Week of February 20-24, 2023
Commission meetings and hearings
No open meetings or executive sessions were scheduled this week.
Advisory Opinions
Requests Received
Advisory Opinion Request 2023-01 (U.S. Rep. Nanette Diaz Barragán) On February 22, 2023, the Commission made public an advisory opinion request from U.S. Representative Nanette Diaz Barragán, asking whether she may use campaign funds to pay for travel expenses in connection with events held by the Congressional Hispanic Caucus (CHC), specifically, the travel expenses of CHC members, CHC staff, and other event participants. The Commission will accept written comments on the request during the 10-day period following publication of the request; the comment period will expire on March 6, 2023. The Commission will issue a response no later than April 24, 2023, which is 60 days after receipt of the complete request.
Advisory Opinion Request 2023-02 (Humana) On February 23, 2023, the Commission made public an advisory opinion request from Humana Inc. The requestor asks if its separate segregated fund (Humana Inc. PAC) is now disaffiliated from the separate segregated fund of its recently spun-off hospice business, KAH Hospice Company, Inc. PAC. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than March 6) and must issue a response no later than 60 days after receipt of the complete request, that is, by April 18, 2023.
Enforcement
The Commission made public 11 closed cases, as follows. For more information, see the case documents in the Enforcement Query System.
COMPLAINANT: Gene Blake; and Campaign Legal Center and Richard A. Graham
RESPONDENTS: Lori Trahan for Congress Committee and Maria Cunha in her official capacity as treasurer (the Committee); Lori Trahan; Concire, LLC; and David Trahan
SUBJECT: The complaints alleged that David Trahan made and Lori Trahan and the Committee knowingly accepted excessive contributions in connection with three loans David Trahan purportedly made to the Committee using personal funds, and that the Committee knowingly and willfully misreported the dates on which two of the loans were received. The complaints alleged further that the Committee failed to timely disclose that the true source of a fourth loan was a home equity line of credit. Lori Trahan was a 2018 candidate for Massachusetts’s 3rd Congressional District.
DISPOSITION: The Commission found no reason to believe that Trahan and the Committee (1) knowingly accepted excessive contributions, (2) inaccurately reported on two reports the dates loans were received and the Committee’s cash on hand, or (3) failed to report the source of two loans, and that Concire, LLC made excessive contributions in the form of loans to the Committee. The Commission exercised its prosecutorial discretion and dismissed allegations that the Committee failed to timely report the source of one loan and failed to timely deposit receipts. Chair Dara Lindenbaum, Vice Chair Sean J. Cooksey, and Commissioners Allen Dickerson and James E. “Trey” Trainor, III issued a Statement of Reasons.
COMPLAINANT: Bert Adams
RESPONDENT: Citizen Facts PAC and Clinton Edminster, in his official capacity as treasurer (the Committee)
SUBJECT: The complaint alleged that the Committee (1) failed to file its 2021 Mid-Year Report, (2) paid for two billboards targeting Buddy Carter in 2021 at a cost ranging from $800 to $3,500, and a newspaper ad targeting Carter at a cost between $200-$3,000, but failed to disclose its expenditures, and 3) solicited contributions through ActBlue, but failed to disclose any contributions received. Carter was a 2022 candidate for Georgia’s 1st Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter.
COMPLAINANT: Joel C. Corcoran
RESPONDENTS: Cody for Oregon and Jefri Green, in his official capacity as treasurer (the Committee); and Steven Cody Reynolds
SUBJECT: The complaint alleged that Reynolds and the Committee omitted and/or failed to include sufficient disclaimers and spoken approval on two television ads. Reynolds was a 2022 candidate for Oregon’s 6th Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter.
COMPLAINANT: William G. Buoni Jr.
RESPONDENTS: Committee to Elect Lutin for Congress and Charles D. Lutin, in his official capacity as treasurer (the Committee); and Charles D. Lutin
SUBJECT: The complaint alleged that the Committee failed to report the identities of contributors and payees of its disbursements. Specifically, the complaint claimed that the Committee’s 2021 Year-End Report did not disclose the identity of any contributors and identified itself as the only payee of Committee disbursements. Additionally, the complaint alleged that the Committee failed to establish a petty cash fund. Lutin was a 2022 candidate for Georgia’s 14th Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter.
COMPLAINANT: Evan Albertson
RESPONDENT: GrassTroops for Frank Lopez, Jr., and Francisco Lopez, Jr., in his official capacity as treasurer (the Committee)
SUBJECT: The complaint alleged that the Committee failed to file a 2022 April Quarterly Report, which would have been the first disclosure report due after Lopez registered as a candidate with the Commission. Lopez was a 2022 candidate for Texas’s 23rd Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the complaint.
COMPLAINANT: Timothy Raymond Sanow
RESPONDENT: Benjamin Pursley
SUBJECT: The complaint alleged that Pursley, a 2022 candidate for Idaho’s United States Senate seat, failed to file a Statement of Candidacy with the Commission.
DISPOSITION: The Commission dismissed the complaint, observing that although Pursley was approximately 12 days late in filing his Statement of Candidacy, the late filing did not result in the failure of his authorized campaign committee to file a quarterly report, as his committee timely filed its 2022 April Quarterly Report.
COMPLAINANT: Jorge Fernandez
RESPONDENT: Jim Banks for Congress, Inc., and Steve Martin, Jr., in his official capacity as treasurer (the Committee); and Thomas W. Kelley
SUBJECT: The complaint alleged that the Committee knowingly accepted an excessive contribution from Kelley designated for the 2022 primary election. Banks was a 2022 candidate for reelection in Indiana’s 3rd Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter.
