Week of August 20 – August 24, 2018

Commission meetings and hearings

No executive sessions or open meetings were scheduled this week.

Advisory Opinion Requests

Advisory Opinion Request 2018-11 (Microsoft Corporation). On August 22, the Commission made public Advisory Opinion Request 2018-11. Microsoft asks whether it would be making an in-kind contribution by offering a package of enhanced online account security protections at no additional charge on a nonpartisan basis to its election-sensitive customers, including federal candidates and national party committees. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than September 1, 2018) and must issue a response no later than 60 days after the receipt of the complete request, that is, by October 22, 2018.

Enforcement

The Commission made public 10 closed cases, as follows. For more information, see the case documents in the Enforcement Query System.

MURs 7155 and 7157

• COMPLAINANTS: Public Interest Legal Foundation; and Project Veritas Action Fund
• RESPONDENTS: Hillary For America and Jose Villarreal, in his official capacity as treasurer (HFA); Democratic National Committee and Andrew Tobias, in his official capacity as treasurer (DNC); Democracy Partners; Bob Creamer; Americans United for Change; Scott Foval DBA The Foval Group; Voces de la Frontera Action; Alliance for Retired Americans; and Priorities USA Action
• SUBJECT: The complaints alleged that Priorities USA Action, Democracy Partners, Creamer, Americans United for Change, Scott Foval DBA The Foval Group, Voces de la Frontera Action, and Alliance for Retired Americans made, and HFA and the DNC accepted, prohibited in-kind contributions in the form of coordinated expenditures, and that HFA and the DNC did not report the contributions. HFA was the principal campaign committee for 2016 presidential candidate Hillary Clinton.
• DISPOSITION: The Commission found no reason to believe prohibited or excessive in-kind contributions were made because the factual record did not support a conclusion that any respondent had made or accepted prohibited or excessive in-kind contributions in the form of coordinated communications.

MUR 7250

• COMPLAINANT: Joe Dooling
• RESPONDENTS: Rob Quist for Montana and Linda Howard, in her official capacity as treasurer (the Committee); Rob Quist; Montana Writers for Public Lands and Rick Bass, in his official capacity as treasurer (Montana Writers); and 93 Individual Respondents
• SUBJECT: The complaint alleged that a newspaper insert titled, “WE TAKE OUR STAND[:] Montana Writers Protecting Public Lands,” which was disseminated by Montana Writers in Montana newspapers shortly before a 2017 House special election, was coordinated with Quist and the Committee, resulting in an excessive contribution. The complaint further alleged that the individual writers and financial backers of the insert failed to (1) register as a political committee with the Commission, (2) disclose contributions and an independent expenditure, and (3) include a proper disclaimer. Quist was a candidate for Montana’s At-Large Congressional District in the 2017 special election.
• DISPOSITION: The Commission found no reason to believe that Montana Writers and the individual writers made, or that Quist and the Committee accepted, an excessive in-kind contribution in the form of a coordinated communication because it did not appear that the conduct prong of the Commission’s coordination test was met. The Commission dismissed the allegations that Montana Writers failed to register and report as a political committee and the allegation that the insert failed to include a proper disclaimer. The Commission noted the modest amount at issue and the remedial actions already taken by Montana Writers.

MUR 7342

• COMPLAINANT: John Mulvey
• RESPONDENTS: Marie Newman for Congress and JoAnn Doherty, in her official capacity as treasurer (the Committee); and Unknown Respondents
• SUBJECT: The complaint alleged that the Committee mailed a public communication and failed to include a disclaimer. Newman is a 2018 candidate for Illinois’s 3rd Congressional District.
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in consideration of Commission priorities. The Commission observed the lack of available information as to the source, cost or distribution of the postcard.

MUR 7360

• COMPLAINANT: David J. Needham
• RESPONDENTS: Liuba for Congress and Sue Jackson, in her official capacity as treasurer (the Committee); and Liubov “Liuba” Grechen Shirley
• SUBJECT: The complaint alleged that Shirley failed to file financial disclosure forms as required by the Ethics in Government Act of 1978 despite the fact that she was campaigning for office, had raised the required financial minimum, and publicly announced her candidacy. Shirley is a 2018 candidate for New York’s 2nd Congressional District.
• DISPOSITION: The Commission dismissed the matter since it appears to lack jurisdiction.

MUR 7375

• COMPLAINANT: Robin Rieck
• RESPONDENT: Barrera for Congress and Rogelio Guerra, in his official capacity as treasurer (the Committee)
• SUBJECT: The complaint alleged that the Committee failed to file certain disclosure reports in the 2016 election cycle and has not reported any 2018 cycle activity. The complaint alleged further that Barrera and the committee failed to file an amended Statement of Candidacy or an original Statement of Organization. Raul “Roy” Barrera is a 2018 candidate for Texas’s 27th Congressional District.
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in consideration of Commission priorities. The Commission observed the low amount of activity and the Committee’s remedial actions.

