Week of December 11 – 15, 2023

Commission meetings and hearings

On December 12 and 14, the Commission met in executive session.

On December 14, the Commission held an open meeting.

Election of officers

On December 14, the Commission elected Sean J. Cooksey as Chairman and Ellen L. Weintraub as Vice Chair for 2024.

Advisory Opinions

Opinion Considered

Advisory Opinion Request 2023-08 (Cowboy Analytics) On December 14, the Commission voted on two drafts of an advisory opinion in response to a request from Cowboy Analytics, but neither draft garnered the four votes necessary for approval. The Commission instructed the Office of General Counsel to prepare for tally vote a third draft advisory opinion to include the elements of both Drafts A and B on which the Commission found consensus. During the discussion, the Commission heard from counsel for the requestor. Vice Chairman Cooksey and Commissioners Allen J. Dickerson and James E. “Trey” Trainor, III issued a Statement.

Enforcement

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

MUR 7677

COMPLAINANT: Steve Chabot for Congress and Natalie Baur, as treasurer (the Committee)
RESPONDENT: James R. Schwartz II
SUBJECT: The complaint alleged that Schwartz knowingly converted campaign funds to personal use and caused the Committee to inaccurately report its receipts, disbursements, cash-on-hand, the identity of the Committee’s treasurer and other information while Schwartz functioned as the de facto treasurer. Chabot represented Ohio’s 1st Congressional District, and Schwartz acted as the Committee’s campaign manager from 2011 to 2019.
DISPOSITION: The Commission found reason to believe that Schwartz knowingly and willfully violated the Federal Election Campaign Act of 1971, as amended (the Act), by converting Committee funds to personal use, failing to keep complete Committee financial records, misrepresenting the actual treasurer of the Committee, and failing to file accurate disclosure reports. The Commission entered into a conciliation agreement providing for Schwartz to be prohibited from working or volunteering on any federal political committee in any capacity that involves fundraising or handling finances for 10 years. The Commission agreed to accept the conciliation agreement without a civil penalty due to the mitigating circumstances presented by Schwartz regarding his financial condition. If evidence is uncovered indicating Schwartz is not experiencing a financial hardship as stated, a $4.049 million civil penalty shall be immediately due.

MUR 8177

COMPLAINANT: Self-Reported
RESPONDENTS: American Podiatric Medical Association Political Action Committee and Dr. William N. McCann in his official capacity as treasurer (the Committee)
SUBJECT: The Committee disclosed that it had (1) failed to report credit card and bank fees, investment activity, and an administrative service agreement payment to the Committee’s connected organization, and (2) misreported political contributions and timing differences between when the Committee reported receiving receipts on its disclosure reports and on its general ledger, resulting in a discrepancy between the cash on hand reported on its FEC disclosure reports and the amount reflected in its bank statement balance.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to pay a civil penalty of $5,500.

Alternative Dispute Resolution

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

ADR 1127

COMPLAINANT: FEC-Initiated
RESPONDENT: Sheila Jackson Lee for Congress and Karen Grays, in official capacity as treasurer (the Committee)
SUBJECT: In the normal course of carrying out its supervisory responsibilities, the Commission initiated proceedings to determine whether there was reason to believe the Committee made a series of reporting errors and other violations during the 2021-2022 election cycle, including (1) making excessive, prohibited and other impermissible contributions or transfers, (2) reporting errors including mathematical and cash-on-hand discrepancies, and (3) failure to provide supporting schedules and properly itemize both contributions from individuals and disbursements.
DISPOSITION: The Committee agreed to (1) amend relevant reports to address the 2021-2022 election cycle Requests For Additional Information (RFAIs) from the FEC’s Reports Analysis Division, (2) certify annually that the Committee continued to retain the services of a compliance firm, (3) certify that a representative of the Committee participated in an FEC conference, webinar, or other program developed in consultation with the FEC's Information Division; and (4) pay a civil penalty of $8,400.

Administrative Fines

The Commission made public 73 closed cases, as follows. For more information, see the case documents in the Administrative Fine Search System.

AF 4565 Agoda4Congress and Patricia B. King, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $402.

AF 4566 Alex Bryant for Congress and Sam Coryell, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4567 Amsted Industries Incorporated PAC and Tristan Paige Lopez, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $406.

AF 4568 Angel for Maryland and Masonmarie A. Humphrey, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4569 Asensio4Congress and Manuel P. Asensio, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $483.

AF 4570 Attica Scott for Congress and Advocate Jay Scott, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4571 Campaign to Elect Phyllis Harvey-Hall and Miranda Bissoo, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $131.

AF 4573 Christian for Congress and Joshua DeMarest, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $111.

