Week of January 8-12, 2024

Commission meetings and hearings

On January 9 and 11, the Commission met in executive session.

On January 11, the Commission held an open meeting.

Advisory Opinions

Opinions Issued

Advisory Opinion 2023-09 (Senator Catherine Cortez Masto) On January 11, the Commission approved an advisory opinion in response to a request from Senator Catherine Cortez Masto regarding a proposal to establish a nonfederal committee that would be active exclusively in connection with nonfederal elections. The Commission concluded that the requestor may establish the nonfederal committee as proposed and that it would not share a contribution limit with her federal leadership PAC. The Commission received a comment from the requestor on the two draft advisory opinions. Chairman Sean J. Cooksey issued a Concurring Statement and Commissioners Allen J. Dickerson and James E. “Trey” Trainor, III issued a Statement regarding the advisory opinion.

Advisory Opinion 2023-10 (Sony Pictures Television) On January 11, the Commission approved an advisory opinion in response to a request from Sony Pictures Television Inc. The Commission concluded that the requestor’s production and distribution of The Good Doctor, a fictional entertainment program that includes Hill Harper, a candidate for Michigan’s U.S. Senate seat, in its cast is exempt from regulation under the media exemption of the Federal Election Campaign Act of 1971, as amended, because Sony is not owned or controlled by a political party, political committee, or candidate and it is acting in its legitimate press function. Chairman Cooksey issued a Concurring Statement.

Advisory Opinion 2023-12 (Democratic Party of the Northern Mariana Islands) On January 5, the Commission approved by tally vote an advisory opinion in response to a request from the Democratic Party of the Northern Mariana Islands. The Commission concluded that the Party qualifies as a state committee of a political party. A state party organization affiliated with a national political party qualifies as a state committee of a political party if three criteria are met: (1) the national organization with which the state party organization is affiliated must itself qualify as a political party; (2) the state party organization must be part of the official structure of the national party; and (3) the state party organization must be responsible for the day-to-day operation of the national party at the state level.

Regulations and agency procedures

LRA 1193: Request for Consideration of a Legal Question by the Commission Submitted by Stop These Oppressive People: Tyrants Racists Unqualifieds Misogynists Propagandists (“STOP TRUMP”) The Commission has posted documents related to this Request for Consideration of a Legal Question, which concerned the name of a clearly identified federal candidate in the name of an unauthorized committee on its Statement of Organization (Form 1). The Commission was unable to resolve the question presented or provide guidance to the Reports Analysis Division (RAD) on how to proceed with the matter by the affirmative vote of four or more Commissioners. Thus, pursuant to the Policy Statement Regarding a Program for Requesting Consideration of Legal Questions by the Commission, RAD may proceed with the matter. Commissioners Dickerson and Trainor issued a Statement Regarding Request for Legal Consideration 1193.

Civil Monetary Penalties Annual Inflation Adjustments 2024 On January 5, the Commission’s Final Rules to adjust its civil monetary penalty amounts for inflation were published in the Federal Register. The Commission determined these amounts through a statutory formula, which applies the most recent cost-of-living adjustment ratio, issued by the Office of Management and Budget, to the current amounts. The amended civil monetary penalties took effect as of the publication date.

Litigation

CREW v. FEC (Case No. 22-0035) On January 12, the Commission published two Vote Certifications. Commissioner Dara Lindenbaum issued a Statement Concerning the Defense Authorization in this matter.

End Citizens United PAC v. FEC (Case No. 21-1665) On September 7, 2023, the U.S. District Court for the District of Columbia issued an Order pursuant to a June 9, 2023 Opinion and Judgment by the U.S. Court of Appeals for the District of Columbia Circuit, which ordered that default judgment be entered on behalf of the Plaintiff. The Appeals Court ruled that the Commission’s dismissal of the Plaintiff’s administrative complaint in MUR 7609 was contrary to law, and that the Commission must conform to the order within 30 days. On November 7, 2023, the District Court issued a Minute Order directing the Commission to file a Status Report, and the Commission complied on November 13, 2023, detailing the Commission’s reconsideration of the remanded matter, which was designated MUR 7609R.

Palmer v. FEC (Case No. 23-5216) On January 5, Appellant filed a Response to the Commission’s Motion for Summary Affirmance in the U.S. Court of Appeals for the District of Columbia Circuit.

Commissioner Statements

On January 11, Chairman Cooksey delivered a Welcome Message at the Commission’s open meeting.

Outreach

On January 10, Chairman Cooksey met virtually with a class at the University of Florida’s Levin College of Law to discuss the Commission’s structure and rulemaking process.

Press releases

Commission approves three advisory opinions (issued January 12)

Upcoming Commission meetings and hearings

January 23, 2024: The Commission is scheduled to meet in executive session.

January 25, 2024: The Commission is scheduled to hold an open meeting.

February 6, 2024: The Commission is scheduled to meet in executive session.

February 8, 2024: The Commission is scheduled to hold an open meeting.

Upcoming educational opportunities

January 17, 2024: The Commission will host reporting and FECFile webinars for political action committees and party committees.

January 24, 2024: The Commission will host reporting and FECFile webinars for candidate committees.

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

Upcoming reporting due dates

January 31: Year-End Reports are due. For more information, visit the 2023 Semi-Annual, Quarterly and Monthly Reporting schedules.

The Commission has posted the filing dates for the Special Election for Ohio’s 6th Congressional District. For more information, visit the Special Election Report Notice.

The Commission has posted the filing dates for the Special Election for California’s 20th Congressional District. For more information, visit the Special Election Report Notice.

Additional research materials

Election Dates: The Commission has posted Preliminary 2024 Presidential and Congressional Primary Dates, which are subject to change.

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.

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.