Week of February 27-March 3, 2023

Commission meetings and hearings

On February 28, the Commission met in executive session.

The Commission voted to cancel the open meeting scheduled for March 2.

Enforcement

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

MUR 7760

COMPLAINANT: Kendra Arnold, Executive Director, Foundation for Accountability and Civic Trust
RESPONDENTS: Hickenlooper for Colorado and Mark Turnage, in his official capacity as treasurer (Hickenlooper Committee); John Hickenlooper; and SMP and Rebecca Lambe, in her official capacity as treasurer (SMP)
SUBJECT: The complaint alleged that SMP made and the Hickenlooper Committee knowingly accepted an excessive in-kind contribution when SMP republished the Hickenlooper Committee’s campaign materials in a coordinated communication. The complaint alleged further that SMP and the Hickenlooper Committee failed to report an in-kind contribution.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the allegations that SMP made an excessive contribution to the Hickenlooper Committee and failed to report an in-kind contribution. The Commission found no reason to believe Hickenlooper and the Hickenlooper Committee knowingly accepted an excessive in-kind contribution and failed to report it. Chair Dara Lindenbaum and Commissioners Shana M. Broussard and Ellen L. Weintraub and Vice Chairman Sean J. Cooksey and Commissioners Allen Dickerson and James E. “Trey” Trainor, III issued Statements of Reasons.

MUR 7912

COMPLAINANT: Margaret Christ, Campaign Legal Center
RESPONDENTS: Senate Leadership Fund and Caleb Crosby, in his official capacity as treasurer; SMP and Rebecca Lambe, in her official capacity as treasurer; Congressional Leadership Fund and Caleb Crosby, in his official capacity as treasurer; Hold Them Accountable and Taryn Vogel, in her official capacity as treasurer (f/k/a LMG PAC); Future45 and Maria Wojciechowski, in her official capacity as treasurer; American Crossroads and Caleb Crosby, in his official capacity as treasurer; American Future Fund Political Action and Chris Marston, in his official capacity as treasurer; Carolina Blue and Doug Heyl, in his official capacity as treasurer; DefendArizona and Benjamin Ottenhoff, in his official capacity as treasurer; Faith and Power PAC and Ezekiel Patterson, in his official capacity as treasurer; Highway 31 and Edward Still, in his official capacity as treasurer; Illinois Conservatives PAC and Kim Ledesma, in her official capacity as treasurer; Keep Kentucky Great and Caleb Crosby, in his official capacity as treasurer; Liberty SC and Lisa Pearson, in her official capacity as treasurer; Lone Star Values PAC and Maria Wojciechowski, in her official capacity as treasurer; The Maine Way PAC and Ben Ottenhoff, in his official capacity as treasurer; Mountain Families PAC and Benjamin Ottenhoff, in his official capacity as treasurer; Peachtree PAC and Julie Dozier, in her official capacity as treasurer; Plains PAC and Julie Dozier, in her official capacity as treasurer; Red and Gold and Roy Herrera, Jr., in his official capacity as treasurer; Sunflower State and Jim Jesse, in his official capacity as treasurer; Texas Forever and Christopher R. Lippincott, in his official capacity as treasurer; and Truth Still Matters PAC and Devy Enz, in her official capacity as treasurer
SUBJECT: The complaint alleged that five independent expenditure-only political committees (IEOPCs; collectively, the Contributor Committees) established, financed, maintained, or controlled 17 other IEOPCs and one hybrid PAC (collectively, the Recipient Committees) with the intent of temporarily disguising the Contributor Committees’ roles in funding the Recipient Committees’ operations and independent expenditures. The complaint alleged further than the Contributor Committees and the Recipient Committees then failed to report one another as affiliated on their Statements of Organization and failed to report transactions between them as transfers to and from affiliated committees.
DISPOSITION: The Commission closed the file. Vice Chairman Cooksey and Commissioners Dickerson and Trainor and Commissioners Broussard and Weintraub issued a Statement of Reasons.

MURs 7951 and 8003

COMPLAINANTS: End Citizens United; and Tom Painter
RESPONDENTS: Kistner for Congress and Thomas Datwyler, in his official capacity as treasurer (the Committee); and Tyler Kistner
SUBJECT: The complaints alleged that Kistner and the Committee converted campaign funds to personal use when the Committee reimbursed Kistner for travel in his personal vehicle that was in excess of his campaign travel. In addition, the complaint in MUR 8003 alleged that the Committee failed to adequately itemize a reimbursement it made to Kistner. Kistner was a 2020 and 2022 candidate for Minnesota’s 2nd Congressional District.
DISPOSITION: The Commission dismissed the allegation that the Committee failed to itemize a disbursement it made to Kistner. The Commission closed the file related to the allegation that the respondents converted campaign funds to personal use. Vice Chairman Cooksey and Commissioners Dickerson and Trainor issued a Statement of Reasons.

