Week of December 13-17, 2021

Commission meetings and hearings

On December 14 and 16, the Commission met in executive session.

On December 16, the Commission held an open meeting.

Election of Officers

On December 16, the Commission elected Allen Dickerson as Chairman and Steven T. Walther as Vice Chair of the Commission for 2022.

Advisory Opinions

Opinion Considered

Advisory Opinion Request 2021-11 (DSCC and DCCC) On December 16, the Commission discussed and voted on two draft responses to Advisory Opinion Request 2021-11 concerning whether text messages sent as part of the short code messaging programs outlined in the request are public communications under the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations. The Commission held over completion of the vote pending a vote from a Commissioner who was absent. Counsel for the requestors submitted two comments on the draft opinions, and the Commission received 64 public comments. During the discussion, the Commission heard from Counsel for the requestors.

Extension of Time

Advisory Opinion Request 2021-13 (Hoh) On December 15, the requestor granted an extension of time. The Commission received one comment on the draft advisory opinions (Draft A and Draft B).

Enforcement

The Commission made public 12 closed cases and one additional Statement of Reasons, as follows. For more information, see the case documents in the Enforcement Query System.

MUR 7465

COMPLAINANT: Noah Bookbinder, Citizens for Responsibility and Ethics in Washington
RESPONDENTS: Freedom Vote, Inc. (FV); Fighting for Ohio Fund and Christopher M. Marston, in his official capacity as treasurer (FFO PAC); and James S. Nathanson
SUBJECT: The complaint alleged that FV, established in 2010 as a non-profit corporation, failed to register and report as a political committee despite spending most of its funds on federal political activity. The complaint alleged further that FV knowingly acted as a conduit for contributions made by unknown respondents to FFO PAC, an independent expenditure-only political committee, and that FFO PAC knowingly accepted contributions in the name of another and failed to report earmarked contributions.
DISPOSITION: On July 25, 2019, the Commission found reason to believe that FV failed to organize, register, and report as a political committee and that it failed to include a disclaimer on a television advertisement, and the Commission commenced an investigation. On November 9, 2021, the Commission closed the file. Chair Shana M. Broussard and Commissioners Steven T. Walther and Ellen L. Weintraub issued a Statement of Reasons.

MUR 7535

COMPLAINANT: End Citizens United
RESPONDENTS: Leah Vukmir; Leah for Senate and Travis Kabrick, in his official capacity as treasurer (the Committee); Americas PAC and Tom Donelson, in his official capacity as treasurer (Americas PAC); Restoration PAC and Sherry Gaskill, in her official capacity as treasurer (Restoration PAC); and Richard Uihlein
SUBJECT: The complaint alleged that Vukmir, a 2018 U.S. Senate candidate from Wisconsin, and the Committee improperly solicited contributions in excess of the applicable contribution limits from Uihlein, the primary contributor to Americas PAC and Restoration PAC. The complaint further alleged that Vukmir and the Committee accepted prohibited contributions from Americas PAC and Restoration PAC in the form of coordinated communications. DISPOSITION: The Commission voted to dismiss the allegations and close the file.

MUR 7567

COMPLAINANTS: American Bridge 21st Century and Bradley Beychok
RESPONDENT: Howard Schultz
SUBJECT: The complaint alleged that Schultz, the former CEO of Starbucks, violated the Act by failing to register and report as a 2020 candidate for U.S. President, contending that Schultz went beyond testing the waters by hiring political consultants, conducting polling, and laying the groundwork for paid advertising.
DISPOSITION: The Commission voted to dismiss the allegation. Chair Broussard and Commissioner Weintraub and Vice Chair Dickerson and Commissioners Sean J. Cooksey and James E. “Trey” Trainor, III issued Statements of Reasons.

MUR 7635

COMPLAINANT: Coolidge-Reagan Foundation
RESPONDENTS: Joaquin Castro
SUBJECT: The complaint alleged that Castro, representing the 20th Congressional District of Texas, violated the Act’s sale and use provision when he used information obtained from Commission disclosure reports in a Twitter post that contained the names and employer information of individuals in the San Antonio, TX area who made maximum contributions to Donald J. Trump’s 2020 presidential re-election campaign. The complaint asserted that Castro’s actions subjected these donors to likely repeated solicitations and harassing communications, and potentially even violence.
DISPOSITION: The Commission found no reason to believe that Castro violated the sale and use provision and voted to close the file. Vice Chair Dickerson and Commissioners Cooksey and Trainor issued a Statement of Reasons.

