decision in Federal Election Commission v. Ted Cruz for Senate, which held that the statutory provision implemented by those regulations is unconstitutional. The Commission is requesting public comment on the proposed revisions within 30 days after the interim final rule is published in the Federal Register.

REG 2013-01 (Technological Modernization): Request for Additional Comment On August 31, the Commission approved a Federal Register notice requesting additional public comments on previously proposed rules that would modernize the agency’s regulations in light of technological advances in communications, recordkeeping, and financial transactions, and that would eliminate and update references to outdated technologies and address similar technological issues. The Commission is requesting public comment on the proposed revisions within 30 days after the notice is published in the Federal Register.

Commissioner Statements

On August 31, Commissioner Cooksey issued a Statement on the Commission’s Interim Final Rule and Advisory Opinion on the Repayment of Candidate Loans.

Public Disclosure

On September 2, the Office of the Inspector General released an Investigative Summary: Alleged Outside Employment by Senior Agency Employee.

Litigation

45Committee, Inc. v. FEC (Case No. 22-502) On August 26, Plaintiff filed a Reply in Support of Cross-Motion for Summary Judgment in the U.S. District Court for the District of Columbia. On August 29, Citizens for Responsibility and Ethics in Washington filed a Brief of Amicus Curiae in Support of the Commission's Motion to Dismiss in the District Court.

FEC v. Defend Louisiana PAC, et al. (Case No.21-cv-346) On August 31, the U.S. District Court for the Middle District of Louisiana issued an Amended Final Judgment. The court 1) ordered Defend Louisiana PAC and Taylor Townsend, in his official capacity as treasurer (Defend Louisiana PAC) to pay a civil penalty of $41,056 for violations of the reporting requirements Act; 2) permanently enjoined Defend Louisiana PAC from further violations of 52 U.S.C. §§ 30104(b)(6)(B)(iii) and 30104(a)(1); 3) ordered Defend Louisiana PAC to correct its November 28, 2016 Pre-Runoff Report by providing adequate purpose statements for the eight independent expenditures designated as “Community Outreach;” and 4) ordered Defend Louisiana PAC to its January 9, 2017 Post-Runoff Report to include the three independent expenditures listed in its December 12, 2016 48-Hour Report of independent expenditures.

Heritage Action for Am. v. FEC, et al. (Case No. 22-1422) On August 26, the Commission filed an Opposition to Plaintiff’s Motion for Summary Judgment in the U.S. District Court for the District of Columbia.

Press releases

FEC approves three advisory opinions, an interim final rule, and a request for public comment (issued August 31)

Upcoming Commission meetings

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

September 15, 2022: The Commission is scheduled to hold an open meeting and meet in executive session.

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.

Employment opportunities

The FEC is accepting applications for the position of Supervisory Attorney. For more information, see https://www.usajobs.gov/job/672708500

The FEC is accepting applications for the position of Financial Management Analyst. For more information, see https://www.usajobs.gov/job/672711300

The FEC is accepting applications for the position of IT Specialist (Customer Support). For more information, see https://www.usajobs.gov/job/673977100

The FEC is accepting applications for the position of Campaign Finance Analyst. For more information, see https://www.usajobs.gov/job/674425300

The FEC is accepting applications for the position of Auditor. For more information, see https://www.usajobs.gov/job/675031300.

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.