Week of June 21-25, 2021

Commission meetings and hearings

On June 22 and 24, the Commission met in executive session.

On June 24, the Commission held an open meeting.

Advisory Opinions

Advisory Opinion 2021-06 (Rep. Robin Kelly/Democratic Party of Illinois) On June 24, the Commission discussed two drafts of an advisory opinion in response to a request from Rep. Kelly and the Democratic Party of Illinois and held over the request to the next open meeting. Rep. Kelly was elected chair of the Democratic State Central Committee, which governs the Democratic Party of Illinois. Requestors ask whether adopting certain governance structures would permit Rep. Kelly to serve in her position as Chair without precluding the Democratic Party of Illinois from raising and spending non-Federal funds in amounts and from sources prohibited by the Federal Election Campaign Act of 1971, as amended (the Act), but permitted under Illinois law. On June 23, the Commission made public a comment from the Congressional Black Caucus PAC. On June 24, requestors granted an extension of time until July 20.

Enforcement

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

MUR 7779
COMPLAINANT: Ken Martin
RESPONDENTS: Weeks2020 and Mary Weeks, in her official capacity as treasurer (the Committee); and Adam Charles Weeks
SUBJECT: The complaint alleged that Weeks, a 2020 candidate for Minnesota’s 2nd Congressional District, filed a Statement of Candidacy and the Committee filed a Statement of Organization in May 2020, but the Committee failed to file multiple disclosure reports, including its 2020 July Quarterly and Pre-Primary Reports.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the complaint.

MUR 7782
COMPLAINANT: Charles J. Flynn
RESPONDENTS: Duane Whitmer for Congress and Alyce Auman, in her official capacity as treasurer (the Committee); and Duane James Whitmer
SUBJECT: The complaint alleged that the Committee sent two mailings that lacked proper disclaimers. Whitmer was a candidate from New York’s 27th Congressional District in a special election that was held on June 23, 2020.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the complaint. The Commission observed that it was unlikely that the public was misled as to who paid for the mailings.

MUR 7786
COMPLAINANT: Chris Dosev
RESPONDENT: Friends of Matt Gaetz and Steven Martin, in his official capacity as treasurer (the Committee)
SUBJECT: The complaint alleged that based on an order form concerning the purchase of airtime for a political advertisement, the Committee used an improper disclaimer in its radio ad. DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the complaint.

MUR 7787
COMPLAINANT: Martha A. Lewis
RESPONDENTS: Republican National Committee and Ronald Kaufman, in his official capacity as treasurer; Donald J. Trump for President and Bradley Crate, in his official capacity as treasurer; and Trump Make America Great Again Committee and Bradley Crate, in his official capacity as treasurer
SUBJECT: The complaint alleged that the respondents reported receiving contributions from the complainant that she had not made, including listing her business name with the contribution information in the Trump Make America Great Again Committee’s reports.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the complaint. The Commission noted that the Trump Make America Great Again Committee had filed an amended report to correct erroneous information.

MURs 7373, 7386 and 7388
COMPLAINANTS: Georgia Alvis-Long; Joshua C. Johnson; and Anne Sexton
RESPONDENTS: Cynthia Dunbar; Dunbar for Congress, Inc. and Elizabeth Curtis, in her official capacity as treasurer (the Dunbar Committee); R. Scott Sayre; Sayre Enterprises, Inc.; 6th Congressional District Republican Federal Committee and Donna Moser, in her official capacity as treasurer (6th District Committee); J. Hudson McWilliams; Albert J. Tucker, III; Mary Sayre; and Stonebridge Properties, LLC
SUBJECT: The complaints alleged that (1) Dunbar and the Dunbar Committee accepted excessive and prohibited contributions from R. Scott Sayre and Sayre Enterprises, Inc., a federal contractor, (2) Dunbar filed her Statement of Candidacy six months late, (3) the 6th District Committee failed to report any federal receipts or disbursements in the 2018 election cycle and used federally impermissible funds to finance federal election-related activities, such as a nominating convention and allocable administrative expenses such as the cost of office and meeting space used by the 6th District Committee, and (4) the 6th District Committee, made and Dunbar and the Dunbar Committee received prohibited in-kind contributions from Mary Sayre and Stonebridge Properties, LLC, in the form of office and meeting space.
DISPOSITION: The Commission found no reason to believe R. Scott Sayre and Sayre Enterprises, Inc. made and Dunbar and the Dunbar Committee received prohibited corporate or federal contractor contributions because payments made to Dunbar were for bona fide consulting services separate from her candidacy. The Commission exercised its prosecutorial discretion and dismissed the allegations that (1) Dunbar filed a late Statement of Candidacy, (2) the 6th District Committee used non-federally compliant funds to pay for activities in connection with a federal election or the federal share of administrative expenses, and (3) the 6th District Committee failed to report federal expenses and allocable expenses, allocate administrative expenses and pay for administrative expenses through the federal account. The Commission found no reason to believe that Sayre, McWilliams and Tucker, III, violated the Act as there was no information in the record supporting a conclusion that they have personal liability for the 6th District Committee’s reporting and allocation violations. The Commission further found no reason to believe Mary Sayre and Stonebridge Properties, LLC made, and the 6th District Committee received, excessive in-kind contributions in connection with meeting and office space because it was leased by Sayre Enterprises.

