Week of June 13-17, 2022

Commission meetings and hearings

No open meetings or executive sessions were scheduled this week.

Advisory Opinions

Draft Advisory Opinions

Advisory Opinion Request 2022-03 (Democracy Engine) On June 16, the Commission made public revised Draft B of Advisory Opinion 2022-03 in response to a request from Democracy Engine, LLC, which asked whether (1) corporations may use Democracy Engine’s web platform to solicit and track contributions from members of a corporation’s restricted class to federal candidates and political committees and (2) corporations and their separate segregated funds may use Democracy Engine’s web platform to solicit and track contributions from the general public to federal candidates and political committees.

Advisory Opinion Request 2022-08 (NRCC) On June 17, the Commission made public a draft advisory opinion in response to a request by the National Republican Congressional Committee (NRCC). The requestor, a national party committee, asked whether candidates seeking nomination for election to the United States House of Representatives in New York pursuant to a newly scheduled primary election on August 23, 2022 are entitled to a separate contribution limit for the primary election.

Requests received

Advisory Opinion Request 2022-10 (Sprinkle) On June 14, the Commission made public Advisory Opinion Request 2022-10. The requestor, a for-profit company, asks whether its proposal to use its online platform and Federal Election Commission data to provide contribution processing services is permissible under the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than June 24) and must issue a response no later than 60 days after the receipt of the complete request, that is, by August 9, 2022.

Advisory Opinion Request 2022-11 (State Democracy Defenders PAC) On June 17, the Commission made public an advisory opinion request by the State Democracy Defenders PAC (SDD PAC). The requestor, a hybrid political committee, asks various questions regarding the permissibility of state parties and their chairs soliciting and directing nonfederal funds to SDD PAC. The Commission will accept written comments on the request during the 10-day period following the publication of the request (no later than June 27) and must issue a response no later than 60 days after the receipt of the complete advisory opinion request, that is, by August 5, 2022.

Extension of Time

Advisory Opinion Request 2022-06 (Hispanic Leadership Trust) On June 16, the requestor granted an extension of time until July 15.

Comment received

Advisory Opinion Request 2022-03 (Democracy Engine) On June 15, the Commission made public a comment on the request from the requestor.

Enforcement

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

MUR 7137

COMPLAINANT: Terry Miles
RESPONDENTS: Precision Pipeline, LLC; and Jillian Preller
SUBJECT: The complaint alleged that Precision Pipeline, LLC and Preller, a field office manager for the company, withheld political contributions from 13 employees’ paychecks without previously informing them of their right to refuse to contribute without any reprisal and threatening reprisal against the complainant if he continued to object to the withholdings.
DISPOSITION: The Commission entered into a conciliation agreement providing for Precision Pipeline, LLC and Preller to pay a joint civil penalty of $7,500.

MUR 7765

COMPLAINANT: Dan Rolle
RESPONDENTS: Councilwoman Michele Fiore; and Donald J. Trump for President, Inc. and Bradley T. Crate, in his official capacity as Treasurer (the Committee)
SUBJECT: The complaint alleged that Fiore, a councilwoman from Las Vegas, Nevada, used municipal resources to advocate for the election of 2020 presidential candidate Donald J. Trump. As a result, the complaint alleged, the city of Las Vegas made a prohibited corporate contribution to the Committee, which the Committee failed to disclose on its campaign finance report to the Commission.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the allegations. The Commission observed that there was insufficient information to substantiate the allegation of coordination between Fiore and the Committee, and that the amount at issue appeared to be minimal.

MUR 7784

COMPLAINANT: Campaign Legal Center and Margaret Christ
RESPONDENTS: Make America Great Again PAC f/k/a Donald J. Trump for President, Inc. and Bradley T. Crate, in his official capacity as treasurer (the Trump Committee); Trump Make America Great Again Committee and Bradley T. Crate, in his official capacity as treasurer (the TMAGA Committee); American Made Media Holding Corporation, Inc.; American Made Media Consultants, LLC (AMMC); Parscale Strategy, LLC (Parscale Strategy); Sean Dollman; Kimberly Guilfoyle; Jared Kushner; Bradley J. Parscale; John Pence; and Lara Trump
SUBJECT: The complaint alleged that the Trump Committee and the TMAGA Committee misreported payments to AMMC and Parscale Strategy, two vendors controlled by campaign staff, in an effort to conceal payments that were made by the vendors to the ultimate payees or subvendors.
DISPOSITION: The Commission closed the file. Chairman Allen J. Dickerson and Commissioners Sean J. Cooksey and James E. “Trey” Trainor, III and Commissioners Shana M. Broussard and Ellen L. Weintraub issued Statements of Reasons .

