Week of June 11– June 15, 2018

Commission meetings and hearings

No Commission meetings or executive sessions were scheduled this week.

Advisory Opinions

Advisory Opinion Request 2018-09 (Clements for Congress). On June 14, the Commission made public supplemental information received from the requestor.

Enforcement

The Commission made public seven closed cases, as follows. For more information, see the case documents in the Enforcement Query System.

MURs 6949 and 6951

• COMPLAINANTS: Paul Broadway and Candace Malone
  
• RESPONDENTS: Russell Ramsland; and Russell Ramsland for Congress f/k/a Russell Ramsland Exploratory Committee and Charles Armstrong in his official capacity as treasurer (the Committee) 
  
• SUBJECT: The complaints alleged that the Committee failed to file a timely Statement of Candidacy and Statement of Organization and to include proper disclaimers on the Committee’s website and emails. The complaint in MUR 6951 also alleged that the Committee website improperly solicited primary, primary runoff, and general election contributions, thus allowing donors to make excessive contributions. Ramsland was a 2016 candidate in the 32nd Congressional District of Texas.
  
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the allegations. The Commission noted the modest amounts and unique facts at issue in the case, including the fact that the available information suggested that while the Committee’s website did not contain a “paid for” disclaimer, most of Ramsland’s written materials said he was merely contemplating a run.
  

MUR 7100

• COMPLAINANT: Brad Woodhouse and American Democracy Legal Fund
  
• RESPONDENT: Donald J. Trump for President, Inc. and Bradley T. Crate in his official capacity as treasurer (the Committee); Donald J. Trump; The Trump Organization; and Mar-A-Lago Club, LLC
  
• SUBJECT: The complaint alleged that Donald J. Trump and the Committee impermissibly converted campaign funds to the personal use of Trump and members of his family by (1) promoting properties and products owned by, or associated with The Trump Organization; (2) making payments to Trump family members or organizations owned by, or associated with, the Trump Organization; and (3) overcharging the Committee for events at the Mar-A-Lago Club.
  
• DISPOSITION: The Commission found no reason to believe that the Committee reimbursed expenses that were for personal use because there was no information to suggest that the travel reimbursements were made for anything other than bona fide campaign travel. The Commission closed the file in connection with the remaining allegations and respondents. Vice Chair Ellen L. Weintraub issued a Statement of Reasons.
  

MUR 7306

• COMPLAINANT: John Paul Sabby
  
• RESPONDENTS: Watson for Senate and Todd Watson in his official capacity as treasurer (the Committee); and Todd Watson
  
• SUBJECT: The complaint alleged that Watson failed to file a Statement of Candidacy with the Commission for his 2018 campaign for Nebraska’s United States Senate seat after spending above the $5,000 threshold in raising or spending that triggers the candidate registration requirement.
  
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in consideration of Commission priorities. The Commission noted that Watson and the Committee have since filed reports with the Commission.
  

MUR 7307

• COMPLAINANT: Thomas Edward Homan
  
• RESPONDENTS: Frederick “Fred” Costello; and Fred Costello for Congress and Steve Tacinelli, in his official capacity as treasurer (the Committee) 
  
• SUBJECT: The complaint alleged that Costello did not file a required Statement of Candidacy within 15 days of becoming a candidate. The complaint also alleged that the Committee distributed emails inviting recipients to a campaign kick-off event and failed to include the required disclaimers for public communications.
  
• DISPOSITION: The Commission found no reason to believe Costello failed to file a timely Statement of Candidacy because there was no information indicating Costello filed his Statement more than 15 days after becoming a candidate under the Federal Election Campaign Act, as amended (the Act). The Commission exercised its prosecutorial discretion in consideration of Commission priorities and dismissed the allegations that the Committee failed to include proper disclaimers on its communications. The Commission observed that the Committee took prompt remedial action in connection with the disclaimer issue.
  