MUR 7377

• COMPLAINANT: Robin Dusek
• RESPONDENTS: Wolf 2018 and Benjamin Thomas Wolf, in his official capacity as treasurer (the Committee); Benjamin Thomas Wolf
• SUBJECT: The complaint alleged that Wolf made an undisclosed $1,000 contribution to the Committee by purchasing software to be used by the Committee with personal funds, and that the Committee’s television ads failed to contain a clear written statement that Wolf approved the ads. Wolf was a 2018 candidate for Illinois’s 5th Congressional District.
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the complaint in furtherance of other Commission priorities. The Commission observed that it was unlikely the general public would be confused as to who was responsible for the television ads.

MUR 7392

• COMPLAINANT: Kirk deViere
• RESPONDENTS: Ryan for Congress, Inc. and Paul Mair, in his official capacity as treasurer (the Committee)
• SUBJECT: The complainant alleged that he paid a host $750 to sponsor a business luncheon attended by Speaker of the U.S. House of Representatives Paul Ryan. The complainant claims that he has never contributed to the Committee, but that the money he paid appears as a 2016 contribution on reports filed by the Committee and Team Ryan, a joint fundraising committee in which the Committee was a participant. Ryan was a 2018 candidate for Wisconsin’s 1st Congressional District.
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the complaint. The Commission observed the small amount at issue and the Committee’s remedial action.

MUR 7396

• COMPLAINANT: Martin Lamb
• RESPONDENTS: Beth Lindstrom for U.S. Senate, Inc. and Cabell Hobbs, in his official capacity as treasurer (the Committee)
• SUBJECT: The complaint alleged that the Committee distributed a printed card that contained a disclaimer for which the printing was excessively small and faint and did not contrast sufficiently with the background, making it difficult to read. Lindstrom is a 2018 candidate for Massachusetts’s U.S. Senate seat.
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in consideration of Commission priorities. The Commission observed that it was unlikely the general public would be confused as to who had paid for the printed card.

MUR 7400

• COMPLAINANT: Kim Carver
• RESPONDENTS: Jim Francis for Congress and Nicole Francis, in her official capacity as treasurer (the Committee); and Jim Francis
• SUBJECT: The complaint alleged that Francis and the Committee failed to file a Statement of Candidacy in a timely manner, properly report disbursements, debts and obligations, or in-kind contributions for assorted campaign expenses, and have the Committee’s treasurer sign its 2018 April Quarterly Report. Jim Francis is a 2018 candidate for Louisiana’s 1st Congressional District.
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in consideration of Commission priorities. The Commission observed the relatively modest amounts at issue and the remedial actions taken by Francis and the Committee.

Litigation

CREW et al., v. FEC (Case No. 18-1861) On August 8, Plaintiffs filed a Complaint for Injunctive and Declaratory Relief in the U.S. District Court for the District of Columbia.

FEC v. Johnson, et al. (Case No. 2:15-cv-00439) On August 23, defendant John Swallow filed a Reply Memorandum in Support of Partial Final Judgment in the U.S. District Court for the District of Utah, Central Division.

Upcoming Commission meetings and hearings

• August 28, 2018. The Commission is scheduled to meet in executive session.
• September 6, 2018: The Commission is scheduled to meet in executive session.
• September 25, 2018: The Commission is scheduled to meet in executive session.
• September 27, 2018: The Commission is scheduled to hold an open meeting.

Meeting dates are subject to change. Please contact the Press Office the week of the scheduled meeting for confirmation.

Upcoming reporting due dates

September 20: September Monthly Reports are due. For more information on monthly reporting dates, refer to the 2018 Monthly Reporting page of the Commission website.

Upcoming Educational Outreach

On September 5, the Commission is scheduled to host a Pre-Election Communications webinar.

Additional information is available on the Educational Outreach page of the Commission website.

Additional research materials

Additional research materials about the agency, campaign finance information, and election results are available through the Library section of the Commission website.

Printed copies of the 2018 edition of Title 11 of the Code of Federal Regulations (CFR) are now available. Contact the Commission's Information Division at (202) 694-1100 or (800) 424-9530 (press 6, when prompted) to order printed copies of the CFR at no charge. You may also email the Information Division to place an order at info@fec.gov.

The 2017 Campaign Guide for Corporations and Labor Organizations is available. Other Campaign Guides are available, as well.

The 2018 Congressional Primary Election Dates list is available.

Federal Elections 2016: Election Results for the U.S. President, the U.S. Senate and the U.S. House of Representatives is available. The data was compiled from the official vote totals published by state election offices. To order a printed copy, please contact the FEC’s Public Records Office at 800/424-9530 (option 2) or 202/694-1120, or send an email to pubrec@fec.gov.

The 2017 edition of 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.

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