FEC - Federal Election Commission
05/27/2022 | Press release | Distributed by Public on 05/27/2022 11:50
Week of May 23-27, 2022
Commission meetings and hearings
On May 24 and 26, the Commission met in executive session.
On May 26, the Commission held an open meeting.
Status of FEC operations
The FEC's headquarters at 1050 First Street, NE, Washington, DC, 20002, is now open to visitors and members of the public on a limited basis. Please see the FEC's Contact page for more information, including current COVID-19 safety protocols.
Advisory Opinions
Opinion Discussed
Advisory Opinion Request 2022-05 (DSCC) On May 26, the Commission discussed and held over Advisory Opinion Request 2022-05, a request from the DSCC, a national political party committee that plans to hire a consultant to write a research book regarding a sitting U.S. senator and to use the book both to inform its own strategy in that senator's state and to provide the book to two candidates for the Democratic nomination for U.S. Senate in that state. On May 24, 25 and 26, the Commission received comments on the draft advisory opinion. On May 26, the requestor agreed to an extension of time.
Enforcement
The Commission made public six closed cases, as follows. For more information, see the case documents in the Enforcement Query System.
COMPLAINANT: Campaign Legal Center
RESPONDENTS: Skytron, LLC (Skytron); The KMW Group, Inc. (KMW); and Outsider PAC and Julie Dozier, in her official capacity as treasurer (Outsider PAC)
SUBJECT: The complaint alleged that Skytron or its parent company, KMW, made a prohibited federal contractor contribution to Outsider PAC, an independent expenditure-only political committee. The complaint also alleged that Outsider PAC knowingly solicited a contribution from a federal contractor.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter. The Commission observed the low dollar amount at issue in the matter.
COMPLAINANT: Kurt B. Sweeney, c/o Hughes for Congress 2020
RESPONDENTS: Fischbach for Congress and Paul Kilgore, in his official capacity as treasurer (Fischbach Committee); Michelle Fischbach; Minnesota Citizens Concerned For Life, Inc.; Federal PAC and Catherine Blaeser, in her official capacity as Treasurer (MCCL PAC); National Right to Life Victory Fund and Wayne Cockfield, in his official capacity as Treasurer (NRLVF); Scott Fischbach; and Darla St. Martin
SUBJECT: The complaint alleged that MCCL PAC and NRLVF, in which Scott Fischbach and St. Martin held leadership positions, made and the Fischbach Committee and Michelle Fischbach received excessive in-kind contributions when they coordinated communications.. Michelle Fischbach was a 2020 candidate for Minnesota's 7th Congressional District.
DISPOSITION: The Commission dismissed the allegations. The Commission observed the low dollar amount at issue in the matter.
COMPLAINANT: End Citizens United
RESPONDENTS: Valadao for Congress and Melissa Allen, in her official capacity as treasurer (the Committee); Vitoria PAC and Melissa Allen, in her official capacity as treasurer (the PAC); David Valadao; and Andrew Renteria
SUBJECT: The complaint alleged that the PAC made, and the Committee received, excessive and unreported in-kind contributions when Valadao used PAC funds to cover the salary of Renteria, his campaign manager. Valadao was a 2020 candidate for California's 21st Congressional District.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter. The Commission observed the low dollar amount at issue in the matter.
COMPLAINANT: Campaign Legal Center
RESPONDENTS: Kirby-Smith Machinery, Inc.; and Restore Oklahoma and Cabell Hobbs, in his official capacity as treasurer (Restore Oklahoma)
SUBJECT: The complaint alleged that Kirby-Smith Machinery, Inc. made a prohibited federal contractor contribution to Restore Oklahoma, an independent expenditure-only political committee. The complaint also alleged that Restore Oklahoma knowingly solicited a contribution from a federal contractor.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter. The Commission observed the low dollar amount at issue in the matter.
COMPLAINANT: Campaign Legal Center
RESPONDENTS: Excel Dryer, Inc.; and American Working Families and Bud Jackson, in his official capacity as treasurer (AWF)
SUBJECT: The complaint alleged that Excel Dryer, Inc. made a prohibited federal contractor contribution to AWF, an independent expenditure-only political committee. The complaint also alleged that AWF solicited a contribution from a federal contractor.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter. The Commission observed the low dollar amount at issue in the matter.
COMPLAINANT: Campaign Legal Center
RESPONDENTS: DTE Energy Company, Inc. (DTE); and American Working Families and Bud Jackson, in his official capacity as treasurer (AWF)
SUBJECT: The complaint alleged that DTE made a prohibited federal contractor contribution to AWF, an independent expenditure-only political committee. The complaint also alleged that AWF knowingly solicited a contribution from a federal contractor.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter. The Commission observed the low dollar amount in the matter.
