This file contains archived live captions of the open meeting of the Federal Election Commission held on January 11, 2024. This file is not a transcript of the meeting, and it has not been reviewed for accuracy or approved by the Federal Election Commission.

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 MR. CHAIRMAN, WE ARE LIVE AND RECORDING, YOU MAY GATHER WHEN YOU ARE READY. 
 THE OPEN MEETING FOR JANUARY 11th, 2024 WILL COME TO ORDER. GOOD MORNING AND WELCOME TO FEDERAL ELECTION COMMITTEE FIRST OPEN MEETING FOR 2024. THIS PROMISES TO BE AN IMPORTANT YEAR FOR THE AGENCY IN THE COUNTRY, ALONG WITH HUNDREDS OF PRIMARY AND GENERAL ELECTIONS FOR HOUSE AND SENATE SEATS IN CONVERSE. THIS IS A PRESIDENTIAL ELECTION YEAR. THE FIRST CAUCUSES ARE IN JUST FOUR DAYS. AS CITIZENS GO TO THE POLLS TO ELECT NEW LEADERS FOR THE COUNTRY, THE IMPORTANCE OF THE FCC'S WORK BECOMES MORE APPARENT. MEYER MISSION IS CAMPAIGN FINANCE LAWS THAT CONGRESS HAS PASSED CONSISTENT WITH THEIR OBLIGATIONS UNDER THE FIRST AMENDMENT TO ENSURE THE INTEGRITY AND TRANSPARENCY OF CAMPAIGNS IN FEDERAL OFFICES. HERE'S WHAT THAT LOOKS LIKE IN PRACTICE. THIS YEAR, MILLIONS IN CAMPAIGN CONTRIBUTION AND EXPENDITURES WILL BE MEN, TOTALING BILLIONS AND ALL OF IT WILL BE REPORTED AND AVAILABLE ON THE WEBSITE. THE COMMISSION WILL FILL THOUSANDS OF CALLS, HOST HUNDREDS OF PEOPLE AT SEMINARS, CLOSEOUT SCORES OF ENFORCEMENT MANNERS AND ISSUE ADVISORY OPINIONS, ALL THIS WILL BE INSURED TO COMPLIANCE OF THE LAW AND PROTECT THE POLITICAL PROCESS. TO BREAK NEW GROUND UNDER MY COLLEAGUES LEADERSHIP UNDER THE PAST THREE YEARS, WE HAVE COMPLETED A HOST OF SUBSIDY RULEMAKING ON ISSUES RANGING FROM SALARIES TO DISCLAIMERS TO AUDIT PROCEDURES. THAT HARD WORK WILL CONTINUE THIS YEAR AS MY FELLOW COMMISSIONERS AND I STRIVE FOR CONSENSUS AND COMPROMISE ON IMPORTANT TOPICS IN THE JURISDICTION. FOR EXAMPLE, INTEND FOR US TO RESOLVE THE OUTSTANDING ON ARTIFICIAL INTELLIGENCE THIS YEAR, TO CONSIDER RULEMAKING'S ON ISSUES LIKE SECURITY AND PARTY ACCOUNTS AND TO OFFER MORE DETAILED INTERPRETATIONS OF EXISTING REGULATIONS THROUGH INFORMAL GUIDANCE DOCUMENTS. THESE EFFORTS AND MUCH MORE, WILL CONTINUE TO SERVE THE PUBLIC INTEREST AND FULFILL OUR STATUTORY DUTIES. AT THE SAME TIME THIS YEAR BRINGS CHALLENGES TOO. 
 THE SINGLE DANGER TO SUCCESS IS A LAPSE OR DEEPIKA IN APPROPRIATIONS WITHOUT SUFFICIENT FUNDING FOR OPERATIONS, THE COMMISSION MAY BE FORCED TO REDUCE STAFF HEADCOUNT, DELAY VITAL I.T.S PROJECTS AND TO RESTRICT ACCESS TO AGENCY SERVICE. I HOPE IT DOESN'T COME TO THAT. BUT THE COMMISSION IS COMMITTED TO DOING ITS BEST WITH THE RESOURCES IT HAS PICKED BEYOND APPROPRIATIONS, THE COMMISSION MUST MODERNIZE ITS OPERATIONS TO DEFEND THE AGENCY AND KEEP ENFORCEMENT DOCKET MOVING. DESPITE THESE CHALLENGES AND WORK AHEAD OF US, I REMAIN OPTIMISTIC. WHILE THESE OBSTACLES WILL BE INSURMOUNTABLE FOR THE COMMISSIONERS ALONE, THIS AGENCY WILL SEE THINGS THROUGH BECAUSE OF DEDICATED STAFF. THE CAREER STAFF AT THE FCC WORKED OUT. THEY ARE TALENTED, EXPERIENCED AND DEDICATED TO PUBLIC SERVICE. I AM GRATEFUL FOR THE WORK THEY HAVE DONE AND WILL DO THIS YEAR AND I'M LOOKING FORWARD TO WORKING WITH THEM TO DO OUR JOB FOR THE AMERICAN PEOPLE. BEFORE WE MOVE INTO OUR SUBSTANTIVE AGENDA, WE HAVE SOME DOCUMENT. 
