Week of July 29 – August 2, 2024

Commission meetings and hearings

No open meetings or executive sessions were scheduled this week.

Advisory Opinions

Request Received

Advisory Opinion Request 2024-11 (Caroline Gleich) On August 1, the Commission made public an advisory opinion request from Caroline Gleich, a 2024 candidate for the U.S. Senate in Utah. The requestor asks whether she may receive salary payments from her campaign committee during the 20-day period after she ceases to become a candidate for work performed prior to the end of her candidacy, and whether her appearances in paid advertisements to promote the products and services of brands and companies within 90 days of an election in Utah are exempt from regulation as coordinated communications. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than August 12) and must issue a response no later than 60 days after the receipt of the complete request, that is, September 24, 2024.

Comments Received

Advisory Opinion Request 2024-07 (Team Graham) This week, the Commission received a comment from the NRSC and a comment from the counsel to the requestor on the advisory opinion request.

Enforcement

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

MUR 7894R

COMPLAINANT: Campaign Legal Center
RESPONDENT: Georgia Republican Party, Inc., and Laurie L. McClain, in her official capacity as treasurer (Georgia GOP)
SUBJECT: The complaint alleged that the Georgia GOP knowingly accepted and failed to report prohibited, corporate in-kind contributions from True the Vote, Inc., a 501(c)(3) non-profit corporation, in the form of various services including a voter hotline, ballot-curing support, signature verification training, absentee ballot drop box monitoring, and other election integrity initiatives in connection with the 2021 Senate runoff election in Georgia.
DISPOSITION: The Commission previously considered the matter and closed the file. In September 2023, the U.S. District Court for the District of Columbia held that the Commission’s dismissal of the disclosure allegations was contrary to law and remanded the matter for proceedings consistent with that opinion. On October 17, 2023, the Commission found reason to believe that the Georgia GOP failed to disclose the in-kind contributions it received from True the Vote in the form of the various expenditures that True the Vote made in coordination with the Georgia GOP regarding the 2021 Senate runoff. On July 22, 2024, the Commission entered into a Conciliation Agreement providing for the Georgia GOP to pay a civil penalty of $14,500. Vice Chair Ellen L. Weintraub and Commissioner Shana M. Broussard issued a Statement of Reasons.

MUR 8110

COMPLAINANTS: Vladimir Shklovsky; and David Lewicki
RESPONDENTS: American Coalition for Conservative Policies (ACCP); Policies, Solutions, and Action for America (PSAA); RightOn Issues, Inc. (RightOn Issues); Georgia United Victory and Paul Kilgore, in his official capacity (terminated); RightOn Time and Paul Kilgore, in his official capacity as treasurer (terminated); Georgia Action Fund and Kayla Glaze, in her official capacity as treasurer; John Fogarty, Jr., in his personal capacity; Christopher Marston, in his personal capacity; Moses Ayala, in his personal capacity; Caleb Crosby, in his personal capacity; Paul Kilgore, in his personal capacity; Kayla Glaze, in her personal capacity; and Unknown Respondent(s)
SUBJECT: The complaint alleged that Unknown Respondent(s) gave $5 million dollars to ACCP, a nonprofit corporation, which in turn made transfers to two intermediary nonprofit corporations, PSAA and RightOn Issues, entities which then allegedly made electioneering expenditures and various transfers to three independent expenditure-only political committees (Super PACs): Georgia United Victory, Georgia Action Fund, and RightOn Time. Additionally, an amended complaint contended that RightOn Issues spent another $2,166,506 on payments to two vendors located in Georgia with ties to the Georgia Republican Party and David Perdue, a 2020 candidate for Georgia’s U.S. Senate seat. The amended complaint alleged that these transactions violated the prohibition on the making and knowing receipt of contributions in the name of another. The amended complaint further alleged that ACCP, PSAA, and RightOn Issues failed to register and report as political committees and that various officers of these nonprofit corporations should be held personally liable. Finally, the amended complaint alleged that RightOn Issues failed to file an independent expenditure report in connection with payments for a mailer and a January 5, 2021, Facebook ad.
DISPOSITION: The Commission closed the file. Chairman Sean J. Cooksey and Commissioners Allen J. Dickerson and James E. “Trey” Trainor, III issued a Statement of Reasons.

MUR 8134

COMPLAINANT: Tiffany Muller, End Citizens United
RESPONDENTS: Lauren Boebert; Lauren Boebert for Congress and Taylor Moose, in her official capacity as treasurer (Boebert Committee); and We the People Leadership PAC and Taylor Moose, in her official capacity as treasurer (Leadership PAC)
SUBJECT: The complaint alleged that the Leadership PAC made and Boebert and the Boebert Committee accepted an excessive in-kind contribution when the Leadership PAC spent $59,981.98 on voter contact calls and text messages that seemingly supported Boebert’s candidacy but failed to accurately report the expenditures, either as independent expenditures or as in-kind contributions to the Boebert Committee. Boebert was a 2022 candidate for Colorado’s 3rd Congressional District.
DISPOSITION: The Commission dismissed the matter.

MUR 8155

COMPLAINANT: Rebecca Joy Faust
RESPONDENTS: Joe Kent for Congress and Thomas Datwyler, in his official capacity as treasurer (Kent Committee); Joe Kent Victory Fund and Thomas Datwyler, in his official capacity as treasurer; Keep Electing New Talent PAC and Thomas Datwyler, in his official capacity as treasurer; Joseph Kent; and Judith Knight
SUBJECT: The complaint alleged that Knight made and the Kent Committee accepted $14,500 in 2023, in excess of the $3,300 per election contribution limit for individuals during the 2024 election cycle. The complaint further alleged that Knight’s contributions exceeded the $2,900 per election contribution limit for the 2022 election cycle because some portion of the $14,500 may have been designated to retire 2022 election cycle debt, and Knight had already contributed the maximum permissible amount in the 2022 election cycle. Kent was a 2022 and is a 2024 candidate for Washington’s 3rd Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter.

