This file contains archived live captions of the open meeting of the Federal Election Commission held on October 26, 2017. This file is not a transcript of the meeting, and it has not been reviewed for accuracy or approved by the Federal Election Commission.




>> STEVEN WALTHER: I'll open the meeting. The session of the Federal Election Commission. Thursday October 26, 2017. We're starting late, but I'm pleased to report that although the items on the agenda are taken care of, we still have one item, and that is the consideration of the content of the guidebook which has been proposed for change, and it will be a change from I think the last draft was 2007, so that we can provide some extraordinarily up-to-date guidance for the public. And make it a lot easier for people to understand some of the ins and outs of the new issues that have arisen, especially since citizens united. I want to take a moment to thank Scott and Janet Smith for all the hard work they have done. I happen to know how much hard work they have done because we spent a lot of time together lately and it's been really a heroic effort to get the data together and redo it again and reformat it and wait for the commissioners to consider it and you always have been patient and hopefully we'll have a vote that will show that it pays off. There are so many corporations that participate in the event, but participate in elections, this is I think really going to be important for everyone. And so with that I'm going to open up the -- let me just add, especially in the last 48 hours I want to thank all the commissioners and their staff for the hard work that they have done, really late hours, started early and continued to partially last night, through the night, and we just completed that. So really nice collaborative effort with a great product. So with that I would like to call on Commissioner Weintraub. 

>> ELLEN WEINTRAUB: Thank you, Mr. Chairman. Thank you to everybody at the table, in front of the table. I'm very pleased to be able to get this done and to move this document and I believe everyone would agree this is a great document. It's an overview. So people who have specific legal issues are still going to have to do a little bit more research. They can't just stop with this document, but, you know, it is a great overview. So, having said that, I am delighted to move approval of the Campaign Guide for Corporations and Labor Organizations as set forth in Agenda Document No. 17-46A with the following amendments, which have occupied a great deal of time, particularly over the last 24 hours. And we will subsequently make this -- I'm reading off of a list of changes. We will make this document so members of the public can see the exact changes we made to the previously made public document. Sorry, do we... Why do we need to do that? This is the agenda from the -- 

>> STEVEN WALTHER: It's on the agenda, but my understanding is guidance from the general counsel... 

>> Mr. Chairman? 

>> STEVEN WALTHER: Yes. 

>> Right here. There was a memorandum that you added to the agenda on Wednesday, I believe, and so we'll need to introduce that. 

>> STEVEN WALTHER: That was on the motion? 

>> I'm sorry? Oh, okay. 

>> STEVEN WALTHER: Sounds good. 

>> All right, as long as I've got the floor, I'll just do this motion too. I move to suspend the rules of the timely submission of agenda documents that the commission may consider 17-58, motion for consideration and adoption of Campaign Guide for Corporations and Labor Organizations. 

>> STEVEN WALTHER: All in favor, aye. Opposed. The ayes have it unanimously. 

>> ELLEN WEINTRAUB: Let me start over. On my other motion. I move approval of the Campaign Guide for Corporations and labor orgs as set forth in Agenda Document No. 17-46A. With the following amendments. On page 5 unker the heading "the law" the first sentence of first paragraph under the word "contributions" replace, quote, in connection with federal elections, end quote, to federal candidating, political committees and PAC.s. Strike the last sentence of first paragraph and replace with, quote, they may fund independent expenditures, contribute to non-contribution accounts of hybrid PACs and establish segregated funds. And we are also adding a footnote there citing to citizens united and Speech now. Is that sufficient, council, for me to say we're adding that? Page 22, unopposed candidates, elections not held, delete second bullet point, replace third and forty with new bullet point. Primary or general election not held because the candidate is unopposed received majority of votes in previous election. On 33-34 under domestic subsidiaries of foreign corporations restore language from 2007 campaign guide regarding involvement of the foreign parents of the passage will read as follows: In advisory -- in advisory opinions the commission said that, A... then goes on with the text in there already, united states corporation a subsidiary of a foreign corporation may make contributions to non-federal candidates permitted by state law, and may establish to make contributions to federal candidates when -- this is the restored language. The foreign parent does not finance these activities, such as payment as the establishment administration or fundraising clause, cost, through the subsidiary. On page 72 under determining coordination at the beginning of the second sentence add the words, under these regulations. On page 84 under Internet volunteer activities general exception, delete second use of the word uncompensated. Redundant. And third sentence insert "or groups of individuals" after the word individuals. And on page 2010 under the appendix one -- sorry, did I say 2010? I was thinking years. On page 210, not that long, under appendix one definitions add the following definitions. Hybrid PAC, a committee in addition to making contributions establishes a separate bank account to deposit and withdraw funds raised unlimited amounts and/or other political committees existent with stipulated judgment. The funds retained in separate account will not be used to make contributions direct in kind or coordinated communications or coordinated expenditures to federal candidates or committees. 

>> STEVEN WALTHER: Thank you very much. Any discussion? Comment? All in favor? Aye. Opposed? Ayes have it. I have nothing and that's it. Is there any administrative matters? 

>> There are none. 

>> STEVEN WALTHER: Thank you. Meeting adjourned. ÿ