FEC approves two advisory opinions

WASHINGTON – At its open meeting today, the Federal Election Commission approved two advisory opinions and directed the Office of General Counsel to prepare another draft of a third.

Advisory Opinion 2022-05 (DSCC) The Commission approved an advisory opinion in response to 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. The Commission concluded that, based on the specific facts presented, the value paid by DSCC for the research book may be allocated equally to DSCC and each authorized committee, if that allocation reasonably reflects the benefit derived. During the discussion, the Commission heard from counsel for the requestor.

Advisory Opinion Request 2022-03 (Democracy Engine, LLC) The Commission voted on two draft advisory opinions in response to a request from Democracy Engine, LLC, but did not approve either by the requisite four affirmative votes. The Commission directed the Office of General Counsel to prepare a draft reflecting the areas of consensus among Commissioners. Democracy Engine, LLC asked whether (1) corporations may use Democracy Engine’s web platform to solicit and track contributions from members of a corporation’s restricted class to federal candidates and political committees and (2) corporations and their separate segregated funds may use Democracy Engine’s web platform to solicit and track contributions from the general public to federal candidates and political committees.

Advisory Opinion Request 2022-06 (Hispanic Leadership Trust) The Commission held over Advisory Opinion Request 2022-06 to a future meeting. Requestor HLT, a non-connected committee, 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.

Advisory Opinion 2022-08 (National Republican Congressional Committee) The Commission unanimously approved Advisory Opinion 2022-08 in response to a request from the National Republican Congressional Committee or NRCC. The Commission concluded that the NRCC’s members may raise contributions subject to a separate contribution limit for the New York congressional primary election on August 23, 2022.