MUR 8172

COMPLAINANT: Kendra Arnold, Foundation for Accountability and Civic Trust
RESPONDENTS: Antonio Valdovinos; La Machine Consulting LLC; Ruben Gallego; Gallego for Arizona and Roy Herrera, in his official capacity as treasurer (Gallego Committee); Friends of Jevin D. Hodge and Dacey Montoya, in her official capacity as treasurer (terminated) (Hodge Committee); Arizona Democratic Party and Rick McGuire, in his official capacity as treasurer (ADP); and DSCC and Allison Wright, in her official capacity as treasurer (DSCC)
SUBJECT: The complaint alleged that Valdovinos, a foreign national, made and ADP and the Hodge Committee knowingly accepted prohibited foreign national contributions. The complaint alleged further that Valdovinos made and Gallego, the Gallego Committee, and the DSCC accepted foreign national contributions via services he provided as an individual staffer and later through his company, La Machine, and when they permitted Valdovinos to participate in their decision-making.
DISPOSITION: The Commission dismissed the allegations.

Alternative Dispute Resolution

The Commission made public one closed case, as follows. For more information, see the case documents in the Alternative Dispute Resolution Search System.

ADR 1160

COMPLAINANT: FEC-Initiated
RESPONDENT: A Better NC
SUBJECT: In the normal course of carrying out its supervisory responsibilities, the Commission initiated proceedings to determine whether there was reason to believe the Respondent failed to timely file one 48-Hour Report to support one independent expenditure totaling $200,000 disclosed on its 2022 October Quarterly Report.
DISPOSITION: The Respondent agreed to participate in an FEC training and pay a civil penalty of $10,000.

Regulations and agency procedures

REG 2013-06 (Administrative Fines Program Expansion) - Notice of Proposed Rulemaking On August 1, the Commission published a Notice of Proposed Rulemaking in the Federal Register proposing to expand the Administrative Fines Program to include violations resulting from the failure of persons to file, or to timely file, three types of filings: (1) 24-hour reports of independent expenditures, (2) 48-hour reports of independent expenditures, and (3) 24-hour notices of electioneering communications. The program currently includes violations when political committees fail to file timely reports as required by 52 U.S.C. § 30104(a) (requiring political committee treasurers to report receipts and disbursements within certain time periods). The Commission seeks comment on the proposed rule and has made no final decision on the issues presented in this rulemaking. Commenters are encouraged to submit comments electronically via the Commission’s website by referencing REG 2013-06. The deadline for comments is September 3, 2024.

REG 2024-04 (Form 3Z) - Notice of Proposed Rulemaking On August 1, the Commission published a Notice of Proposed Rulemaking in the Federal Register proposing to amend its regulations by removing the requirement that the principal campaign committee of a candidate with multiple authorized committees must report information on FEC Form 3Z. The Commission seeks comment on the proposed rule and has made no final decision on the issues presented in this rulemaking. Commenters are encouraged to submit comments electronically via the Commission’s website by referencing REG 2024-04. The deadline for comments is September 3, 2024.

REG 2024-07 (Political Party Rules II) - Notification of Availability On August 1, the Commission published a Notice of Availability in the Federal Register of a Petition for Rulemaking from the Minnesota Democratic-Farmer-Labor Party. The party asks the Commission to amend several of its regulations applicable to state, district, or local committees of political parties. The Commission seeks comment on the notice. Commenters are encouraged to submit comments electronically via the Commission’s website by referencing REG 2024-07. The deadline for comments is September 30, 2024.

REG 2016-03 (Political Party Rules) - Notice of Disposition On August 1, the Commission published a Notification of Disposition in the Federal Register of a petition for rulemaking, which was filed in June 2016 by the Minnesota Democratic-Farmer-Labor Party. The party subsequently submitted a new petition that revoked and incorporated the substance of the 2016 Petition, and as a result, the Commission is not initiating a rulemaking in response to that petition.

Litigation

CREW v. FEC (Case No. 22-35) On July 30, Plaintiff filed a Reply in Support of Summary Judgment or Default Judgment in the U.S. District Court for the District of Columbia.

Free Speech For People, et al. v. FEC (Case No. 22-666) On August 1, the U.S. District Court for the District of Columbia issued a Memorandum Opinion and Order granting the Commission’s Motion to Dismiss and dismissing Plaintiffs’ Complaint for Declaratory and Injunctive Relief in its entirety.

Outreach

On August 1, Commissioner Trainor spoke to the Dallas Chapter of the Federalist Society on recent developments in campaign finance law.

Press releases

FEC cites committee for failure to file July Quarterly Report (issued July 29)

District Court issues opinion and order in Free Speech for People, et al. v. FEC (issued August 1)

Upcoming Commission meetings and hearings

August 13, 2024: The Commission is scheduled to meet in executive session.

August 15, 2024: The Commission is scheduled to hold an open meeting.

August 27, 2024: The Commission is scheduled to meet in executive session.

August 29, 2024: The Commission is scheduled to hold an open meeting.

Upcoming educational opportunities

September 11, 2024: The Commission is scheduled to host a webinar on Independent Expenditures and Pre-Election Communications.

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

Upcoming reporting due dates

August 20: August Monthly Reports are due. For more information, see the 2024 Monthly Reporting schedule.

Additional research materials

Election Dates. The Commission has posted 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 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 X and YouTube

Follow @FEC on X 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.