Alternative Dispute Resolution

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

ADR 943

COMPLAINANT: FEC-Initiated
RESPONDENT: Democratic Advancement PAC and Thomas A. Cramer, in his 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 that the Committee committed a series of reporting errors and other violations of the Act during the 2017-2018 election cycle including, among other items, the failure to file reports and late filing, and issues with allocated federal and nonfederal activity.
DISPOSITION: The Committee agreed to 1) amend relevant 2017-2018 reports to address any inadequate responses and nonresponses to requests for additional information from the Commission; 2) certify that a representative of the Committee participated in an FEC training program; 3) develop and certify implementation of a process to track receipt of, and response to, communications with the Commission; and 4) pay a civil penalty of $8,815.

ADR 989

COMPLAINANT: FEC-Initiated
RESPONDENT: Hometown Values PAC and Francis Xavier Helgesen, in his 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 that the Committee failed to file one 48-Hour Report totaling $27,586.92 supporting four independent expenditures disclosed on its 2020 April Quarterly Report, and also failed to file one 48-Hour Report totaling $26,820.71 to support one independent expenditure disclosed on its 2020 July Quarterly Report.
DISPOSITION: The Committee agreed to 1) certify closure of its federal account and to work with Commission staff to terminate its political committee status and reporting obligations upon resolution of any pending matters with the Commission; and 2) pay a civil penalty of $2,700.

ADR 996

COMPLAINANT: FEC-Initiated
RESPONDENT: Louisiana Legacy PAC and Kayla Glaze, in her 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 that the Committee failed to timely file one 48-Hour Report totaling $25,375 supporting one independent expenditure disclosed on its 2020 12-Day Pre-General Report.
DISPOSITION: The Committee agreed to 1) certify that a representative of the Committee participated in an FEC training; and 2) pay a civil penalty of $1,275.

ADR 998

COMPLAINANT: FEC-Initiated
RESPONDENT: Patriot’s Fund and Scott Greenlee, in his 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 that the Committee failed to timely file two 24-Hour Reports supporting two independent expenditures totaling $75,000 disclosed on its Amended 2020 October Quarterly Report.
DISPOSITION: The Committee agreed to 1) develop and certify implementation of a compliance operations manual which includes internal controls; 2) certify that a representative of the Committee participated in an FEC training program; and 3) pay a civil penalty of $5,600.

Administrative Fines

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

AF 3878 For Virginia and Carl Allard, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $347.

AF 3920 Day & Zimmermann, Inc Federal PAC (AKA ‘DAYPAC – Federal’) and Preston Hawkins, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $127.

AF 3921 Elect Henry Hewes 2020 and Henry Hewes, in his official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 3923 Matson, Inc. Federal Election Committee and Benedict J. Bowler, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $870.

AF 3941 For Virginia and Carl Allard, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $556.

AF 3924 Weld 2020 Presidential Campaign Committee, Inc. and Joseph Hunter, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $417.

AF 3953 Friends of Sessions Senate Committee Inc and Anita Barrera, in her official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $15,149.

AF 3955 Andom for Congress and Andom A. Ghebreghiorgis, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $347.

AF 4201 Burgess 4 Utah and Paul Kilgore, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $3,984.

Litigation

CREW, et al. v FEC (Case 19-5161) On June 23, Plaintiffs-Appellants filed a Petition for Rehearing en banc.

End Citizens United v. FEC (Case 21-1665) On June 21, Plaintiffs filed a Complaint for Declaratory and Injunctive Relief, challenging the Commission’s closure of its file with respect to an End Citizens United administrative complaint.

Regulations and agency procedures

Motion to Amend Directive 68 to Include Additional Information in Quarterly Status Reports to Commission On June 24, the Commission discussed and held over a motion to amend Directive 68 to expand and clarify the quarterly status of enforcement reports concerning matters pending before the Commission.

Proposed Statement of Policy Regarding the Disclosure of Vote Certifications Relating to Litigation On June 24, the Commission discussed but was unable to agree by four votes on a proposed Statement of Policy to establish the regular publication and disclosure of Commission votes relating to litigation matters involving the Commission.

Outreach

On June 23, Commissioner Ellen L. Weintraub participated in a panel hosted by ­­­­­the ABA Section of Civil Rights and Social Justice and CBA Constitutional and Human Rights Law Section on Disinformation: The Challenges to Democracy.

On June 23, the Commission hosted a FECFile webinar for candidate committees.

Press releases

FEC discusses advisory opinion drafts, motion to amend directive, proposed statement of policy (issued June 24)

Upcoming educational programs

July 7, 2021: The Commission will host a Virtual Conference preview workshop.

July 14, 2021: The Commission will host a FECFile webinar for PACs and party committees.

August 17-18, 2021: The Commission will host a Virtual Conference online via Zoom.

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

Upcoming Commission meetings

July 13, 2021: The Commission is scheduled to meet in executive session.

July 15, 2021: The Commission is scheduled to hold an open meeting.

July 27, 2021: The Commission is scheduled to meet in executive session.

July 29, 2021: The Commission is scheduled to hold an open meeting.

Upcoming reporting due dates

July 15: July Quarterly Reports are due. For more information, see the 2021 Quarterly Reporting schedule.

July 20: July Monthly Reports are due. For more information, see the 2021 Monthly Reporting schedule.

July 31: Mid-Year Reports are due. For more information, see the 2021 Semi-annual Reporting schedule.

Status of agency operations

See the Commission’s statement on the status of agency operations, updated on April 15, 2021. At this stage, most agency staff remain in telework status and the Commission’s office remains closed to visitors. See also the agency’s Workplace Safety Plan, dated May 6, 2021.

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 FEC Record is available as a continuously updated online news source.