AF 4574 Christine for Congress and Jesus Olivo, Jr., in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4575 Claudia Zapata for US Congress and Claudia Zapata, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $806.

AF 4576 Committee to Elect Ann Marie Danimus and Ann Marie Danimus, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $483.

AF 4577 Committee to Elect Kyle Sinclair for Congressional District 20 and Office of Treasurer, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $339.

AF 4578 Coram for Colorado and Katie Kennedy, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $76.

AF 4579 David Roth for US Senate and John Conquergood, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $107.

AF 4580 Dr. Richard Watkins for Senate and Lolita Wynn, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4581 E M Krause Committee to Elect 4 NV and Elizabeth Mercedes Krause, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $402.

AF 4582 Emily Robinson for Congress and Emily Robinson, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $28,905.

AF 4584 First For America and David Locke, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $483.

AF 4585 Fort for Congress and Deidre Brown, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $402.

AF 4586 Friends of Barbara Sharief for Congress and Suzette Spalding, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4587 Friends of Christine Scott and Christine Scott, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,450.

AF 4588 Friends of Cindy Banyai and Stephanie Hoffman, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $211.

AF 4589 Friends of Jahmal Cole and Jahmal Cole, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4590 Friends of Jason Mariner and Office of Treasurer, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4591 Galeo Impact Fund PAC and Clara Elena Puerta Navarro, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,450.

AF 4592 Gashi for Congress and Thomas A. Newman, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $806.

AF 4593 George Mitris and Office of Treasurer, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $23,124.

AF 4594 Greg Lirette for Congress and Kevin Kitchen, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $17,343.

AF 4595 Haitian American Votes PAC and Benson Charles, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $7,708.

AF 4596 Harbin for Georgia, Inc. and Blake Harbin, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4597 Hausman for Congress and Eileen Busboom, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4598 Jones, Herb (US House) and Ella Webster, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $806.

AF 4599 Holden for Congress and Julie Holden, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $483.

AF 4600 Holly McCormack for Congress and Holly McCormack, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $16,271.

AF 4601 Ian Smith for Congress and John Downham, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4602 Iroghama Omere for TX and Iroghama C. Omere, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4603 Jessica Taylor for Senate Inc. and Jessica Taylor, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4604 JHT for Congress and Sache Primeaux Shaw, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,450.

AF 4605 Jimmy Rodriguez for Congress and Jimmy Rodriguez, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $55,666.

AF 4606 Jo Rae Perkins for US Senate and Jo Rae Perkins, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $113.

AF 4607 John Conyers for Congress and Steven Hall, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $402.

AF 4608 Josh Barnett for Arizona Congress and Diane Gutierrez, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,450.

AF 4609 Karen Green for Florida and Karen Green, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,450.

AF 4610 Kathleen for Congress and Rebecca Ramirez, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,812.

AF 4611 Kevin Shakil-Mendez for Congress and Abdul L. Sheikh, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $388.

AF 4612 Kutz for Congress and Randy Kutz, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4613 Leiser for Congress and Benjamin Price, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $1,450.

AF 4614 Local 1814 ILA Political Action and Education Fund and Frank Agosta, in official capacity as treasurer. The Commission mad de a final determination and assessed a civil penalty of $352.

AF 4615 Local 891 Internation Union of Operating Engineers Engineers Political Education Committee [sic] and Gregory J. Sutton, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $402.

AF 4616 Michelle Beckley and Martin Mikes, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4617 Morgan for AZ and Earl Johnston, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $4,624.

AF 4618 Muad for Congress and Youssef Zarrouk, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $224.

AF 4619 Murphy for WI and Penelope Formella, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4620 National Association of Landscape Professionals Inc. PAC and C. Andrew Bray, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $212.

AF 4621 Palmer for Illinois and Nathan Dary, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4622 Pat Dowell for Congress and Mattie Lacy, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $402.

AF 4623 Paul Steury for Congress and Ryan Hill, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $483.

AF 4624 Reba for Congress and Bryon Fredrick McComb, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $46,242.

AF 4625 Reed for Missouri and Christina Lynch, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $7,708.

AF 4626 Rett for Senate and Ronald B. Richardson, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4627 Roberts for Congress and James D. Hill, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4628 Sergio Alcubilla for Congress and Sergio Alcubilla, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $4,624.

AF 4629 Support America Leaders PAC and Matthew Nelson Tunstall, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4630 Suzi4Georgia and Daniel DiLuzio, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $265.

AF 4631 Szoka for Congress and Robert Earl Poole II, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $149.

AF 4632 Tamie Wilson for US and Cynthia Brown, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $402.

AF 4633 Texans for Mikal Williams and Mimi Montgomery, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $806.

AF 4634 Together We Thrive and Christopher Zullo, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $19,270.