MURs 7648 & 7651

COMPLAINANTS: Diana Miller and Grace Po
RESPONDENT: Troy Nehls
SUBJECT: The complaints in these matters alleged that then-Fort Bend (Texas) County Sheriff Nehls failed to timely disclose that he was a 2020 candidate for Texas’s 22nd Congressional District in 2020. The complaint in MUR 7648 also alleged that Nehls impermissibly used his state office and state campaign committee to make payments for federal testing-the-waters activities in connection with a golf tournament fundraiser and an appearance at a county parade.
DISPOSITION: The Commission voted to dismiss the allegations and closed the file. Vice Chair Allen Dickerson and Commissioner Sean J. Cooksey, and Commissioner Weintraub issued Statements of Reasons.

MURs 7679 & 7695

COMPLAINANTS: Todd Hunter Foster; and Richard D. Lively
RESPONDENTS: Jeffrey Coleman; Jeff Coleman for Congress, Inc. and Joseph Johnson, in his official capacity as treasurer (the Committee); and Coleman Worldwide Moving, LLC and Coleman American Moving Services, Inc. (collectively, Coleman Moving)
SUBJECT: The complaints alleged that Coleman Moving made and Coleman, a 2020 candidate for Alabama’s 2nd Congressional District, and the Committee received prohibited in-kind contributions when Coleman Moving allowed the Committee to use its trucks and semitrailers as billboards to display large pictures of Coleman, his campaign logo, and the campaign’s website address without compensation. The complaints alleged further that Coleman Moving did not receive payment for allowing the Committee to use its trucks, which prominently displayed the company’s logo and trademark, in the Committee’s television and online advertisements.
DISPOSITION: The Commission dismissed the allegations that Coleman Moving made and Coleman and the Committee received in-kind contributions. and closed the file. Vice Chair Dickerson and Commissioners Cooksey and Trainor issued a Statement of Reasons.

MUR 7693

COMPLAINANT: Donald E. Hill
RESPONDENTS: Lance Gooden for Congress Committee and Leigh Pool, in her official capacity as treasurer (the Committee); and Lance Gooden
SUBJECT: The complaint alleged that the Committee failed to provide any information about the purpose of certain expense reimbursement disbursements to Gooden, a 2020 candidate for Texas’s 5th Congressional District. The complaint further alleged that the lack of explanation indicated that the Committee and Gooden impermissibly converted campaign funds to personal use.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the allegation that the Committee failed to provide itemized memo entries for expense reimbursements, and sent a letter of caution stating that committees are required to provide memo entries for expense reimbursements and that the Committee should ensure that its conduct is in compliance with this requirement. The Commission voted to dismiss the allegation that Gooden and the Committee converted campaign funds to personal use. The Commission observed that there was insufficient information to support a credible allegation that the personal use ban was violated.

MUR 7747

COMPLAINANT: Rush Perez, Treasurer of Bronx United
RESPONDENTS: Rev. Rubén Díaz for Congress and Andreina Cruz, in her official capacity as treasurer (the Committee); Rev. Rubén Díaz; and Fresh Direct LLC (Fresh Direct)
SUBJECT: The complaint alleged that Díaz, a 2020 candidate for New York’s 15th Congressional District, and the Committee accepted illegal corporate contributions and knowingly failed to disclose contributions to his campaign. Specifically, the complaint alleged that Díaz, then a member of the New York City Council, used city government resources to support his federal campaign, citing Díaz’s participation in a number of government-sponsored food drives outside of his council district at which a corporate entity, Fresh Direct, donated groceries and masks.
DISPOSITION: The Commission dismissed the allegations. Vice Chair Dickerson and Commissioners Cooksey and Trainor issued a Statement of Reasons.