 THANK YOU, MR. CHAIRMAN AND I AM EXCITED TO WORK WITH YOU TO FURTHER THE IMPORTANT MISSION OF OUR AGENCY AND WANT TO ECHO YOUR COMMENTS ABOUT OUR GREAT STAFF. THEY REALLY DO TERRIFIC WORK THAT I MOVED TO SUSPEND THE RULES UNDER AGENDA DOCUMENTS THE COMMISSION MAY CONSIDER DOCUMENT 24 DOSH 01 ASHBY. 
 THANK YOU, ALL THOSE IN FAVOR SAY I. 
 I. 
 THAT MOTION PASSES UNANIMOUSLY. THE FIRST ITEM ON OUR 23 E- 09 UNDER CATHERINE CORTEZ MASTO. THEY ARE WELCOME TO COME UP TO THE TABLE AND COUNSEL  FROM THE OFFICE OF GENERAL COUNSEL, MR. ROBERT KNOP  HERE. I WILL LET COUNSEL GET SETTLED AND THEN IF YOU COULD START US OFF WITH THE PRESENTATION. 
 THANK YOU, MR. CHAIRMAN AND GOOD MORNING, COMMISSIONERS FOR BEFORE YOU ARE TO RESPONSES TO AN ADVISORY OPINION REQUESTS FROM SENATOR CATHERINE CORTEZ MASTO. THE REQUEST TO PROPOSE A NONFEDERAL COMMITTEE TO ENGAGE IN CONDUCT  EXCLUSIVELY IN CONNECTION WITH FEDERAL ELECTIONS. THE REQUEST OF PLANS TO RAISE AND SPEND FUNDS FOR THE COMMITTEE AND UNMOUNT SENT FROM SOURCES THAT COMPLY WITH THE ACT. THE REQUESTER ASKED WHETHER THE PROPOSED NONFEDERAL COMMITTEE WOULD SHARE A CONTRIBUTION LIMIT WITH HER EXISTING FEDERAL LEADERSHIP PACK. BOTH DRAFTS BEFORE YOU CONCLUDE THAT THE REQUESTER MAY ESTABLISH THE COMMITTEE AND NOT THE COMMITTEE WOULD NOT SHARE CONTRIBUTION LIMIT WITH HER EXISTING FEDERAL LEADERSHIP PACK. THE COMMISSION RECEIVED NO COMMENTS ON THE REQUEST AND ONE COMMENT ON THE DRAFTS. THANK YOU, AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS. 
 THANK YOU, COUNSEL. COLLEAGUES, ANY QUESTIONS? MR. DICKERSON? THANK YOU. 
 THANK YOU FAIR, AND ON THE DRAFT, WE DON'T ALWAYS GET THOSE IN THEY ARE HELPFUL WHEN WE DO AND IN THIS CASE, I THINK IT IMPORTANT PREDICATES. MY QUESTION IS OPEN ENDED AND I WILL DIRECTED TO THE REQUESTER'S COUNSEL. NOTED., THE ISSUE IS WHETHER OR NOT THE STATE AGENCY WILL BE AFFILIATED WITH A LEADERSHIP PACK. WHAT IS YOUR VIEW OF THAT IF YOU HAVE ONE AND WHAT IS THE PRACTICAL IMPLICATION FOR YOUR CLIENT DEPENDING ON WHICH OF THOSE PATHS? OUR REQUEST -- TO A NONFEDERAL COMMITTEE, THAT IN THIS PARTICULAR INSTANCE, THERE IS NOT PRACTICAL DIFFERENCE TO HOW THEY OPERATE. BUT FOR PURPOSES OF THE CONTRIBUTION, VERSUS SAYING THEY ARE AFFILIATED ARE NOT. FOR THE SAKE, WE HAVE NO REAL PREFERENCES IN TERMS OF PURE OUTCOMES. I DON'T THINK THERE IS A MISAPPLICATION AND DIFFERENCE BUT I DO, I DO VERY MUCH APPRECIATE MOVING DRAFT BE IN THE QUESTION OF WHAT IS THE CONSTITUTIONAL ON THE SCOPE OF COMMITTEE FOR THE PURPOSES OF THE AFFILIATION NOTES? I UNDERSTAND WE NEED TO GRAPPLE WITH THAT BUT IN OUR PARTICULAR INSTANCE, I DON'T THINK IT WILL HAVE AN EFFECT. 
