Week of September 26-30, 2022
Commission meetings and hearings
On September 28 and 29, the Commission met in executive session.
On September 29, the Commission held an open meeting.
Advisory Opinions
Opinion Issued
Advisory Opinion 2022-12 (Ready for Ron) On September 28, the Commission approved on tally vote an advisory opinion in response to a request from Ready for Ron, a hybrid, nonconnected political that proposes to provide to Governor Ron DeSantis without charge a petition containing the names and contact information of thousands of individuals who wish to encourage him to run for President in the 2024 election. The Commission concluded that Ready for Ron may not provide the names and contact information to Governor DeSantis if he either becomes a federal candidate or begins testing the waters for a potential federal candidacy because the value of that information would exceed applicable contribution limits and limits on funds used to test the waters. The Commission further concluded that Ready for Ron’s proposal to provide the contact information to the Governor after he becomes a federal candidate or begins testing the waters is also contrary to restrictions on the use of funds in the non-contribution accounts of political committees that maintain both contribution and non-contribution accounts. The Commission was unable to approve a response by the required four affirmative votes as to whether Ready for Ron may otherwise provide the contact information from its petition to the Governor when he is neither testing the waters nor a federal candidate. The Commission received comments from the requestor on September 27 and September 28.
Draft Opinions Discussed
Advisory Opinion 2022-20 (Maggie for NH) On September 29, the Commission discussed two drafts in response to a request from Maggie for NH, the principal campaign committee of Senator Maggie Hassan. The committee asked whether proposed text messages containing links to “split-it” fundraising pages will constitute in-kind contributions to the other political committees listed on the pages. On September 28, the Commission received a comment from the requestor.
Request Received
Advisory Opinion Request 2022-21 (DSCC, Bennet for Colorado, and People for Patty Murray) On September 26, the Commission made public an advisory opinion request from DSCC, Bennet for Colorado, and People for Patty Murray. The requestors ask whether DSCC may use its legal proceedings account to pay for television advertisements featuring federal candidates, including Senators Michael Bennet and Patty Murray, that solicit funds for the DSCC’s legal proceedings account. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than October 6) and must issue a response no later than 20 days after the receipt of the complete request, that is, by October 13, 2022.
Enforcement
The Commission made public 21 closed cases, as follows. For more information, see the case documents in the Enforcement Query System.
COMPLAINANTS: Citizens for Responsibility and Ethics in Washington and Melanie Sloan
RESPONDENT: American Action Network (AAN)
SUBJECT: The original complaint alleged that AAN violated the Federal Election Campaign Act of 1971, as amended (the Act), by failing to organize, register and report as a political committee after spending at least $18.1 million on independent expenditures and electioneering communications between July 2009 and June 2011 out of a total of $27.1 million in spending during the same time period. The Commission originally considered the complaint in MUR 6589, but there was an insufficient number of votes to find reason to believe that AAN violated the Act. Accordingly, the Commission closed its file in that matter. The Commission’s decision was challenged in CREW v. FEC (Case No. 14-1419) and on September 19, 2016, the U.S. District Court for the District of Columbia held that the dismissal was contrary to law, and remanded the case to the Commission for proceedings consistent with the court’s opinion. Pursuant to the court’s remand, the matter was reopened and numbered MUR 6589R. On October 18, 2016, the Commission again considered the matter, and there was an insufficient number of votes to find reason to believe that AAN violated the Act. Accordingly, the Commission closed its file in the matter. The Commission’s decision was challenged in CREW v. FEC, et al. (Case No. 16-2255). On March 20, 2018, the District Court again remanded the matter to the Commission. Pursuant to the court’s remand, the matter was reopened and again numbered MUR 6589R.
DISPOSITION: The Commission closed the file. Chairman Allen Dickerson and Commissioners Sean J. Cooksey and James E. “Trey” Trainor, III, Chairman Lee E. Goodman and Commissioners Caroline C. Hunter and Matthew S. Petersen, and Commissioner Ellen L. Weintraub issued Statements of Reasons.