MUR 7961

COMPLAINANT: Democratic Governors Association
RESPONDENTS: Lou Barletta; Mary Grace Barletta; Leaders Only Unite Political Action Committee and Robert Carlin, in his official capacity as Treasurer (LOU PAC); Yankee PAC and Nancy Watkins, in her official capacity as Treasurer (Yankee Committee)
SUBJECT: The complaint alleged that LOU PAC paid for office space at a property jointly owned by former Pennsylvania Congressman and former U.S. Senate candidate Lou Barletta and his wife, Mary Grace Barletta, on multiple occasions and in varying amounts during the 2019-2020 election cycle, totaling $33,000. The complaint noted that during this period, LOU PAC received a transfer of $57,428.51 from Yankee PAC, a nonconnected committee which converted from Lou Barletta for Senate. Based on these claims, the complaint alleged that LOU PAC, at times, overpaid on rental expenses, and thereby, converted campaign funds for personal use, while in other times, underpaid, resulting in the Barlettas making unreported and excessive contributions.
DISPOSITION: The Commission found no reason to believe that LOU PAC failed to report contributions, converted campaign funds to personal use, or accepted excessive contributions from Lou and Mary Grace Barletta. The Commission also found no reason to believe that Lou and Mary Grace Barletta converted campaign funds to personal use or made excessive contributions to LOU PAC. The Commission found no reason to believe that the Yankee Committee converted campaign funds to personal use. Commissioners Broussard and Weintraub issued a Statement of Reasons and Vice Chairman Cooksey issued a Supplemental Statement of Reasons.

MUR 8011

COMPLAINANT: Campaign Legal Center
RESPONDENTS: Daniel Defense, LLC; and Gun Owners Action Fund and Nancy H. Watkins in her official capacity as treasurer (GOAF)
SUBJECT: The complaint alleged that Daniel Defense, LLC violated the Federal Election Campaign Act of 1971, as amended (the Act), by making a $100,000 contribution to GOAF, an independent expenditure-only political committee, while it was a federal contractor. The complaint also raised questions as to whether GOAF knowingly solicited a prohibited contribution from a federal contractor.
DISPOSITION: The Commission entered into a conciliation agreement providing for Daniel Defense, LLC to pay a civil penalty of $19,000. The Commission closed the file in connection with the allegations concerning GOAF. Vice Chairman Cooksey and Commissioners Dickerson and Trainor issued a Statement of Reasons.

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 1088

COMPLAINANT: FEC-Initiated
RESPONDENT: Kentucky State Democratic Central Executive Committee and M. Melinda Karns 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 receipts by $116,641 for the calendar year 2018 and did not maintain monthly payroll logs or equivalent records, totaling $443,976, to document the percentage of time each Committee employee spent in connection with a federal election for calendar years 2017 and 2018.
DISPOSITION: The Committee agreed to 1) certify annually for two years that it continued to retain the services of a compliance firm; 2) certify that a representative participated in an FEC training program; and 3) pay a civil penalty of $9,800.

Regulations and agency procedures

Notice of Public Hearing. On March 3, the Commission published a Notice of Public Hearing in the Federal Register announcing that on Wednesday, March 22, 2023, it will hold a hybrid public hearing at 11:00 a.m. EDT on proposed changes to regulations regarding the use of campaign funds by a candidate’s principal campaign committee to pay compensation to the candidate. Witnesses will include those who indicated in their timely submitted written comments on the Notice of Proposed Rulemaking (published in the Federal Register on December 12, 2022) that they wished to testify at the hearing. The Commission may also invite witnesses to testify. A full witness list will be announced by the Commission prior to the hearing.

Litigation

End Citizens United PAC v. FEC (Case No. 22-5277) On February 24, Intervenor-Appellee New Republican PAC filed a Brief in the U.S. Court of Appeals for the District of Columbia Circuit.

Freedman v. FEC (Case No. 22-1542) On February 27, Plaintiff filed a Response to the Commission’s Motion to Dismiss for Lack of Subject Matter Jurisdiction in the U.S. District Court for the District of Columbia.

Outreach

On March 1, Chair Lindenbaum spoke with a group of students at the Harvard Kennedy School.

Press releases

FEC to hold March 22 hearing on candidate salaries (issued March 3)

Upcoming Commission meetings and hearings

March 22, 2023: The Commission is scheduled to hold a hybrid public hearing on proposed changes to regulations regarding the use of campaign funds by a candidate’s principal campaign committee to pay compensation to the candidate.

March 28, 2023: The Commission is scheduled to meet in executive session.

March 30, 2023: The Commission is scheduled to hold an open meeting.

April 18, 2023: The Commission is scheduled to meet in executive session.

April 19, 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.