Week of July 10-14, 2023

Commission meetings and hearings

On July 11 and 13, the Commission met in executive session.

On July 13, the Commission held an open meeting.

Advisory Opinions

Opinion Issued

Advisory Opinion Request 2023-04 (Guy for Congress) On July 13, the Commission approved Advisory Opinion 2023-04 in response to a request from Guy for Congress, the principal campaign committee of Congressman Guy Reschenthaler, regarding a proposal to use campaign funds to pay for the purchase and installation of a special security film on the windows of his home. The Commission concluded that the proposed use of campaign funds to protect the Congressman’s home and occupants against threats arising from the Congressman’s duties as a federal officeholder is a permissible use of campaign funds under the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations.

Enforcement

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

MURs 7724 and 7752

COMPLAINANTS: Anne Meng; Gerry Lea Fuller; Amy Denton; and Anita Haddock
RESPONDENTS: Johnny Teague for Congress Campaign Committee and James Poullard, in his official capacity as treasurer (the Committee); Church at the Cross; and Dr. Johnny Mark Teague
SUBJECT: These matters involve two complaints filed with the Commission alleging that Teague, a 2020 candidate for Texas’ 9th Congressional District and Senior Pastor at the Church at the Cross (the Church) in Houston, Texas, merged his campaign and business activities. Specifically, the complaints alleged that the Church made, and Teague and the Committee knowingly accepted, a prohibited in-kind contribution when the Church aired a television ad featuring Teague shortly before the Republican primary election and failed to include a proper disclaimer. The complaints further alleged that Teague used the Church’s Facebook account to communicate about his campaign, and the Committee used the Church as a campaign office.
DISPOSITION: The Commission found no reason to believe that: 1) the Church made, and Teague and the Committee knowingly accepted, a prohibited in-kind contribution in connection with the Church’s Facebook posts; 2) the Committee failed to report the receipt of a prohibited in-kind contribution in connection with the Church’s Facebook posts; and 3) the Church failed to include a proper disclaimer on its Facebook posts. The Commission dismissed as a matter of prosecutorial discretion the allegations that: 1) the Church made, and Teague and the Committee knowingly accepted, prohibited in-kind contributions in connection with the television ad and the use of the Church address and facilities; 2) the Committee failed to report the receipt of in-kind contributions in connection with the television ad and the use of the Church address and facilities; and 3) the Church failed to include a disclaimer on the television ad, and failed to include information about its electioneering communications. Vice Chairman Sean J. Cooksey and Commissioner Allen J. Dickerson issued Statements 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 1105

COMPLAINANT: FEC-Initiated
RESPONDENT: Stand for NH PAC and Chris Marston, 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 file one 24-Hour Report to support three independent expenditures totaling $66,950 disclosed on its 2022 October Quarterly Report.
DISPOSITION: The Committee agreed to certify closure of its federal account, to file a termination report and work with Commission staff to terminate its political committee status and reporting obligations, and to pay a civil penalty of $5,000.

Regulations and agency procedures

Proposed Agency Procedure Regarding Litigation Brought Pursuant to 52 U.S.C. § 30109(a)(8) On July 13, the Commission approved, with a delayed implementation of 30 days, an agency procedure regarding litigation under a provision of the Act that provides a cause for action for “any party aggrieved by an order of the Commission dismissing a complaint filed by such party… or by a failure of the Commission to act on such complaint.” The procedure provides that in any case where the Commission does not agree, by four or more affirmative votes, to defend an action brought under 52 U.S.C. § 30109(a)(8) alleging a failure of the Commission to act, or where the lack of a quorum prevents Commission action, the Office of General Counsel will 1) apprise the court that the Commission has not voted to defend the action, 2) inform the U.S. Assistant Attorney General for the Civil Division that the Commission has not voted to defend the action, and 3) file, under seal, a copy of each vote certification, subject to appropriate redactions, concerning the underlying administrative complaint giving rise to the lawsuit at issue. The Commission received two comments on the proposal.

Notice of Availability in REG 2022-05 (Conduit Reporting Threshold) On July 7, the Commission received a late comment from the Institute for Free Speech on the Notice of Availability.

Litigation

Campaign Legal Center v. FEC (Case No. 22-5140) On July 11, the U.S. Court of Appeals for the District of Columbia Circuit issued a Mandate.

Ready to Win v. FEC (Case No. 22-3282) On July 14, Plaintiff filed a Notice of Appeal.

Outreach

On July 12, the Commission hosted an FECConnect OnTopic discussion on PAC and party registration.

Press releases

FEC approves advisory opinion, procedure concerning litigation (issued July 13)

Upcoming Commission meetings and hearings

August 8, 2023: The Commission is scheduled to meet in executive session.

August 10, 2023: The Commission is scheduled to hold an open meeting.

August 29, 2023: The Commission is scheduled to meet in executive session.

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

Upcoming educational programs

July 19, 2023: The Commission is scheduled to host a FECFile webinar for PACs and party committees.

August 30, 2023: The Commission is scheduled to host a Candidate 101 webinar.

September 27, 2023: The Commission is scheduled to host a full-day Seminar for Separate Segregated Funds at its headquarters in Washington, D.C. In-person attendance is limited, but virtual attendance is also available.

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

Upcoming reporting due dates

July 15: July Quarterly Reports are due. For more information, see the 2023 Quarterly Reporting schedule. The Reports Analysis Division and Electronic Filing Office will be available until 8 p.m. EDT on Friday, July 14 for assistance in filing reports.

July 20: July Monthly Reports are due. For more information, see the 2023 Monthly Reporting schedule.

July 31: Mid-Year Reports are due. For more information, see the 2023 Semi-Annual 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.

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.