COMPLAINANTS: Brad Woodhouse and American Democracy Legal Fund
RESPONDENTS: John Ellis Bush; Jeb 2016, Inc., and William Simon, in his official capacity as treasurer; Right to Rise PAC and James P. Robinson, in his official capacity as treasurer (RTR PAC); Right to Rise USA and Charles R. Spies, in his official capacity as treasurer (Super PAC); and Michael Murphy
SUBJECT: The complaints alleged various violations involving Jeb Bush, RTR PAC, the SuperPAC, and Murphy relating to Bush’s presidential exploratory period in 2015 and in the period following his formal announcement of his candidacy. Specifically, the complaints alleged that that RTR PAC and the Super PAC raised non-federal funds and may have made excessive, unreported in-kind contributions to Bush by paying for testing the waters activity. Bush was a 2016 candidate for President.
DISPOSITION: The Commission closed the file. Chairman Dickerson and Commissioners Cooksey and Trainor and Commissioner Weintraub issued Statements of Reasons.
MURs 7427, 7497, 7524, and 7553
COMPLAINANTS: Campaign Legal Center; and Giffords
RESPONDENTS: National Rifle Association of America Political Victory Fund and Robert G. Owens, in his official capacity as treasurer (NRA-PVF); National Rifle Association of American Institute for Legislative Action and Robert G. Owens, in his official capacity as treasurer (NRA-ILA); OnMessage, Inc.; Starboard Strategic, Inc.; Thom Tillis Committee and Collin McMichael, in his official capacity as treasurer (Tillis Committee); Cotton for Senate and Theodore V. Koch, in his official capacity as treasurer (Cotton Committee); Cory Gardner for Senate and Lisa Lisker, in her official capacity as treasurer (Gardner Committee); Ron Johnson for Senate, Inc. and James J. Malczewski, in his official capacity as treasurer (Johnson Committee); Matt Rosendale for Montana and Errol Galt, in his official capacity as treasurer (Rosendale Committee); Josh Hawley for Senate and Salvatore Purpura, in his official capacity as treasurer (Hawley Committee); National Media Research and Placement, LLC; Red Eagle Media Group; American Media & Advocacy Group, LLC; and Make America Great Again PAC (f/k/a Donald J. Trump for President, Inc.) and Bradley T. Crate, in his official capacity as treasurer (Trump Committee)
SUBJECT: The complaints alleged that the NRA-PVF and NRA-ILA provided millions of dollars in excessive, prohibited, and unreported in-kind contributions to political committees across the last three election cycles through coordinated placement of advertisements using common vendors.
DISPOSITION: The Commission closed the file. Chairman Dickerson and Commissioner Trainor and Commissioner Weintraub issued Statements of Reasons.
COMPLAINANT: Campaign Legal Center
RESPONDENT: 45Committee, Inc. (45Committee)
SUBJECT: The Complaint alleged that 45Committee, a Section 501(c)(4) nonprofit organization, failed to register and report as a political committee despite making over $21 million in independent expenditures in the weeks leading up to the 2016 presidential election, thereby making 45Committee’s major purpose the nomination or election of a federal candidate.
DISPOSITION: The Commission closed the file. Chairman Dickerson, Commissioners Cooksey and Trainor, and Commissioners Shana M. Broussard and Weintraub issued Statements of Reasons.
COMPLAINANTS: American Democracy Legal Fund; Campaign Legal Center; and Giffords
RESPONDENTS: Donald J. Trump; Make America Great Again PAC, f/k/a Donald J. Trump for President, Inc. and Bradley T. Crate, in his official capacity as treasurer (Trump Committee); National Rifle Association of America Political Victory Fund and Robert G. Owens, in his official capacity as treasurer (NRA-PVF); National Media Research Planning and Placement, LLC (National Media); Red Eagle Media Group (Red Eagle); American Media & Advocacy Group, LLC (AMAG); Richard Burr; The Richard Burr Committee and Timothy W. Gupton, in his official capacity as treasurer (Burr Committee); Joshua David Hawley; Josh Hawley for Senate and Salvatore Purpura, in his official capacity as treasurer (Hawley Committee); Matt Rosendale; Matt Rosendale for Montana and Errol Galt, in his official capacity as treasurer (Rosendale Committee); and National Rifle Association Institute for Legislative Action and Robert G. Owens, in his official capacity as treasurer (NRA-ILA)
SUBJECT: The complaints alleged that the NRA-PVF and NRA-ILA made excessive, prohibited, and unreported in-kind contributions to various political committees by financing coordinated communications using a common vendor during the 2016 and 2018 election cycles.