MUR 7809

COMPLAINANT: Oklahoma Republican Party
RESPONDENTS: Abby Broyles for US Senate and Danielle Ezell, in her official capacity as treasurer (Broyles Committee); KFOR-TV (KFOR); and Nexstar Media Group (Nexstar)
SUBJECT: The complaint alleged that the Broyles Committee knowingly and willfully solicited, accepted, or received, and failed to report prohibited in-kind corporate contributions in the form of discounted television advertising rates from KFOR, a television station owned by Nexstar. The complaint specifically referenced different rates that KFOR apparently charged the Broyles Committee compared to the campaign of Broyles’s opponent, Senator Jim Inhofe. Broyles was a 2020 candidate for U.S. Senate in Oklahoma.
DISPOSITION: The Commission dismissed the allegations. The Commission observed that the available information did not indicate that KFOR charged the Broyles Committee discounted rates that were unavailable to other customers, nor did the available information indicate that the Broyles Committee solicited, accepted, received, or failed to report in-kind corporate contributions in the form of discounted advertising rates.

MUR 7872

COMPLAINANT: FEC-Initiated
RESPONDENT: South Dakota Democratic Party and Marcia Bunger, in her 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 that the Committee (1) failed to disclose $2,500,147 in disbursements on its original reports during the 2015-2016 election cycle, and (2) received $23,827 in contributions to its federal account from unregistered organizations without confirming that these contributions were made using permissible funds under the Act.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to 1) require the Committee’s treasurer, executive director, and retained accountant to attend annual FEC-sponsored training; 2) continue to retain a professional accounting service and perform an annual audit of the Committee’s finances; 3) pay a civil penalty of $40,000; and 4) refund or disgorge to the U.S. Treasury $2,565 in contributions the Committee received from unregistered organizations during the 2016 election cycle that remain within the statute of limitations and for which the organizations could not provide sufficient documentation that the contributions were made with permissible funds.

MUR 7605 (Chad E. Price; and Judson Hill for Congress and Chris D. Clayton, in his official capacity as treasurer) On December 7, Vice Chair Dickerson and Commissioners Cooksey and Trainor issued a Statement of Reasons.

Audits

Audit Division Recommendation Memorandum on the Republican Party of Minnesota – Federal. On December 14, the Commission approved on tally vote an Audit Division Recommendation Memorandum on the Republican Party of Minnesota – Federal, covering campaign finance activity between January 1, 2017 and December 31, 2018. The Commission approved findings related to recordkeeping for employees, recordkeeping for communications, disclosure of transfers and allocation ratios, and disclosure of loans and loan repayments.

Audit Division Recommendation Memorandum on the Connecticut Democratic State Central Committee. On December 16, the Commission approved an Audit Division Recommendation Memorandum on the Connecticut Democratic State Central Committee, covering campaign finance activity between January 1, 2017 and December 31, 2018. The Commission approved findings on contributions from unregistered political organizations, recordkeeping for employees, and reporting of debts and obligations.

Litigation

Ted Cruz for Senate, et al. v. FEC (Case No. 21-12) On December 15, Appellees filed a Brief in the U.S. Supreme Court.

Wisconsin Family Action v. FEC (21-1373) On December 2, Plaintiff filed a Complaint against the Commission challenging the constitutionality of non-political committee disclosure requirements, a Motion for Preliminary Injunction and a Memorandum in Support of the Motion for a Preliminary Injunction in the United States District Court for the Eastern District of Wisconsin.

Press releases

Allen Dickerson elected Chairman, Steven T. Walther elected Vice Chair for 2022 (issued December 16)

FEC elects 2022 officers, approves audit recommendations (issued December 16)

Upcoming educational programs

January 12 and 19, 2022: The Commission will host Year-End Reporting and FECFile webinars.

February 8-9, 2022: The Commission will host a Regional Conference in San Diego, CA.

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

Upcoming reporting due dates

December 20: December Monthly Reports are due. For more information, see the 2021 Monthly Reporting schedule.

Status of agency operations

See the Commission’s statement on the status of agency operations, updated on April 15, 2021. At this stage, most agency staff remain in telework status and the Commission’s office remains closed to visitors. See also the agency’s Workplace Safety Plan, dated May 6, 2021.

Updated Campaign Guide

The Commission recently updated its Campaign Guide for Congressional Candidates and Committees. The new Guide, which replaces the 2014 edition, provides an overall summary of the federal campaign finance laws that apply to candidates for the United States House of Representatives and United States Senate and their campaign committees.

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 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.