 THANK YOU, THAT ANSWERS MY QUESTION. I SUSPECT THIS IS NOT THE LAST TIME THE COMMISSION WILL GRAPPLE WITH THIS QUESTION. THANK YOU. 
 THANK YOU, ANY OTHER QUESTIONS FOR GC OR THE REQUESTER'S COUNSEL? 
 I HAVE A COUPLE QUESTIONS FOR GENERAL COUNSELOR, MR. ROBERT KNOP. DRAFT A CONCLUDES THAT THEY NONFEDERAL COMMITTEE OR THE PROPOSED NONFEDERAL COMMITTEE PACK I AFFILIATED BUT ONLY FOR THE PURPOSES  OF CONTRIBUTION LIMITATIONS AND I WANT TO UNDERSTAND THE IMPLICATIONS OF THAT FOR OTHER PRACTICAL EFFECTS AND AFFILIATIONS. ONE QUESTION I HAVE IS WHETHER THE SENATOR CATHERINE CORTEZ MASTO LEADERSHIP PACK WOULD BE REQUIRED TO LIST  THE COMMITTEE AS AN AFFILIATE ON THAT COMMITTEE STATEMENT ORGANIZATION. 
 THE ANSWER TO THAT QUESTION IS NO, IT WOULD NOT. IT IS NOT THE TYPE OF COMMITTEE THAT WOULD BE LISTED ON THE STATEMENT AS AN AFFILIATED COMMITTEE. IT IS NOT OF THE TYPE OF COMMITTEE THAT IS DEFINED AS SOMETHING THAT WOULD BE AFFILIATED, AUNTS THE OTHER A FEDERAL COMMITTEE OR A NONFEDERAL COMMITTEE. IT IS NOT PARTICIPATING IN A JOINT FUNDRAISING ACTIVITY AS FAR AS WE KNOW WITH THE FEDERAL LEADERSHIP PACK WHICH IS THE ONLY CASE I COULD THINK OF WOULD BE REQUIRED TO BE LISTED AS AN AFFILIATED COMMITTEE. 
 MY OTHER QUESTION WAS ABOUT LIMITED SCOPE OF THE A.L. WITH RESPECT OF PURPOSES OF CONTRIBUTION, WE ARE DEALING WITH SECTION 110.3, WHICH HAS THAT CLAUSE REGARDLESS OF WHETHER IT'S A DEFINED POLITICAL COMMITTEE UNDER THE OTHER RELEVANT REGULATIONS, DEFINING IT. THIS OPINION THEN APPLIES AND ANALYZES ONLY THE CONTRIBUTION LIMIT BETWEEN A FEDERAL COMMITTEE AND A STATE-LEVEL COMMITTEE DOES THIS OPINION SAY ANYTHING ABOUT WHETHER THERE WOULD BE AN AFFILIATION BETWEEN A FEDERAL COMMITTEE AND SAY A NON-COMMITTEE AND OTHER KIND OF NON-COMMITTEE ORGANIZATION SUCH AS AN ISSUE ADVOCACY ORGANIZATION? MR. CHAIRMAN, I THINK THAT IS NOT THE QUESTION PERCENTAGE HERE, IT'S A HYPOTHETICAL. BUT I DO THINK THE ANSWER CAN BE INFERRED FROM WHAT IS IN THE DRAFT AND AS DESCRIBED IN THE DRAFTS, BEING DETERMINED TO BE A COMMITTEE IS A CONDITION PRECEDENT TO A FINDING OF AFFILIATION. SO, I THINK YOU CAN AND FOR AN ANSWER FROM THAT. 
 THANK YOU VERY MUCH. COLLEAGUES, ANY OTHER QUESTIONS? NONE? HAPPY TO MOVE ON TO MOTIONS, DO ANY COLLEAGUES WANT TO MOVE EITHER OF THE DRAFTS? VICE CHAIR? THANK YOU, WITH RESPECT TO ADVISORY OPINION 2023 E- 09, THE QUESTIONS UNDER CATHERINE CORTEZ MASTO AND APPROVAL OF THE PENDING DOCUMENT NUMBER 24 DOSH 01 DOSH K , WHICH IS THE NOMINATED DRAFT DAY. 
 ANY DISCUSSION ON THAT MOTION? 
 I JUST WANT TO BE CLEAR THAT I AGREE THAT THE REQUESTER CAN UNDERTAKE THE ACTIVITY, HOWEVER, PROBABLY UNSURPRISING TO PEOPLE, I AGREE WITH THE REQUESTER THAT THE STATE ENTITY WOULD NOT -- FEDERAL LEADERSHIP PACK AND FOR THAT REASON, I INTEND TO OPPOSE THE VOTE. 
