Week of May 31- June 4, 2021
Commission meetings and hearings
No open meetings or executive sessions were scheduled this week.
Advisory Opinions
Request Received
Advisory Opinion Request 2021-07 (PACMS) On May 28, the Commission made public an advisory opinion request by PAC Management Services, LLC. The requestor proposes to provide a platform through which a client could authorize entities to solicit the client for contributions and could make contributions in response to such solicitations. The requestor asks several questions about the permissibility of its proposal. The Commission must issue a response by July 16, 2021.
Enforcement
The Commission made public 11 closed cases, as follows. For more information, see the case documents in the Enforcement Query System.
COMPLAINANT: Foundation for Accountability and Civic Trust
RESPONDENTS: Catherine Cortez Masto; Catherine Cortez Masto for Senate and Kim R. Wallin, in her official capacity as treasurer (Masto Committee); and Senate Majority PAC and Rebecca Lambe, in her official capacity as treasurer (Senate Majority PAC)
SUBJECT: The complaint alleged that the Masto Committee coordinated advertisements with Senate Majority, an independent expenditure-only political committee, resulting in excessive and prohibited in-kind contributions. Cortez Masto was a 2016 candidate for Nevada’s United States Senate seat.
DISPOSITION: On April 20, 2021, the Commission found no reason to believe that Cortez Masto or the Masto Committee impermissibly received, or that Senate Majority PAC made, excessive and/or prohibited in-kind contributions because the available record did not support a reasonable inference that the Masto Committee coordinated with Senate Majority PAC on the advertisements at issue.
COMPLAINANT: Marc E. Elias, General Counsel to Hillary for America
RESPONDENT: Unknown Respondent
SUBJECT: The complaint made allegations against an unknown respondent regarding an apparently fraudulent website, including an allegation that said respondent violated the Federal Election Campaign Act of 1971, as amended (the Act), by fraudulently misrepresenting itself as acting for, or on behalf of, 2016 Presidential candidate Hillary Clinton for the purpose of soliciting contributions.
DISPOSITION: On February 8, 2018, the Commission found reason to believe that the Unknown Respondent violated the Act by fraudulently misrepresenting itself as acting for, or on behalf of Clinton and her authorized committee, Hillary for America, for the purpose of soliciting contributions through the website. On May 6, 2021, the Commission voted to take no further action as to the Unknown Respondent and closed the file.
COMPLAINANT: Hagan for Congress
RESPONDENT: Anthony Gonzalez for Congress and Natalie K. Baur, in her official capacity as treasurer (the Committee); and Conservative Leadership Now PAC and Paul Kilgore, in his official capacity as treasurer (CLN)
SUBJECT: The complaint alleged that CLN, an independent expenditure-only political committee, made and the Committee accepted in-kind contributions in the form of coordinated communications and failed to report them. Gonzalez was a 2018 candidate for Ohio’s 16th Congressional District.
DISPOSITION: The Commission found no reason to believe CLN made and the Committee accepted in-kind contributions since the activity at issue did not satisfy the conduct prong of the three-part coordinated communications test.
COMPLAINANT: Susan N. Willoughby
RESPONDENTS: Center for Voter Information (CVI); and Kopser for Congress and Steven M. Carroll, in his official capacity as treasurer (the Committee)
SUBJECT: The complaint alleged that CVI, a nonprofit social welfare organization established under Section 501(c)(4) of the Internal Revenue Service Code, made and the Committee received prohibited contributions when CVI sent mailers supporting Joseph Kopser’s 2018 candidacy for Texas’s 21st Congressional District.
DISPOSITION: The Commission dismissed the matter because the record was insufficient to support the allegations.
COMPLAINANT: Shaunna Thomas
RESPONDENTS: Donald J. Trump for President, Inc. and Bradley T. Crate, in his official capacity as treasurer (the Committee); and Donald J. Trump
SUBJECT: The complaint alleged that Trump and the Committee used campaign funds to pay a law firm to represent Trump in a civil defamation action.
DISPOSITION: The Commission dismissed the matter because the complaint did not establish a reasonable inference that the payment at issue benefited Trump in his personal capacity and because there was no information to weaken the Respondents’ assertion that the payment was for a separate matter on behalf of the Committee.
COMPLAINANT: Angela Marie Walls-Windhauser
RESPONDENTS: Paul J. Manafort, Jr.; and Donald J. Trump for President, Inc. and Bradley T. Crate, in his official capacity as treasurer (the Committee)
SUBJECT: The complaint alleged that a television station canceled a campaign television advertisement for the complainant, a 2016 candidate for Florida’s United States Senate seat, and replaced it with an ad for candidate Trump’s presidential campaign. The complaint alleged further that the Trump ad was paid with foreign funds provided by and through Manafort, a Trump presidential campaign official.
DISPOSITION: The Commission dismissed the matter because there was no information in the record suggesting that Manafort solicited or assisted in obtaining foreign national funds for Trump Committee advertising in Florida or that prohibited foreign national funds were used by Manafort or others to purchase the Trump campaign ad at issue.
COMPLAINANT: John L. Brant Jr.