MUR 7818

COMPLAINANT: Kristina Zahorik; and Illinois Democratic County Chairs Association
RESPONDENTS: Willie Wilson 2020 and Nicole Janes, in her official capacity as treasurer (the Committee); Willie Wilson; Spectrum; WFLD; and WGN-TV
SUBJECT: The complaint alleged that Wilson and the Committee failed to include proper disclaimers on two television advertisements to indicate that the candidate approved the communications. The complaint further alleged that the television stations—Spectrum, WFLD, and WGN-TV—may have made in-kind contributions to the Committee by charging the lowest unit charge (LUC) for the advertisements since without a proper disclaimer it would have been ineligible to have receive this discounted rate, based on Federal Communications Commission rules. Wilson was a 2020 candidate for Illinois’s United States Senate seat.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the allegations. The Commission observed the remedial action taken by the Committee to request that proper disclaimers be added to future airings of the advertisements, the unlikeliness that the general public would have been confused as to whether the television communications were authorized by Wilson, and the speculative nature of the allegation regarding the alleged in-kind contributions from the television stations in the form of the LUC.

MUR 7848

COMPLAINANT: C. A. “Neil” Combee
RESPONDENTS: Cohn for Congress 2020 and Brian Foucart, in his official capacity as Treasurer (Cohn Committee); House Victory Project 2020 and Judith Zamore, in her official capacity as Treasurer (House Victory Project); and Alan Cohn
SUBJECT: The complaint alleged that House Victory Project, a joint fundraising committee, made and the Cohn Committee received an excessive contribution when House Victory Project transferred funds without being listed as an authorized joint fundraising representative on the Cohn Committee’s Statement of Organization at the time the transferred occurred. Cohn was a 2020 candidate for Florida’s 15th Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the allegations. The Commission observed that: 1) House Victory Project amended its Statement of Organization to disclose the Cohn Committee as a joint fundraising participant prior to the transfer, 2) with the exception of one contribution, all contributions comprising the transfer were received after the House Victory Project amended its Statement of Organization, 3) the Cohn Committee asserts that it entered into a joint fundraising agreement with House Victory Project, and 4) the Cohn Committee filed its late amended Statement of Organization only four days after the transfer.

MUR 7864

COMPLAINANT: Nevida Jack
RESPONDENTS: Salt River Valley Water Users’ Association (Salt River Valley WUA); Salt River Valley Water Users’ Association Political Involvement Committee and Heidi Rowe Schaefer, in her official capacity as Treasurer (SRP PIC); and Mike Jones
SUBJECT: The complaint alleged that Salt River Valley WUA impermissibly solicited contributions to SRP PIC, its separate segregate fund, when Jones, a member of its management team, suggested that the complainant become involved with SRP PIC to advance her career.
DISPOSITION: The Commission closed the file. Chairman Dickerson and Commissioners Cooksey and Trainor issued a Statement of Reasons.

Litigation

Campaign Legal Center, et al. v. FEC (Case No. 19-2336) On June 13, the United States Court of Appeals for the District of Columbia Circuit issued a Mandate.

Campaign Legal Center v. FEC (Case No. 22-5140/22-5167) On June 10, the United States Court of Appeals for the District of Columbia Circuit issued an Order that the two cases be consolidated.

End Citizens United PAC v. FEC (Case No. 21-1665) On June 16, Plaintiff filed a Notice of Appeal in the United States District Court for the District of Columbia.

FEC v. Rivera (Case No. 17-22643) On June 10, the Defendant filed a Reply to Response to Motion to Alter or Amend or for Relief from Judgment in the U.S. District Court for the Southern District of Florida.

Rulemaking and agency procedures

REG 2020-05 (Reporting Independent Expenditures). On June 14, the Commission published an interim final rule on reporting independent expenditures in the Federal Register and requested public comment by July 14. The interim final rule is intended to comply with the decision of the United States Court of Appeals for the District of Columbia Circuit, which affirmed a district court decision holding that the disclosure regulation was invalid because it conflicted with the terms of the statute, which “mandate significantly more disclosure than that required by the challenged regulation.” The new interim final rule strikes 11 CFR 109.10(e)(1)(vi), the regulation that the court found to be inconsistent with the statute. Commenters are encouraged to submit comments electronically, referencing REG 2020-05. Alternatively, commenters may submit comments in paper form, addressed to the Federal Election Commission, Attn.: Mr. Robert M. Knop, Assistant General Counsel, 1050 First Street NE, Washington, DC 20463.

Outreach

On June 15, the Commission hosted a webinar for trade associations and their PACs.

Public Disclosure

On June 10, the Commission issued the Statistical Summary of 15-Month Campaign Activity of the 2021-2022 Election Cycle.

On June 15, the Office of the Inspector General (OIG) released an Investigative Summary.

Upcoming Commission meetings

June 22, 2022: The Commission is scheduled to meet in executive session.

June 23, 2022: The Commission is scheduled to hold an open meeting.

Upcoming educational programs

June 22, 2022: The Commission will host reporting and FECFile webinars for candidates.

June 29, 2022: The Commission will host a FECFile webinar for party committees and political action committees.

July 27, 2022: The Commission will host an FECConnect OnTopic session on when to file 24- and 48-Hour Reports for Independent Expenditures.

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

Upcoming reporting due dates

June 20: June Monthly Reports are due. For more information, see the 2022 Monthly Reporting schedule.

July 15: July Quarterly Reports are due. For more information, see the 2022 Quarterly 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.

2020 Presidential General Election Results and Federal Elections 2018: Election Results for the U.S. Senate and House of Representatives are 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.