Week of October 30 – November 3, 2023

Commission meetings and hearings

On November 1 and 2, the Commission met in executive session.

On November 2, the Commission held an open meeting.

Advisory Opinions

Opinion Discussed

Advisory Opinion Request 2023-06 (Texas Majority PAC) On November 2, the Commission discussed and held over consideration of an advisory opinion request from Texas Majority PAC. The Commission received four comments on the draft advisory opinions and received six ex parte communications regarding the request.

Request Received

Advisory Opinion Request 2023-08 (Cowboy Analytics) On November 1, the Commission made public an advisory opinion request from Cowboy Analytics, LLC. The requestor seeks an advisory opinion regarding their proposed formation of a conduit political action committee to sell political merchandise and solicit contributions to federal candidates. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than November 13) and must issue a response no later than 60 days after the receipt of the complete request, that is, by January 2, 2024.

Enforcement

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

MURs 7546 and 7898

COMPLAINANT: FEC-Initiated
RESPONDENTS: Virgin Islands Republican Party and John Canegata, 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 the Committee failed to (1) timely file 48-Hour Reports for independent expenditures totaling $509,457.53 that were disclosed on monthly reports, (2) disclose $126,168.56 in independent expenditures on monthly reports for which 48-Hour Reports had been previously filed, (3) properly disclose $539,417.96 in debts, and (4) timely file 24-Hour Reports for independent expenditures totaling $95,000.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to pay a civil penalty of $12,299.04 and amend the disclosure reports at issue in the matter.

Audits

Proposed Final Audit Report on Steve Daines for Montana On November 1, the Commission approved on tally vote a Proposed Final Audit Report on Steve Daines for Montana, covering campaign finance activity from January 1, 2019 to December 31, 2020. The Commission approved findings related to disclosure of debts and obligations and disclosure of receipts. The Commission did not approve by the required four affirmative votes a proposed finding related to receipt of contributions in excess of the limit. The proposed finding will be placed in the Additional Issue section of the Final Audit Report of the Commission.

Regulations and agency procedures

Proposed Directive Regarding Investigations Conducted by the Office of General Counsel On November 2, the Commission approved a directive that will require the Office of General Counsel to provide the Commission with a proposed investigation plan in matters where the Commission finds reason to believe for the Commission’s approval. The Investigation Plan would be required to lay out the proposed scope and conduct of the anticipated investigation and, upon approval, would govern the conduct of the investigation, subject to modification in light of new information or changed circumstances. Commissioners Allen J. Dickerson and James E. “Trey” Trainor, III and Commissioner Shana M. Broussard issued Statements.

REG 2023-02: Artificial Intelligence in Campaign Ads This week, the Commission made public comments that it received in response to a Notification of Availability of a Petition for Rulemaking filed by Public Citizen. The Petition asks the Commission to amend its regulation on fraudulent misrepresentation of campaign authority to make clear that the related statutory prohibition applies to deliberately deceptive Artificial Intelligence campaign ads.

Litigation

CREW v. FEC (Case No. 22-0035) On October 30, the U.S. District Court for the District of Columbia issued a Minute Order granting Plaintiff’s Motion for Reconsideration.

Ready to Win v. FEC (Case No. 23-5161) On October 31, the U.S. Court of Appeals for the District of Columbia Circuit issued a Per Curiam Order, referring the partial motion to dismiss to the merits panel to which the appeal is assigned.

Outreach

On November 1, Chair Dara Lindenbaum was the keynote speaker at NABPAC's 2023 Conference in Washington, D.C.

Press releases

Commission approves directive, proposed final audit report (issued November 2)

Upcoming Commission meetings and hearings

November 14, 2023: The Commission is scheduled to meet in executive session.

November 16, 2023: The Commission is scheduled to hold an open meeting.

December 12, 2023: The Commission is scheduled to meet in executive session.

December 14, 2023: The Commission is scheduled to hold an open meeting.

Upcoming educational programs

November 15, 2023: The Commission is scheduled to host webinars on Independent Expenditures and Reporting Independent Expenditures using FECFile.

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

Upcoming reporting due dates

November 20: November Monthly Reports are due. For more information, see the 2023 Monthly Reporting schedule.

Additional research materials

Election Dates: The Commission has posted Preliminary 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 now 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 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.