COMPLAINANT: FEC-Initiated
RESPONDENT: Republican Party of Minnesota – Federal and Lee Prinkilla, 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 maintain monthly payroll logs, failed to maintain records of communications, incorrectly reported transfers to affiliated party committees and used incorrect allocation ratios, and failed to properly disclose loans and loan repayments during the 2018 election cycle.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to pay a civil penalty of $53,000.
COMPLAINANT: FEC-Initiated
RESPONDENT: Republican Party of Minnesota – Federal and Lee Prinkilla, 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 and accurately report receipts and disbursements and whether it accepted excessive contributions in connection with the 2020 election cycle.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to pay a civil penalty of $58,500.
COMPLAINANT: FEC-Initiated
RESPONDENT: Kim Klacik for Congress and Bradley Crate, 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 knowingly accepted excessive and prohibited contributions and whether it made an excessive contribution to another committee during the 2020 election cycle. Klacik was a 2020 candidate for Maryland’s 7th Congressional District.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to: 1) pay a civil penalty of $19,000, and 2) seek a refund of an excessive $3,600 contribution that it made to another candidate’s principal campaign committee and amend its disclosure report to reflect the refund.
Alternative Dispute Resolution
The Commission made public two closed cases, as follows. For more information, see the case documents in the Enforcement Query System.
COMPLAINANT: FEC-Initiated
RESPONDENT: Association for Emergency Responders and Firefighters, PAC and Robert Piaro, in 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 understated its disbursements by $769,804 on the original reports filed over the two-year period ending December 31, 2018.
DISPOSITION: The Committee agreed to 1) develop and certify implementation of a compliance operations manual that includes internal controls, 2) certify that the treasurer participated in an FEC training, and 3) pay a civil penalty of $10,900.
COMPLAINANT: FEC-Initiated
RESPONDENT: Defeating Communism PAC and Robert Phillips III, in 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 file four 24-Hour Reports totaling $32,020.36 to support five independent expenditures disclosed on its 2022 April Quarterly Report.
DISPOSITION: The Committee agreed to 1) develop and certify implementation of a compliance operations manual that includes internal controls, 2) certify that a representative participated in an FEC training, and 3) pay a civil penalty of $2,400.
Regulations and agency procedures
REG 2022-06 (Disgorgement of Contributions) On February 22, the Commission made public five comments that it received in response to its Notification of Availability on disgorgement of contributions, published in the Federal Register on December 22, 2022.
REG 2011-02: Final Rule and Explanation and Justification for Internet Communications Disclaimers The Final Rule, which amends the Commission’s definition of “public communication” and its regulation at 11 CFR 110.11 to require that disclaimers appear on certain public communications made over the internet, is effective as of March 1, 2023. The new rule requires a clear and conspicuous disclaimer to appear on certain public communications placed for a fee on another person’s website, digital device, application, or advertising platform. Under the amended rule, some communications will be permitted to include an “adapted disclaimer” when a full disclaimer cannot be provided or would occupy more than 25 percent of the communication due to space or character constraints. The adapted disclaimer permits a person or persons who paid for the communication to be identified by a commonly understood abbreviation or acronym, provided that the full disclaimer is available through a mechanism such as hover-over text, pop-up screens, scrolling text, rotating panels, or hyperlinks to a landing page.
Litigation
Campaign Legal Center, et al. v. FEC (Case No. 22-5336) On February 16, the Commission filed an Opposition to Plaintiffs-Appellees’ Motion to Dismiss and on February 23, Plaintiffs-Appellees filed a Reply in Support of Motion to Dismiss in the U.S. Court of Appeals for the District of Columbia Circuit.
Common Cause Georgia, et al. v. FEC (Case No. 22-3067) On February 16, Plaintiffs filed a Motion for Summary Judgment and a Memorandum of Points and Authorities Supporting Plaintiffs’ Motion for Summary Judgment in the U.S. District Court for the District of Columbia.
Outreach
On February 21, Commissioner Shana M. Broussard and Chairman Thomas Hicks of the U.S. Election Assistance Commission hosted a Black History Month conversation with election experts. Topics discussed included the future of multiracial democracy, diversifying the candidate pool, and barriers to casting a meaningful vote, among others.
On February 22, the Commission hosted an FECConnect OnTopic session on Filing a Termination Report.
Upcoming Commission meetings
February 28, 2023: The Commission is scheduled to meet in executive session.
March 28, 2023: The Commission is scheduled to meet in executive session.
March 30, 2023: The Commission is scheduled to hold an open meeting.
Upcoming educational programs
March 14-15, 2023: The Commission will host a webinar for membership and labor organizations and their PACs.
March 23, 2023: The Commission is scheduled to host an FECConnect OnTopic session on 2023-2024 Contribution Limits.
March 29, 2023: The Commission is scheduled to host a FECFile webinar for candidate committees.
For more information on upcoming training opportunities, see the Commission’s Trainings page.
Upcoming reporting due dates
March 20: March Monthly Reports are due. For more information, see the 2023 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.
Federal Elections 2020: Election Results for the U.S. President, the U.S. Senate and the U.S. House of Representatives is now 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.
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- Judith Ingram
- Press Officer
- Judith Ingram
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- Christian Hilland
- Deputy Press Officer
- Christian Hilland
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- Myles Martin
- Deputy Press Officer
- Myles Martin