Week of November 1-5, 2021

Commission meetings and hearings

No open meetings or executive sessions were scheduled this week.

Advisory Opinions

Draft Advisory Opinions

Advisory Opinion Request 2021-10 (Retail Benefits, Inc.) On November 1, the Commission made public a draft advisory opinion. The requestor, Retail Benefits, Inc., provides customized software for organizations to use in offering loyalty programs to their customers and supporters. The requestor proposes to provide a similar service to political committees to use for fundraising purposes. The requestor asks several questions about the permissibility of its proposal and its potential obligations as the provider of the service.

Advisory Opinion Request 2021-12 (Congressman Adam Schiff and Schiff for Congress) On November 1, the Commission made public two draft advisory opinions (Draft A and Draft B). In the advisory opinion request, Schiff and Schiff for Congress (the Committee) present alternative proposals for renting the Committee’s email list in connection with promoting a book written by Schiff.

Enforcement

The Commission made public 11 closed cases, as follows. For more information, see the case documents in the Enforcement Query System.

MURs 7350, 7351, 7357, and 7382

COMPLAINANTS: J. Whitfield Larrabee; The Resistance Committee Action Fund; Common Cause; Paul S. Ryan; Campaign Legal Center; Sandhya Bathija; and North Carolina Democratic Party
RESPONDENTS: Cambridge Analytica LLC (Cambridge); SCL Group LTD (SCL); Donald J. Trump; Donald J. Trump for President, Inc., and Bradley T. Crate, in his official capacity as treasurer (Trump Committee); Make America Number 1 and Jacquelyn James, in her official capacity as treasurer (Make America Number 1); Alexander Nix; Mark Turnbull; Stephen K. Bannon; Bradley J. Parscale; Christopher Wylie; Rebekah Mercer; Nigel Oaks; Alexander Tayler; Jared Kushner; Cruz for President and Bradley S. Knippa, in his official capacity as treasurer (Cruz Committee); Thom Tillis Committee and Collin McMichael, in his official capacity as treasurer (Tillis Committee); Art Robinson for Congress and Art Robinson, in his official capacity as treasurer (Robinson Committee); John Bolton Super PAC and Cabell Hobbs, in his official capacity as treasurer (Bolton PAC); North Carolina Republican Party and Jason Lemons, in his official capacity as treasurer (NCRP); and Tim Glister
SUBJECT: These matters involve four separate complaints filed with the Commission alleging various violations of the Federal Election Campaign Act of 1971, as amended (the Act), which stemmed from services that Cambridge provided to numerous political committees during the 2014 and 2016 election cycles. Three of the complaints (MURs 7350, 7351, and 7357) alleged that Cambridge and its foreign parent, SCL, violated the provisions of the Act and Commission regulations that prohibit foreign nationals from directly or indirectly participating in the management or decision-making processes of political committees with regard to their federal election activities. These complaints alleged that Cambridge participated in the management or decision-making process of four committees in 2014, the Tillis Committee, Bolton PAC, NCRP, and the Robinson Committee, and three committees in 2016, the Cruz Committee, the Trump Committee, and Make America Number 1. The complaints further alleged that various individuals associated with Cambridge and the committees violated the foreign national prohibition. In addition, two of the complaints alleged that during the 2014 election cycle, the Bolton PAC made coordinated communications with the Tillis Committee and NCRP using Cambridge as a common vendor.
DISPOSITION: On July 24, 2019, the Commission found reason to believe Cambridge, the Tillis Committee, Bolton PAC, NCRP, the Robinson Committee, and Wylie, a foreign national, violated 52 U.S.C. § 30121, and 11 C.F.R. § 110.20(i), because foreign nationals participated in the Cambridge client committees’ management or decision-making processes in connection with their election-related spending. On August 20, 2019, the Commission found reason to believe Nix, another foreign national, violated the same provisions. The Commission took no further action at the time in connection with other respondents. Having concluded an investigation into the matters, on September 30, 2021, the Commission closed the file. Chair Shana M. Broussard and Commissioner Ellen L. Weintraub issued a Statement of Reasons.

MUR 7502

COMPLAINANT: Alliance for a Better Utah
RESPONDENTS: Utah Love PAC f/k/a Friends of Mia Love and Robert F. Carlin, in his official capacity as treasurer (the Committee); and Mia Love
SUBJECT: The complaint alleged that Mia Love, a candidate for Utah’s 4th Congressional District in 2018, and the Committee (Love’s former principal campaign committee) impermissibly accepted contributions designated for a primary election that was ultimately cancelled because Love won the Republican Party’s nomination for the seat via the Utah Republican Party convention.
DISPOSITION: The Commission closed the file. Vice Chair Allen Dickerson and Commissioners Sean J. Cooksey and James E. “Trey” Trainor, III issued a Statement of Reasons.

