FEC issues advisory opinion, approves Audit Division recommendations

WASHINGTON – At its open meeting today, the Federal Election Commission discussed an advisory opinion request. Prior to the meeting, the Commission approved an advisory opinion, an Audit Division Recommendation Memorandum and two Proposed Final Audit Reports.

Advisory Opinion Request 2022-20 (Maggie for NH) 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. During the discussion, the Commission heard from counsel for the requestor.

Advisory Opinion 2022-12 (Ready for Ron) Prior to the meeting, the Commission approved Advisory Opinion 2022-12 in response to a request from a hybrid, nonconnected political committee that proposes to ask individuals to sign a petition encouraging Governor Ron DeSantis to run for President. The Commission concluded that the requestor 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 also concluded that the proposal to provide the contact information to Governor DeSantis after he becomes a federal candidate or begins testing the waters is contrary to restrictions on the use of funds in the non-contribution accounts of political committees with both contribution and non-contribution accounts (hybrid PACs). The Commission could not approve a response by the required four affirmative votes as to whether the requestor may otherwise provide the contact information from its petition to Governor DeSantis when Governor DeSantis is neither testing the waters nor a federal candidate.

Audit Division Recommendation Memorandum on Anibal Comisionado 2020 Prior to the meeting, the Commission approved 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.

Proposed Final Audit Report on the Kentucky State Democratic Central Executive Committee Prior to the meeting, the Commission approved 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 relate to misstatement of financial activity and recordkeeping for employees. The Commission will include receipt of contributions in excess of the limit, excessive coordinated party expenditures, and failure to file a 24-hour report in the Additional Issues section.

Proposed Final Audit Report on the Democratic Party of Arkansas Prior to the meeting, the Commission approved 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.