DISPOSITION: The Commission closed the file. Chairman Dickerson and Commissioner Trainor and Commissioner Weintraub issued Statements of Reasons.
COMPLAINANTS: Campaign Legal Center; End Citizens United; Margaret Christ; and Amber Dahlin
RESPONDENTS: America First Action, Inc. and Jon Proch, in his official capacity as treasurer (AFA); OnMessage, Inc.; Starboard Strategic, Inc.; Josh Hawley for Senate and Salvatore Purpura, in his official capacity as treasurer (Hawley Committee); Matt Rosendale for Montana and Errol Galt, in his official capacity as treasurer (Rosendale Committee); Pete Sessions for Congress and Steve Hargrove, in his official capacity as treasurer (Sessions Committee); National Media Research, Planning and Placement, LLC; National Rifle Association of America Political Victory Fund and Robert Owens, in his official capacity as treasurer (NRA-PVF); National Rifle Association of America Institute for Legislative Action and Robert Owens, in his official capacity as treasurer (NRA-ILA); Cory Gardner for Senate and Lisa Lisker, in her official capacity as treasurer (Gardner Committee); and Cory Gardner
SUBJECT: The complaints alleged that AFA, NRA-PVF, and NRA-ILA made excessive, prohibited, and unreported in-kind contributions to several federal candidates and political committees using a common vendor during the 2014 and 2018 election cycles.
DISPOSITION: The Commission closed the file. Chairman Dickerson and Commissioner Trainor and Commissioner Weintraub issued Statements of Reasons.
COMPLAINANTS: Daniel Stevens, Executive Director of the Campaign for Accountability; Margaret Christ and Brendan Fischer, Campaign Legal Center; and Tiffany Muller, End Citizens United
RESPONDENTS: Senator Joni Ernst; Joni for Iowa and Cabell Hobbs, in his official capacity as treasurer (the Committee); Jobs Opportunity and New Ideas PAC and Cabell Hobbs, in his official capacity as treasurer (New Ideas PAC); and Iowa Values
SUBJECT: The complaints alleged various violations involving Iowa Values, a 501(c)(4) organization, and the other named respondents. In MUR 7674, the complaint alleged that Iowa Values’ major purpose was to re-elect Ernst and that it failed to register as a political committee after accepting contributions and making expenditures in support of Ernst’s candidacy. In MUR 7672, the complaint alleged that Ernst, the Committee, and Ernst’s Leadership PAC, New Ideas PAC, solicited non-federal funds for Iowa Values, which Iowa Values then used to pay for coordinated communications. Finally, in MUR 7732, the complaint alleged that the Committee failed to itemize salary payments in order to hide disbursements made to campaign employees who may have also been working for Iowa Values. Ernst was a 2020 candidate for Iowa’s United States Senate seat.
DISPOSITION: The Commission closed the file. Chairman Dickerson and Commissioners Cooksey and Trainor, and Commissioners Broussard and Weintraub issued Statements of Reasons.