MUR 7512

COMPLAINANT: Wim de Vriend
RESPONDENTS: Pembina Pipeline Corporation; Fort Chicago Holdings, II US, LLC; Jordan Cove Energy Project L.P., Jordan Cove LNG, LLC, and Jordan Cove LNG, L.P. (collectively, Jordan Cove); Jordan Cove LNG LLC PAC and Allison Murray in her official capacity as treasurer (Jordan Cove PAC); Save Coos Jobs Committee; ChamberPAC, Coos County Alliance for Progress, Oregon Business & Industry Candidate PAC, Oregonians to Maintain Community Standards, The Roseburg Area Chamber PAC, Brad Witt for State Representative, Caddy McKeown for Representative, Citizens to Elect Carl Wilson, Committee to Elect Betsy Johnson, Committee to Elect John Sweet, Friends of Dallas Heard, Friends of David Brock Smith, Friends of Duane Stark, Friends of Gary Leif, Friends of Ray Lister, Friends of Tim Freeman, Friends of Tobias Read, Friends of Val Hoyle, Gomberg for State Rep, Peter Courtney for State Senate, Werner for Oregon, and Knute for Governor (collectively, Oregon state and local committees).
SUBJECT: The complaint alleged that Pembina Pipeline Corporation, a Canadian corporation, its U.S. domestic subsidiaries Fort Chicago Holdings, II US, LLC, and Jordan Cove, as well as Jordan Cove PAC, an associated separate segregated fund (SSF), made, and Oregon state and local committees and Save Coos Jobs Committee, a ballot measure committee, received, impermissible foreign national donations.
DISPOSITION: On July 13, 2021, the Commission dismissed the allegations that Pembina Pipeline Corporation and Jordan Cove made prohibited foreign national donations to Save Coos Jobs Committee, that Fort Chicago Holdings, II US, LLC provided substantial assistance to the making of prohibited foreign national donations to Save Coos Jobs Committee, and that Save Coos Jobs Committee knowingly accepted or received prohibited foreign national donations and closed the file as to Save Coos Jobs Committee. On July 15, 2021, the Commission closed the file in connection with the remaining allegations regarding the donations to Oregon state and local committees. On September 2, 2021, the Commission reopened the matter for further consideration. On September 28, 2021, the Commission approved a Factual and Legal Analysis regarding its dismissal of the allegations related to the donations to Save Coos Jobs Committee and closed the file in this matter. Vice Chair Dickerson and Commissioners Cooksey and Trainor issued a Statement of Reasons. Chair Broussard issued a Statement of Reasons and a Supplemental Statement of Reasons. Commissioner Weintraub issued a Statement of Reasons.

MUR 7521

COMPLAINANT: Dallas Woodhouse
RESPONDENTS: Swing Left and Ethan Todras-Whitehill, in his official capacity as treasurer (Swing Left); Kathy Manning for Congress and Sue Jackson, in her official capacity as treasurer (Manning Committee); and Abby Karp
SUBJECT: The complaint alleged that Swing Left, a hybrid political action committee, and its employee Karp coordinated a “door-to-door” canvassing effort with the Manning Committee, resulting in unreported and prohibited coordinated expenditures by Swing Left.
DISPOSITION: The Commission found no reason to believe that Swing Left made, or that the Manning Committee accepted, unreported excessive contributions in connection with the canvassing activity. The Commission further found no reason to believe that Karp violated the Act. The Commission observed that while the Manning Committee and Swing Left acknowledged coordinating the canvassing activity at issue, there was no information to suggest that the costs amounted to excessive contributions. The Commission also noted that the Manning Committee appeared to have incurred and reported its own costs in connection with the canvassing effort, and that the committees disclosed Swing Left’s $205 in expenditures as contributions to the Manning Committee and thus appeared to have complied with applicable reporting obligations for these expenditures.

MUR 7523

COMPLAINANT: Yes for Responsible Mining
RESPONDENTS: Stop I-186 to Protect Mining and Jobs (Stop I-186); Sandfire Resources America, Inc. (Sandfire); Sandfire Resources, NL (Sandfire NL); and Montana Mining Association (MMA)
SUBJECT: The complaint alleged that Sandfire and Sandfire NL made and MMA and Stop I-86 knowingly accepted prohibited foreign national donations for the purpose of opposing a Montana ballot initiative.
DISPOSITION: July 13, 2021, the Commission voted to dismiss the matter. The Commission then voted to reopen the matter and on September 30, 2021, the Commission approved a Factual and Legal Analysis explaining the dismissal, which observed that the Commission was not aware of any information suggesting that any candidate was involved in the operation of the ballot measure committees, fundraising for the ballot measure committees, or otherwise linked their candidacy to the passage or failure of the ballot measure. Chair Broussard issued a Statement of Reasons and Commissioner Weintraub issued a Statement of Reasons.

MUR 7528

COMPLAINANT: Raymond Brake
RESPONDENTS: Yukon Kusko Political Action Committee Inc. and Margaret Pohjola, in her official capacity as treasurer (Yukon Kusko PAC); Calista Corporation (Calista); Yulista Holding, LLC (Yulista); Jennine Jordan; Andrew Guy; and Josh Herren
SUBJECT: The matter involved an email solicitation that was sent to an employee of Yulista on behalf of Herren, Yulista’s CEO and President, requesting contributions for Yukon Kusko PAC that included a letter from Guy, CEO of Calista, Yulista’s parent company, and a contribution form. The complaint alleged that the respondents violated the Act and Commission regulations because the email solicitation did not include a statement about the right of individuals to refuse to contribute to the PAC without reprisal.
DISPOSITION: The Commission closed the file. Vice Chair Dickerson and Commissioners Cooksey and Trainor issued a Statement of Reasons.

