Week of March 12 - 16, 2018

Commission meetings and hearings

On March 14, the Commission held an open meeting.

Advisory opinions

Requests received

Advisory Opinion Request 2018-04 (Conservative Primary LLC) 

On March 14, 2018, the Commission made public Advisory Opinion Request 2018-04 (Conservative Primary LLC). The requestor, a for-profit limited liability company, plans to establish a website to administer straw polls for certain elections, and to advertise both the site and the results of its polls to its customers and to the general public. The requestor asks a number of questions about the permissibility of its proposed business model under the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations and about the treatment of various proposed ads. The Commission will accept written comments on the request during the 10-day period following publication of the request (no later than March 26) and must issue a response no later than 60 days after the receipt of the complete request, that is, by May 14, 2018.

Enforcement

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

MUR 6861

• COMPLAINANT: John Marek, Campaign Manager, Steve Cohen for Congress
  
• RESPONDENTS: Marion Latroy Williams; National Democratic Party of the U.S.A., Inc. (NDP); Shelby County Democratic Club, Inc. d/b/a  Shelby County Democratic Party, Inc. (SCDC); Memphis Democratic Club, Inc. (MDC); and International Communications Association (ICA)
  
• SUBJECT: The complaint alleged that Williams and several for-profit entities under his control (1) engaged in fraudulent misrepresentations when they produced and distributed campaign materials featuring federal candidates, which were designed to appear as if they were produced by the official national and local Democratic Party committees, and (2) failed to report to the Commission expenditures or in-kind contributions associated with these advertisements.
  
• DISPOSITION: On March 15, 2016, the Commission found no reason to believe the communications made by NDP, SCDC, MDC or ICA constituted a misrepresentation of campaign authority. The Commission found reason to believe that these respondents failed to report independent expenditures to the Commission and that they, along with Williams, failed to include proper disclaimers in their public endorsement communications and advertisements. The Commission authorized an investigation. On February 6, 2018, the Commission voted to take no further action in regard to the respondents after the investigation determined that only a de minimis amount was spent on the unreported independent expenditures. The Commission sent letters of caution, reminding the respondents to ensure their compliance with the Act and Commission regulations.
  

MUR 7244

• COMPLAINANTS: Campaign Legal Center; Democracy 21; and Catherine Hinckley Kelley
  
• RESPONDENTS: 58^th Presidential Inaugural Committee; Doug Ammerman; and Sara Armstrong
  
• SUBJECT: The complaint alleged that the Inaugural Committee, its Designated Officer Ammerman and its Chief Executive Officer Armstrong filed a disclosure report that did not include required information and contained false information. The complaint alleged further that Ammerman falsely affirmed that the report was true, correct, and complete.
  
• DISPOSITION: The Commission closed the file. 
  

MUR 7035

• COMPLAINANT: William L. O’Brien
  
• RESPONDENTS: Australian Labor Party; and Bernie 2016 and Susan Jackson, in her official capacity as treasurer (the Committee) 
  
• SUBJECT: The complaint alleged that the Australian Labor Party made and the Committee accepted a $24,422 prohibited in-kind foreign national contribution.
  
• DISPOSITION: The Commission entered into conciliation agreements providing for the Australian Labor Party and the Committee to pay a civil penalty of $14,500 each.
  

MUR 7197

• COMPLAINANT: Crystal Brinkley
  
• RESPONDENTS: Eric Greitens; and Greitens for Missouri and Jeff Stuerman, in his official capacity as treasurer (the Committee)
  
• SUBJECT: The complaint alleged that Greitens, a then-candidate for governor of Missouri, and the Committee used nonfederal funds to pay for an October 2016 mailer that purportedly constituted federal election activity.
  
• DISPOSITION: The Commission closed the file.
  

MUR 7283

• COMPLAINANT: Mike Keeling
  
• RESPONDENTS: Josh Welle for Congress and Jada Kavanagh, in her official capacity as treasurer (the Committee); and Josh Welle
  
• SUBJECT: The complaint alleged that Welle and the Committee failed to file a Statement of Candidacy or Statement of Organization. Welle is a 2018 candidate for New Jersey’s 4^th Congressional District.
  
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in consideration of Commission priorities. The Commission observed that Welle and the Committee filed the appropriate forms.
  

MUR 7297

• COMPLAINANT: Judith M. Daubenmier
  
• RESPONDENTS: Making Bold Initiatives + Solutions to Help America (M-BISH PAC) and Val Tillstrom, in her official capacity as treasurer (the Committee); and Mike D. Bishop
  
• SUBJECT: The complaint alleged that the Committee, a leadership PAC affiliated with Rep. Bishop, failed to timely file three required reports with the Commission and to disclose a $1,000 contribution on its 2017 Mid-Year Report. 
  
• DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter in consideration of Commission priorities. The Commission observed that the amounts at issue were low and that the reports at issue had been filed.
  

Administrative fines

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

AF 3319

Committee to Elect Mark A. Hunt for Congress 2016 and Jerry Brookover, in his official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $3,782.

Rulemaking and agency procedures

Reg 2011-02: Draft Notice of Proposed Rulemaking on Internet Disclaimers and Definition of “Public Communication.”  

On March 14, the Commission approved a Draft Notice of Proposed Rulemaking requesting comment on two alternative proposals to amend its regulations concerning disclaimers on public communications on the internet that contain express advocacy, solicit contributions, or are made by political committees. The approved draft notice also requests comment on proposed changes to the definition of “public communication.” Comments must be received on or before 60 days after the date of publication in the Federal Register. The Commission will hold a public hearing on this notice on June 27, 2018.

Outreach

• On March 14, Chair Caroline C. Hunter and Vice Chair Ellen L. Weintraub spoke at the Bloomberg Government Next Tech event in Washington, DC.
  

Press releases

• FEC approves a Draft Notice of Proposed Rulemaking on Internet Communication Disclaimers and the Definition of “Public Communication” (issued March 14)
  

Upcoming Commission meetings and hearings

• April 12, 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

• March 20: March Monthly Reports are due. For more information on monthly reporting dates, refer to the 2018 Monthly Reporting page of the Commission website.
  
• April 15: April Quarterly Reports are due. For information on quarterly reporting dates, refer to the 2018 Quarterly Reporting page of the Commission website.
  

Upcoming Educational programs

On April 11, the Commission will host FECFile webinars for candidates and their 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.

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.

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.

The 2017 edition of Title 11 of the Code of Federal Regulations can be downloaded from the website.  To order printed copies, call (800) 424-9530 (press 6) or send an email to info@fec.gov.

The FEC has moved.

This month, the Commission moved from its current location at 999 E Street, NW, Washington, DC to 1050 First Street, NE, Washington, DC. The Commission will begin receiving mail at its new address on March 19, 2018. 

 Join the FEC on Twitter and YouTube

 Follow @FEC on Twitter to receive the latest information on agency updates, news releases, and weekly activity. Subscribe to our YouTube channel, FECTube: FECConnect on Demand, to watch instructional videos that have been designed to help candidates and committees comply with federal campaign finance laws. Note that the FEC is not currently available through other social media platforms at this time. The use of the agency’s logo, name, and likeness on other mediums has not been authorized by the FEC.