COMPLAINANTS: The Patriots Foundation and Craig Robinson
RESPONDENTS: David Brock; American Bridge 21st Century Foundation (AB Foundation); AB PAC and Rodell Mollineau, in his official capacity as treasurer (AB PAC); Media Matters for America (MMA); Correct the Record and Elizabeth Cohen, in her official capacity as treasurer (CTR); Hillary for America and Elizabeth Jones, in her official capacity as treasurer (HFA); and Unknown Respondents
SUBJECT: The complaint alleged that a network of four political committees and organizations allegedly established or controlled by Brock and HFA, the authorized campaign committee of 2016 Presidential candidate Hillary Clinton, violated the Act and Commission regulations in several ways during the 2016 election. First the complaint alleged that MMA made impermissible corporate in-kind contributions to HFA in the form of media services provided without charge. Second, the complaint alleged that MMA made in-kind contributions to AB PAC and CTR in the form of “uncompensated services” which the recipient committees failed to report. Third, given an arrangement whereby AB PAC and AB Foundation share certain administrative expenses based on “management and budgeted” estimates, the complaint alleged that AB PAC’s reporting of the payments arising out of its cost-sharing arrangement with AB Foundation were inaccurate. Fourth, the complaint alleged that Brock and CTR “systematically coordinated” with the Clinton campaign, resulting in CTR making unreported, excessive in-kind contributions to HFA. Fifth, the complaint alleged that AB PAC’s independent expenditures during the 2016 election opposing Donald J. Trump, Clinton’s general election opponent, should have been reported as in-kind contributions to HFA because AB PAC “did not operate independently” of CTR, which allegedly “openly coordinated” with HFA. Finally, the complaint alleged that AB PAC made prohibited in-kind contributions to a number of unidentified Democratic candidate campaigns in the form of free research services.
DISPOSITION: The Commission closed the file. Chairman Dickerson and Commissioners Cooksey and Trainor, and Commissioner Weintraub issued Statements of Reasons.
COMPLAINANT: Justin M. Arney
RESPONDENTS: Beth for Congress and Bradley T. Crate, in his official capacity as treasurer (the Committee); Beth Parlato; and Anthony Parlato
SUBJECT: The complaint alleged that the Committee, the principal campaign committee of Beth Parlato, a 2020 candidate for New York’s 27th Congressional District, misreported a home equity line of credit that Parlato and her husband Anthony Parlato acquired from a lending institution, which her Committee then reported as a personal loan from the candidate.
DISPOSITION: On May 24, 2022, the Commission found reason to believe that the Committee failed to disclose required information about candidate loans. The Commission further found no reason to believe that Beth Parlato violated the Act by failing to disclose required information about candidate loans. The Commission dismissed the allegation that Anthony Parlato made, and the Committee accepted, an excessive contribution. The Commission entered into a conciliation agreement providing for the Committee to pay a civil penalty of $2,000.
COMPLAINANT: FEC-Initiated
RESPONDENT: Democratic Executive Committee of Florida and Fran Garcia, in her official capacity as treasurer (the Committee)
SUBJECT: In the normal course of carrying out its supervisory responsibilities, the Commission initiated proceedings to determine whether there was reason to believe that during the 2018 election cycle the Committee (1) accepted excessive and prohibited contributions, (2) failed to disclose increased activity in disbursements and Levin receipts and disbursements, and (3) failed to maintain a monthly log for payroll.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to pay a civil penalty of $44,000 and to amend its reports to reflect the refunds or transfer out of excessive and prohibited contributions.
COMPLAINANT: Scott Hogan, Democratic Party of Georgia
RESPONDENTS: Herschel Walker; and Team Herschel, Inc. and Jason D. Bowles, in his official capacity as treasurer
SUBJECT: The complaint alleged that Walker, a 2022 candidate for Georgia’s United States Senate seat, decided to run for Senate in June 2021, but did not file a Statement of Candidacy until August 24, 2021. The complaint alleged that Walker began to “build his campaign” and thus failed to timely file his Statement of Candidacy within 15 days of deciding to run for office and raising or spending more than $5,000 in support of his candidacy.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the complaint. The Commission observed that the available information did not indicate that the Committee raised contributions or made expenditures aggregating more than $5,000 prior to the day that Walker filed a Statement of Candidacy with the Commission.
COMPLAINANT: Kendra Arnold; Foundation for Accountability and Trust
RESPONDENTS: DCCC and Timothy R. Persico, in his official capacity as treasurer (DCCC); and Sean Patrick Maloney
SUBJECT: The complaint alleged that the DCCC and Maloney, the DCCC’s Chair, violated the Act’s prohibition on the conversion of campaign funds to personal use when the DCCC purportedly purchased a plane ticket for Maloney to travel for a personal vacation. It also alleged that the DCCC failed to disclose that the disbursements were for Maloney’s personal vacation.