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: Nancy Mace for Congress and Paul Kilgore, 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 that the Committee failed to remedy excessive and prohibited 2020 Primary and General Election contributions totaling $58,200 within the permissible timeframe.
DISPOSITION: The Committee agreed to 1) develop and certify implementation of a compliance operations manual which includes internal controls, 2) participate in an FEC training program, and 3) pay a civil penalty of $4,350.
Administrative Fines
The Commission made public seven closed cases, as follows. For more information, see the case documents in the Administrative Fine Search System.
AF 4248 Brad Barron for US Senate and Jill M. Barron, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
AF 4249 Chambers for Louisiana and Ronaldo Hardy, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $351.
AF 4250 Colin Wilhelm for Colorado and Megan Tews, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $5,571.
AF 4251 Emily Robinson for Congress and Emily Robinson, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $15,153.
AF 4252 Foster for Kansas and Adrienne Foster, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.
AF 4253 Friends of Mike Webb and Mike Webb, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $9,727.
AF 4254 George Mitris for Congress and Thomas Costa, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $10,102.
Regulations and agency procedures
Interim Final Rule: Independent Expenditure Reporting On May 26, the Commission held over discussion of a proposed Interim Final Rule to amend a regulation requiring that certain persons making independent expenditures disclose on their reports the identification of each person who made a contribution over $200 to the persons filing such reports "for the purpose of furthering the reported independent expenditure." The Commission is considering the proposed Interim Final Rule to comply with the decision of the United States Court of Appeals for the District of Columbia Circuit, which affirmed a district court decision holding that the disclosure regulation was invalid.
Interim Final Rule: Repayment of Candidate Loans On May 26,the Commission discussed and voted on a proposed Interim Final Rule on repayment of candidate loans to remove regulatory restrictions on authorized committees' repayment of candidates' personal loans to the committees following the U.S. Supreme Court's ruling in Federal Election Commission v. Ted Cruz for Senate, but did not approve the proposed rule by the requisite four affirmative votes. Commissioner Sean J. Cooksey issued a Statement.
Audits
Proposed Final Audit Report on Mike Braun for Indiana. On May 26, the Commission held over the proposed final audit report.
Public Funding
Initial Determination on Eligibility to Receive Primary Election Public Funds - Howie Hawkins, Howie Hawkins 2020. On May 26, the Commission held over until the next open meeting discussion of an Initial Determination that Hawkins, a 2020 candidate for U.S. President, is not eligible to receive payments of matching funds.
Litigation
FEC v. Rivera (Case No. 17-22643) On May 23, the Commission filed an Opposition to Defendant's Motion to Alter or Amend or for Relief from Judgment in the U.S. District Court for the Southern District of Florida.
Heritage Action for America v. FEC (Case No. 22-1422) On May 20, Plaintiff filed a Complaint for Declaratory and Injunctive Relief in the U.S. District Court for the District of Columbia.
Outreach
On May 25, Commissioner Ellen L. Weintraub met with representatives from the Organization for Security and Co-operation in Europe (OSCE)/Office for Democratic Institutions and Human Rights (ODIHR)/Parliamentary Assembly (OSCE PA) at the Commission.
On May 25, Reports Analysis Division Assistant Branch Chief Brian Jones presented a workshop entitled "Best Practices for Reporting & Compliance" at the RNC's Legal Compliance Seminar in Washington, DC.
On May 25, the Commission hosted a webinar for membership and labor organizations and their PACs.
Press releases
FEC votes on proposed interim final rule on repayment of candidate loans, discusses advisory opinion request (issued May 26)
Upcoming Commission meetings
June 7, 2022: The Commission is scheduled to meet in executive session.
June 8, 2022: The Commission is scheduled to hold an open meeting.
June 22, 2022: The Commission is scheduled to meet in executive session.
June 23, 2022: The Commission is scheduled to hold an open meeting.
Upcoming educational programs
June 15, 2022: The Commission will host a webinar for trade associations and their PACs.
June 22, 2022: The Commission will host reporting and FECFile webinars for candidates.
June 29, 2022: The Commission will host a FECFile webinar for party committees and political action committees.
For more information on upcoming training opportunities, see the Commission's Trainings page.
Upcoming reporting due dates
June 20: June Monthly Reports are due. For more information, see the 2022 Monthly Reporting schedule.
Updated Campaign Guide
The Commission recently updated its Campaign Guide for Congressional Candidates and Committees. The new Guide, which replaces the 2014 edition, provides an overall summary of the federal campaign finance laws that apply to candidates for the United States House of Representatives and United States Senate and their campaign committees. Printed versions of the Guide are now available for order from the Commission's Information Division.
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.