MUR 7312

• COMPLAINANT: Davante Earl Damon Lewis
  
• RESPONDENTS: Committee to Elect Rusty Oliver and Michiel Victor Cameron, in his official capacity as treasurer (the Committee)
  
• SUBJECT: The complaint alleged that the Committee, supporting the 2018 candidacy of Rusty Oliver in Georgia’s 3^rd Congressional District, failed to file both the October 2017 quarterly report and the 2017 Year-End report. 
  
• DISPOSITION: The Commission found no reason to believe the Committee failed to file reports because there are no available facts indicating it was required to file such reports and the Committee denied it had met the threshold for required filing.

MUR 7317

• COMPLAINANT: Lora Hubbel
  
• RESPONDENT: Friends of Dusty Johnson and Barclay W. Kreth in his official capacity as treasurer (the Committee) 
  
• SUBJECT: The complaint alleged that the Committee failed to timely report a disbursement or an in-kind contribution in connection with online advertising it made to support the candidate’s 2018 House campaign for the at-large congressional district in South Dakota.
  
• DISPOSITION: The Commission, noting the modest amount at issue and in furtherance of other priorities, exercised its prosecutorial discretion and dismissed the allegations. 
  

Litigation

• CREW et al. v. FEC (Case 17-5049). On June 15, the Court of Appeals for the District of Columbia Circuit issued a Memorandum Opinion and Per Curiam Judgment affirming the District Court’s decision in CREW, et al., v. FEC (17-5049), granting the Commission’s motion for summary judgment and denying the plaintiffs’ motion for summary judgment. The D.C. Circuit found that the Commission’s dismissal of CREW's administrative complaint against the Commission on Hope, Growth and Opportunity in Matter Under Review 6471 was not contrary to law.
  
• Lieu, et al. v. FEC (Case 1:16-cv-02201-EGS). On June 13, the plaintiffs filed an Opposition to the Commission’s motion to dismiss the first amended complaint.
  

Public Disclosure

On June 12, the Commission issued the Statistical Summary of 15-Month Campaign Activity of the 2017-2018 Election Cycle.

Upcoming Commission meetings and hearings

• June 26, 2018: The Commission is scheduled to meet in executive session.
  
• June 27, 2018: The Commission will hold a public hearing on a Notice of Proposed Rulemaking regarding Internet disclaimers and the Commission’s definition of public communication.
  
• June 28, 2018: The Commission is scheduled to hold an open meeting.
  

Meeting dates are subject to change. Please contact the Press Office the week of the scheduled meeting for confirmation.

Upcoming reporting due dates

June 20: June Monthly Reports are due. For more information on monthly reporting dates, refer to the 2018 Monthly Reporting page of the Commission website.

Outreach

On June 12, Vice Chair Ellen Weintraub discussed campaign finance disclosure rules and the role of the Commission with a group of leaders from various countries visiting the United States as part of the State Department’s International Visitor Leadership Program's “Accountability in Government” program.

Press Releases

• Court of Appeals issues opinion in CREW, et al., v. FEC (published June 15)
  

Upcoming Educational Outreach

• On June 20, the Commission will host reporting and FECFile webinars for candidate committees.
  
• On June 27, the Commission will host a FECFile webinar for PACs and party committees.
  

Additional information is available on the Educational Outreach page of the Commission website.

Additional research materials

Additional research materials about the agency, campaign finance information, and election results are available through the Library section of the Commission website.

Printed copies of the 2018 edition of Title 11 of the Code of Federal Regulations (CFR) are now available. Contact the Commission's Information Division at (202) 694-1100 or (800) 424-9530 (press 6, when prompted) to order printed copies of the CFR at no charge. You may also email the Information Division to place an order at info@fec.gov.

The 2017 Campaign Guide for Corporations and Labor Organizations is available. Other Campaign Guides are available, as well.

The 2018 Congressional Primary Election Dates list is available.

Federal Elections 2016: Election Results for the U.S. President, the U.S. Senate and the U.S. House of Representatives is available. The data was compiled from the official vote totals published by state election offices. To order a printed copy, please contact the FEC’s Public Records Office at 800/424-9530 (option 2) or 202/694-1120, or send an email to pubrec@fec.gov.

The 2017 edition of 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 FEC Record is available as a continuously updated online news source.

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