DISPOSITION: The Commission found no reason to believe that the DCCC or Maloney violated the personal use prohibition because there was no available information to indicate that the DCCC paid for Maloney’s personal travel. The Commission observed that the personal use prohibition does not apply to the non-campaign funds of a national party committee such as the DCCC. The Commission also found no reason to believe that the DCCC failed to properly disclose the disbursement at issue.
Alternative Dispute Resolution
The Commission made public one closed case, as follows. For more information see the case documents in the Enforcement Query System.
COMPLAINANT: FEC-Initiated
RESPONDENT: Republican National Committee and Ronald C. Kaufman, in 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 remedy excessive contributions totaling $157,942 within the permissible timeframe during the 2019-2020 election cycle.
DISPOSITION: The Committee agreed to 1) retain an outside consultant to review its joint fundraising compliance procedures and conduct an on-site training with those responsible for preparing and filing its reports; 2) develop and certify the implementation and distribution of a policy document to be provided to all compliance staff detailing joint fundraising compliance procedures, specifically on how to identify and remedy excessive contributions; and 3) pay a civil penalty of $13,025.
Audits
Proposed Final Audit Report on the Kentucky State Democratic Central Executive Committee On September 28, the Commission approved on tally vote the Proposed Final Audit Report on the Kentucky State Democratic Central Executive Committee, covering campaign finance activity between January 1, 2017 and December 31, 2018. The approved findings related to misstatement of financial activity and recordkeeping for employees.
Proposed Final Audit Report on the Democratic Party of Arkansas On September 28, the Commission approved on tally vote the Proposed Final Audit Report on the Democratic Party of Arkansas, covering campaign finance activity between January 1, 2017 and December 31, 2018. The approved findings relate to reporting of debts and obligations, recordkeeping for employees, and disclosure of loans and loan repayments. The Commission will include reporting of media-related expenditures in the Additional Issues section.
Audit Division Recommendation Memorandum on Anibal Comisionado 2020 On September 29, the Commission approved on tally vote two findings in the Audit Division Recommendation Memorandum on Anibal Comisionado 2020, covering campaign finance activity between February 10, 2020 and December 31, 2020. The approved findings relate to misstatement of financial activity and disclosure of occupation and/or name of employer.
Litigation
AB PAC v. FEC (Case No. 22-2139) On September 26, the Commission filed a Partial Motion to Dismiss and a Memorandum of Points and Authorities in Support of its Partial Motion to Dismiss in the U.S. District Court for the District of Columbia.
Campaign Legal Center v. FEC (Case No. 22-1976) On September 26, Plaintiff filed a Memorandum of Points and Authorities in Opposition to Defendant’s Motion to Dismiss in the U.S. District Court for the District of Columbia.
Public Disclosure
On September 26, the Office of the Inspector General released its FY 2023 Work Plan.
Outreach
On September 28, the Commission hosted reporting and FECFile webinars for PACs and party committees.
Printed copies of the 2022 edition of Title 11 of the Code of Federal Regulations are now available from the FEC’s Information Division.
Press releases
FEC issues advisory opinion, approves Audit Division recommendations (issued September 29)
Upcoming Commission meetings
October 18, 2022: The Commission is scheduled to meet in executive session.
October 20, 2022: The Commission is scheduled to hold an open meeting.
Upcoming educational programs
October 6, 2022: The Commission will host reporting and FECFile webinars for candidate committees.
October 19, 2022: The Commission will host an FECConnect OnTopic session on Last Minute Disclosures.
For more information on upcoming training opportunities, see the Commission’s Trainings page.
Upcoming reporting due dates
October 15: October Quarterly Reports are due. For more information, see the 2022 Quarterly Reporting schedule.
October 20: October Monthly Reports are due. For more information, see the 2022 Monthly Reporting schedule.
October 27: 12-Day Pre-General Reports are due. For more information, see the 2022 Pre- and Post-General Reporting schedule.
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 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.
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- Judith Ingram
- Press Officer
- Judith Ingram
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- Christian Hilland
- Deputy Press Officer
- Christian Hilland
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- Myles Martin
- Public Affairs Specialist
- Myles Martin