MUR 7590

COMPLAINANT: Ernest J. Dronenburg, Jr.
RESPONDENTS: Matt Strabone; Matt Strabone Federal Exploratory Committee (Exploratory Committee); Matt Strabone for Assessor/Recorder/County Clerk 2018 (County Committee)
SUBJECT: The complaint alleged that Strabone and the Exploratory Committee violated the Federal Election Campaign Act of 1971, as amended (the Act), when Strabone failed to file a Statement of Candidacy with the Commission after he became a federal candidate in 2018. Additionally, the complaint alleged that the Exploratory Committee received almost $22,000 in campaign contributions, and that it failed to register with the Commission by filing a Statement of Organization, to establish a separate bank account, and to file disclosure reports with the Commission. Strabone had explored the possibility of running for the U.S. House from California in 2018.
DISPOSITION: The Commission found no reason to believe that Strabone violated the Act by failing to file a Statement of Candidacy, or that the Exploratory Committee violated the Act by failing to register with the Commission and file disclosure reports. The Commission observed that the available information did not support a finding that Strabone ever became a federal candidate, and that the approximately $22,000 that Strabone raised through the Exploratory Committee was not in excess of what would reasonably be needed to test the waters for a Congressional campaign during the time period that the Exploratory Committee was active. The Commission further noted that because Strabone never became a federal candidate under the Act, the Exploratory Committee was under no obligation to register with the Commission, to establish a separate bank account, or to file disclosure reports with the Commission. The Commission also found no reason to believe that the County Committee violated the Act in this matter.

MUR 7710

COMPLAINANT: Elizabeth Guide
RESPONDENTS: Hunt for Congress and Cabell Hobbs, in his official capacity as treasurer (the Committee); Wesley Hunt; and Perry Homes Building Company/Perry Homes LLC (Perry Homes)
SUBJECT: The complaint alleged that Hunt, a candidate for the 7th Congressional District of Texas in 2020, and the Committee received a prohibited corporate contribution from Hunt’s employer Perry Homes when it paid him an excessive salary for the purpose of supporting his campaign.
DISPOSITION: The Commission found no reason to believe that Perry Homes made, or that Hunt and the Committee received, a prohibited corporate contribution in the form of salary paid to Hunt by Perry Homes. The Commission observed that the available information did not raise an inference that Hunt’s employment with Perry Homes was for anything other than bona fide employment because the compensation paid to Hunt appeared to reflect Hunt’s actual work performed for Perry Homes, and the available record did not suggest that the salary paid to Hunt was excessive for Hunt’s position.

Administrative Fines

The Commission made public four closed cases, as follows. For more information, see the case documents in the Administrative Fine search system.

AF 3938 Committee to Elect Robert J. Lovero and Michael W. Fellows, in official capacity as treasurer. The Commission voted to terminate the proceedings and close the file.

AF 4075 Committee to Elect Robert J. Lovero and Michael W. Fellows, in official capacity as treasurer. The Commission voted to terminate the proceedings and close the file.

AF 4131 Committee to Elect Robert J. Lovero and Michael W. Fellows, in official capacity as treasurer. The Commission voted to terminate the proceedings and close the file.

AF 4149 I.B.E.W. Local 103 Federal Political Action Committee and Mr. Kevin W. Monahan, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $704.

Litigation

End Citizens United PAC v. FEC (Case No. 21-2128). On November 2, the Clerk of the U.S. District Court for the District of Columbia entered Default against the Commission.

Giffords v. FEC (Case No. 19-1192) On November 1, the United States District Court for the District of Columbia issued an Order adjudging that the Commission failed to conform to the Court’s Order of September 30.

Commissioner Statements

On November 1, Vice Chair Dickerson issued a Statement Concerning Giffords v. FEC, No. 19-1192 (D.D.C.).

Outreach

On October 31- November 2, Chair Broussard participated in the XV Conference of the Inter-American Union of Electoral Management Bodies (UNIORE) in Santo Domingo de Guzman, Dominican Republic. The event was sponsored by the Central Electoral Broad and the Superior Electoral Tribunal of the Dominican Republic.

On November 1-4, Commissioner Weintraub participated in Web Summit 2021 in Lisbon, Portugal.

On November 3, the Commission hosted an FECConnect On Topic session on registration for PACs and parties.

Upcoming educational programs

November 16-17, 2021: The Commission will host a Virtual Conference online via Zoom.

December 1, 2021: The Commission will host an FECConnect On Topic session on How to Contact Your Committee’s Analyst.

December 8, 2021: The Commission will host a webinar for nonconnected PACs.

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

Upcoming Commission meetings

November 9, 2021: The Commission is scheduled to meet in executive session.

November 10, 2021: The Commission is scheduled to meet in executive session.

November 10, 2021: The Commission is scheduled to hold an open meeting and an audit hearing.

Upcoming reporting due dates

November 20: November 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.