FEC approves advisory opinion, extends deadline for comments

WASHINGTON – At its open meeting today, the Federal Election Commission approved an advisory opinion, discussed and held over an advisory opinion request, and instructed the Office of General Counsel to draft a consensus advisory opinion in response to another request. The Commission also voted to extend the comment period on an advisory opinion request.

Advisory Opinion Request 2022-14 (Google LLC) The Commission voted to extend the comment period on Advisory Opinion Request 2022-14 until August 5. The requestor asks whether it may provide a free and non-partisan pilot program to test certain design features in its email product to authorized candidate committees, political party committees, and leadership political action committees.

Advisory Opinion Request 2022-06 (Hispanic Leadership Trust) The Commission discussed and held over until the next open meeting Advisory Opinion Request 2022-06. The Hispanic Leadership Trust (HLT) asked several questions relating to whether HLT would be a leadership PAC if its chair and vice chair were members of Congress, or whether HLT would be affiliated with the chair or vice chair’s leadership PACs, under a series of alternative proposed bylaws presented in its request. During the discussion, the Commission heard from counsel for the requestor. On July 13, the requestor granted an extension of time until July 29.

Advisory Opinion 2022-09 (Democratic Party of Wisconsin Federal) The Commission approved Advisory Opinion 2022-09 in response to a request from the Democratic Party of Wisconsin Federal regarding its proposal to form a joint fundraising committee with a nominee fund that has been established for the eventual Democratic nominee for U.S. Senate in Wisconsin. The Commission concluded that the proposal is permissible because it is consistent both with the Commission’s regulation governing joint fundraising activities and with prior Commission advisory opinions concerning the solicitation of contributions on behalf of a yet-to-be-determined recipient. During the discussion, the Commission heard from counsel for the requestor.

Advisory Opinion Request 2022-07 (Congressman Eric Swalwell and Swalwell for Congress) The Commission voted on two draft advisory opinions in response to a request from Congressman Swalwell and his principal campaign committee, regarding whether he may use campaign funds to pay for overnight childcare expenses incurred when he travels to perform his own campaign duties, to campaign for other candidates, and on information-gathering trips at the invitation of foreign governments and other organizations, but did not approve either draft by the requisite four affirmative votes. The Commission directed the Office of General Counsel to prepare a draft reflecting the areas of consensus. During the discussion, the Commission heard from counsel for the requestor.