 ANY OTHER DISCUSSION? I WILL SAY I'M GOING TO SUPPORT THE MOTION, BUT I UNDERSTAND MR. DICKERSON'S CONCERNS. UP MY SUPPORT FOR THE DRAFT IS DRIVEN BY MY READING OF 110.3 AND THE CLAUSE THAT IS IN THAT AND FURTHER INFORMED BY PRACTICALLY MAKES VERY LITTLE DIFFERENCE, THEY SHARE ONE, COUNT TO THE CONTRIBUTION AND IT'S A BIT ONE-WAY, HALF A DOZEN THE OTHER, AND FOR THAT REASON, AT LEAST INTO THE REQUEST. ANY OTHER COMMENTS? IF NOT, THE VICE CHAIR HAS MOVED DRAFT A. ALL IN FAVOR SAY I. ALL OF THOSE OPPOSED? NO. 
 THAT MOTION CARRIES WITH A VOTE OF 42 WITH MYSELF, COMMISSIONER TRAINER AND COMMISSIONER DICKERSON OPPOSED. THANK YOU VERY MUCH, COUNSEL. SECOND ADVISORY OPINION IN THE LAST ITEM ON OUR AGENDA IS 23 E- 10 FROM SONY PICTURES TELEVISION. WE HAVE COUNSEL FROM REQUESTER HERE IN PERSON, WE ALWAYS APPRECIATE AND GENERAL COUNSEL GETTING SETTLED AND MISS, WHENEVER YOU ARE READY. 
 GOOD MORNING, AGENDA DOCUMENT 24 DOSH 02 ADVISORY OPINION OF SONY TELEVISION PRODUCTION AND DISTRIBUTION COMPANY. SINCE 2017, PROGRAM CALLED "THE GOOD DOCTOR." ON JULY 10th, 2023, MR. HYPER FILED AS A CANDIDATE IN THE PRIMARY TO REPRESENT MICHIGAN IN THE U.S. SENATE. ASKS WHETHER MEDIA EXEMPTION AND COMMISSION REGULAR REGULATION APPLIES TO INCLUDE THE CANDIDATE FOR U.S. SENATE. THE DRAFT CONCLUDES SONY'S PRODUCTION AND ENDS DISTRIBUTION OF "THE GOOD DOCTOR" IS EXEMPT FROM REGULATION  BECAUSE ONE, SUNNY AND MEDIA AND PRODUCES TELEVISION PROGRAMMING INCLUDING DISTRIBUTION TO BE BROADCAST, TWO ESTONIAN OR ITS PARENT COMPANY AREN'T CONTROLLED BY ANY POLITICAL PARTY OR CANADA AND SONY AND ITS LEGITIMATE MEDIA FUNCTION BECAUSE THE MATERIAL AND "THE GOOD DOCTOR" IS COMPARABLE TO --  THE COMMISSION RECEIVED NO COMMENTS FOR THE REQUEST. THANK YOU. 
 THANK YOU VERY MUCH, COUNSEL. COMMISSIONERS, ANY QUESTIONS FOR GC OR COUNSEL HERE OR ANY OTHER IMPORTANT POINTS OF DISCUSSION? I WILL ASK COUNSEL FOR THE REQUESTER, DID YOU SUBMIT ANY WRITTEN COMMENTS IN RESPONSE? WE ONLY HAVE ONE DRAFT THAT IS BEEN PUT OUT. DO YOU HAVE ANY COMMENTS ON THE DRAFT OR ANYTHING ELSE WE SHOULD KNOW BEFORE VOTING ON IT? NO, I WAS HOPING NOT TO TURN MINE ON, OTHER THAN DISDAIN -- THANK THE STAFF AND COMMISSIONS, THANK YOU. 
 THANK YOU VERY MUCH. ANYTHING ELSE I THINK WE ARE READY FOR MOTIONS. 
 WITH RESPECT ADVISORY 2023 E- 10 AND APPROVAL OF AGENDA DOCUMENT 24 - 02 - A , -- 
 THANK YOU VERY MUCH, VICE CHAIR. IF NOT, I WILL CALL THAT QUESTION, ALL OF THOSE IN FAVOR SAY I. THAT MOTION CARRIES. I WANT TO SAY THANK YOU, EXCELLENT OUTCOME AND EXCELLENT JOB. YOU HAVE BLOWN US AWAY THANK YOU VERY MUCH COUNSEL, FOR THE REQUESTERS. THAT CONCLUDES OUR SUBSTANTIVE AGENDA, SO LET ME END BY ASKING, MR. STAFF DIRECTOR, ARE THERE ANY ADMINISTRATIVE MATTERS TODAY? 
 THANK YOU VERY MUCH. THIS OPEN MEETING IS ADJOURNED.