FEC approves advisory opinion, revised Statement of Organization form, and Audit Division recommendations

WASHINGTON – At its open meeting today, the Federal Election Commission approved an advisory opinion, revisions to the Statement of Organization form for political committees, and findings in an Audit Division Recommendation Memorandum.

Advisory Opinion 2022-01 (Joan Farr for U.S. Senate) The Commission issued Advisory Opinion 2022-01 in response to a request from Farr concerning whether the Federal Election Campaign Act of 1971, as amended, and Commission regulations would allow her or her committees, Joan Farr for U.S. Senate OK and Joan Farr for U.S. Senate KS, to provide copies of a book she had written and currently owns as rewards to contributors. The Commission concluded that the proposed activity is permissible because a candidate may make unlimited expenditures from personal funds, including making in-kind contributions of assets, to his or her candidate committee.

Form 1 Revisions The Commission approved revisions to Form 1, the Statement of Organization for political committees, as well as to the instructions for the form and an Explanation and Justification for the revisions. The revised form introduces voluntary provisions for registering independent expenditure-only political committees (commonly known as “Super PACs”) and hybrid PACs, which intend to establish separate bank accounts to make contributions and to raise unlimited amounts to make independent expenditures. The revised form would enter into effect 10 legislative days after the Form 1 Revisions package is received by Congress, barring congressional objections to the revisions.

Resubmission: Audit Division Recommendation Memorandum on Mike Braun for Indiana The Commission approved five findings in the Audit Division Recommendation Memorandum on Mike Braun for Indiana, covering campaign finance activity from August 7, 2017 to December 31, 2018. The Commission approved findings on misstatement of financial activity, failure to file 48-hour notices, disclosure of occupation and/or name of employer, receipt of apparent prohibited contributions – loans, and disclosure of memo entries and candidate loans. The Audit Division Recommendation Memorandum recommended that, in light of the potential impact of a future decision by the U.S. Supreme Court in Ted Cruz for Senate, et al. v. Federal Election Commission, the Commission refrain from acting on two proposed findings: receipt of contributions in excess of the limit and prohibited candidate personal loan repayments until the Supreme Court issues its decision. The Commission did not agree by at least four votes to refrain from acting on those two proposed findings and, as a result, those two proposed findings will be placed in the Additional Issues section of the Final Audit Report of the Commission.