RESPONDENTS: Cynthia Brehm for San Antonio City Council, District 8 (the Committee); Cynthia Brehm; and Hail Alanazi
SUBJECT: The complaint alleged that Brehm and the Committee accepted a $500 donation from Alanazi, a citizen of Saudi Arabia, in connection with Brehm’s election campaign for City Council in San Antonio, Texas.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter, cautioned the Committee against such violations in the future, and cautioned that the Committee should refund the donation. The Commission observed the relatively small amount at issue and other specific circumstances addressed in the matter.
COMPLAINANT: Donald Handeland
RESPONDENTS: Alaska Republican Party and Lorne Bretz, in his official capacity as treasurer (the Committee); and Alaska Republican Party Chairman Glenn Clary
SUBJECT: The complaint alleged that the committee improperly used the former treasurer’s electronic signature to file its April 2020 monthly report.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter. The Commission noted that the Committee had filed amended Statements of Organization correcting the name of its treasurer.
COMPLAINANT: Ryan B. Horn
RESPONDENT: Friends of Jason Atkinson and Jason Atkinson, in his official capacity as treasurer (the Committee)
SUBJECT: The complaint alleged that the Committee failed to accurately report debts owed to Bullhorn Communications, LLC, in its disclosure reports. Atkinson was a 2020 primary candidate for Oregon’s 2nd Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter. The Commission observed that the Committee has identified the debts as disputed following the complaint and that the dollar amount at issue is relatively low.
COMPLAINANT: Aras Jonikas
RESPONDENT: Unknown Respondent
SUBJECT: The complaint alleged that an unidentified person filed a false Statement of Organization that (1) identified the complainant as treasurer of the committee without the complainant’s permission, (2) contained racist language meant to be attributed to the complainant, and (3) revealed complainant’s personal information.
DISPOSITION: The Commission dismissed the matter because Unknown Respondent was not subject to the reporting requirements of the Act due to the fact that the entity s/he allegedly sought to register with the Commission did not meet the definition of a political committee.
COMPLAINANT: Self-Initiated
RESPONDENT: United States Automobile Association Employee PAC and Jeff Wallace, in his official capacity as treasurer (USAA PAC)
SUBJECT: USAA PAC filed a sua sponte submission notifying the Commission that from July 12, 2013 to July 12, 2018, it had collected $165,476 in contributions via payroll deduction from 1,358 employees who were not in the separate segregated fund’s restricted class.
DISPOSITION: The Commission found reason to believe USAAE PAC improperly solicited employees and entered into a conciliation agreement providing for USAAE PAC to pay a civil penalty of $12,800.
Administrative Fines
The Commission made public six closed cases, as follows. For more information, see the case documents in the Enforcement Query System.
AF 3853 Conservatives for a Better North Carolina and Sara Hendricks, in her official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
AF 3908 Conservatives for a Better North Carolina and Sara Hendricks, in her official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
AF 3919 Conservatives for a Better North Carolina and Sara Hendricks, in her official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
AF 3927 Conservatives for a Better North Carolina and Sara Hendricks, in her official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
AF 4011 Conservatives for a Better North Carolina and Sara Hendricks, in her official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
AF 4015 Conservatives for a Better North Carolina and Sara Hendricks, in her official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
Litigation
Ted Cruz for Senate, et al. v. FEC (Case No. 19-908) On June 3, the U.S. District Court for the District of Columbia issued a Memorandum Opinion and Order denying the Commission’s motion for summary judgment and granting Plaintiffs’ motion for summary judgment.
Outreach
On June 2, Chair Shana M. Broussard represented the Federal Election Commission at a virtual meeting of the Tribunal Supremo Electoral of Guatemala.
On June 2, the Commission hosted a workshop on understanding contribution limits.
Public Disclosure
On May 28, the Office of the Inspector General made public its Semiannual Report to Congress, covering October 1, 2020-March 31, 2021.
Regulations and agency procedures
On May 28, the Commission made public its Fiscal Year 2022 Congressional Budget Justification.
Press Releases
District Court issues opinion in Ted Cruz for Senate, et al. v. FEC (issued June 3)
Upcoming educational programs
June 9, 2021: The Commission will host a webinar for candidate committees.
June 23, 2021: The Commission will host a FECFile webinar for candidate committees.
July 14, 2021: The Commission will host a FECFile webinar for PACs and party committes.
August 17-18, 2021: The Commission will host a Regional Hybrid Conference in Denver, CO.
For more information on upcoming training opportunities, see the Commission’s Trainings page.
Upcoming Commission meetings
June 8 and 10, 2021: The Commission is scheduled to meet in executive session.
June 10, 2021: The Commission is scheduled to hold an open meeting.
June 22, 2021: The Commission is scheduled to meet in executive session.
June 24, 2021: The Commission is scheduled to hold an open meeting.
Upcoming reporting due dates
June 20: June Monthly Reports are due. For more information, see the 2021 Monthly 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.
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 currently. The use of the agency’s logo, name, and likeness on other media has not been authorized by the FEC.
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- Judith Ingram
- Press Officer
- Judith Ingram
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- Christian Hilland
- Deputy Press Officer
- Christian Hilland
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- Myles Martin
- Public Affairs Specialist
- Myles Martin