AF 4636 West Virginia Bankers Association PAC and Mark Mangano, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $176.

AF 4637 Women Vote Smart and Amy S. Kremer, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4638 Yu for Senate and Rick Fernandez, in official capacity as treasurer. The Commission made a final determination and assessed no civil penalty.

AF 4640 GATORPAC and Thomas Datwyler, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $5,994.

AF 4641 Right Women PAC and Thomas Datwyler, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $402.

Regulations and agency procedures

REG 2021-01 (Candidate Salaries) On December 14, the Commission approved Final Rules and an Explanation and Justification revising its regulations concerning the use of campaign funds by a candidate’s principal campaign committee to pay compensation to the candidate. The new rules make amendments to the criteria for determining whether a candidate is eligible to receive compensation from campaign funds, the maximum amount of compensation that a candidate may receive from campaign funds, and the period during which a candidate may receive compensation from campaign funds. The Final Rules will be published in the Federal Register at a future date. Commissioners Shana M. Broussard and Ellen L. Weintraub and Chair Dara Lindenbaum and Commissioner Dickerson issued Statements.

REG 2013-01 (Technological Modernization) On December 14, the Commission approved Final Rules and an Explanation and Justification that modernize the Commission’s regulations in light of technological advances in communications, recordkeeping, and financial transactions. The rules eliminate and update references to outdated technologies and address similar technological issues. The Final Rules will be published in the Federal Register at a future date. Commissioners Weintraub and Broussard and Commissioner Dickerson issued Statements.

Legislative Recommendations

Legislative Recommendations 2023 On Dec. 14, the Commission voted to approve a package of 16 legislative recommendations that it will send to the President and Congress for consideration, including four that the Commission identifies as those of highest priority:

• Establish an Itemization Threshold for Conduit Contributions
• Increase the Rate of Pay for FEC Commissioners, Staff Director and General Counsel
• Amend the Foreign National Prohibition to Include Substantial Assistance
• Amend the Foreign National Prohibition to Include State and Local Ballot Initiatives, Referenda and Recall Elections

Outreach

On December 15, Communications Specialist Romy Adame-Wilson participated on a panel discussion for the AP Government class at Northwood High School in Silver Spring, MD.

Press releases

FEC elects officers for 2024, discusses advisory opinion, approves final rules on candidate salaries and technological modernization and votes to send legislative recommendations to Congress (issued December 14)

Sean J. Cooksey elected Chairman, Ellen L. Weintraub elected Vice Chair for 2024 (issued December 14)

Upcoming Commission meetings and hearings

January 9, 2024: The Commission is scheduled to meet in executive session.

January 11, 2024: The Commission is scheduled to hold an open meeting.

January 23, 2024: The Commission is scheduled to meet in executive session.

January 25, 2024: The Commission is scheduled to hold an open meeting.

Upcoming educational opportunities

January 17, 2024: The Commission will host reporting and FECFile webinars for political action committees and party committees.

January 24, 2024: The Commission will host reporting and FECFile webinars for candidate committees.

For more information on upcoming training opportunities, see the Commission’s Trainings page.

Upcoming reporting due dates

December 20: December Monthly Reports are due. For more information, see the 2023 Monthly Reporting schedule.

The Commission has posted the filing deadlines in connection with the New York 3rd Congressional District Special Election scheduled for February 13, 2024. For more information, see the Reporting Notice.

Additional research materials

Election Dates: The Commission has posted Preliminary 2024 Presidential and Congressional Primary Dates, which are subject to change.

Contribution Limits. In addition to the current limits, the Commission has posted an archive of contribution limits that were in effect going back to the 1975-1976 election cycles.

Federal Elections 2020: Election Results for the U.S. President, the U.S. Senate and the U.S. House of Representatives is now available. The data was compiled from the official vote totals published by state election offices.

FEC Notify: Want to be notified by email when campaign finance reports are received by the agency? Sign up here.

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 Presidential Election Campaign Fund Tax Checkoff Chart provides information on balance of the Fund, monthly deposits into the Fund reported by the Department of the Treasury, payments from the Fund as certified by the FEC, and participation rates of taxpayers as reported by the Internal Revenue Service. For more information on the Presidential Public Funding Program, see the Public Funding of Presidential Elections page.

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

Other election-related resources

Videos on protecting U.S. elections. The FBI’s Protected Voices initiative provides videos designed to help political campaigns protect themselves from foreign influence. The 2019 videos offer guidance on ransomware, business email compromise, supply chain, social media literacy, and foreign influence operations. Other videos, released in 2018, include cyber hygiene topics such as social engineering, patching, router hardening, and app and browser safety.

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. The use of the agency’s logo, name, and likeness on other media has not been authorized by the FEC.