Week of April 29 – May 3, 2024
Commission meetings and hearings
On April 30 and May 1, the Commission met in executive session.
On May 1, the Commission held an open meeting.
Advisory Opinions
Advisory Opinions Issued
Advisory Opinion 2024-04 (Independence Blue Cross LLC Political Action Committee) On May 1, the Commission approved an advisory opinion in response to a request from Independence Blue Cross LLC Political Action Committee (IBC PAC), the separate segregated fund of AmeriHealth, Inc., a subsidiary of Independence Health Group, Inc. (IHG). The Commission concluded that IHG and the Blue Cross Blue Shield Association, and their respective separate segregated funds, are no longer affiliated. During the discussion, the Commission heard from counsel for the requestor.
Advisory Opinion 2024-05 (Nevadans for Reproductive Freedom) On May 1, the Commission approved an advisory opinion in response to a request from Nevadans for Reproductive Freedom. The Commission concluded that federal candidates and officeholders may solicit funds for the requestor and for the state ballot initiative outlined in the request without regard for the amount limitations and source prohibitions of the Federal Election Campaign Act of 1971, as amended (the Act). During the discussion, the Commission heard from counsel for the requestor. The Commission received one comment on the advisory opinion request and two comments on the draft advisory opinion, as well as Supplemental Material from the requestor.
Opinion Considered
Advisory Opinion 2024-03 (Politicalmeetings.com LLC) On May 1, the Commission voted on two drafts, but could not approve a response by the required four affirmative votes, in response to an advisory opinion request from PoliticalMeetings.com LLC. The requestor asked whether it may use its website and mobile application platforms to provide information about meetings with federal, state, and local candidates and national party committees to subscribers that contribute monthly to participating candidates and national party committees. During the discussion, the Commission heard 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.
COMPLAINANT: Campaign Legal Center
RESPONDENTS: Montcalm LLC; Hendrik G. Meijer; Mark E. Rizik; and Congressional Leadership Fund and Caleb Crosby in his official capacity as treasurer (CLF)
SUBJECT: The complaint alleged that (1) an unknown person made a $150,000 contribution to CLF, an independent expenditure-only political committee, through Montcalm, a limited liability company, and CLF knowingly accepted a contribution in the name of another, (2) Montcalm or Meijer knowingly made or allowed their name to be used to effect a contribution in the name of another, (3) Montcalm failed to register and report as a political committee despite meeting the legal requirements for political committee status, and (4) Rizik, the organizer and registered agent of Montcalm, failed to register and report Montcalm as a political committee. CLF initially disclosed Montcalm as the source of the contribution, then disclosed Meijer as the source.
DISPOSITION: The Commission found no reason to believe Rizik made contributions in the name of another because the available information showed that he was not the source of the contributed funds. The Commission also found no reason to believe Rizik failed to register Montcalm as a political committee and submit the corresponding disclosure reports for political committees because Montcalm does not appear to have satisfied the statutory threshold for political committee status. The Commission further found no reason to believe Montcalm failed to register and report as a political committee because the record in the matter supported the conclusion that Meijer, not Montcalm, was the source of the contribution at issue. The Commission dismissed the allegation that CLF knowingly accepted a contribution in the name of another, and closed the file in connection with the allegation that Montcalm or Meijer made or knowingly permitted their names to be used for a contribution in the name of another. Chairman Sean J. Cooksey and Commissioners Allen J. Dickerson, Dara Lindenbaum, and James E. “Trey” Trainor, III issued Statements of Reasons, and Commissioners Dickerson and Trainor issued a separate Statement of Reasons.
COMPLAINANT: Chris C. Christensen
RESPONDENTS: Harbick for US Senate and Jen Slater, in her official capacity as treasurer (Harbick Committee); Jo Rae Perkins for US Senate and Jo Rae Perkins, in her official capacity as treasurer (Perkins Committee); Taher for US Senate and Marc Miller, in his official capacity as treasurer (Taher Committee); and Sam for Senate and Samuel Palmer, in his official capacity as treasurer (Palmer Committee)
SUBJECT: The complaint alleged that the four committees disseminated campaign yard signs without proper disclaimers. The complaint alleged further that the Taher and Harbick Committees also made campaign communications on their websites and on social media platforms without proper disclaimers. Perkins, Samuel Palmer, Ibrahim Taher, and Darin Harbick were 2022 candidates for Oregon’s U.S. Senate seat.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter.
COMPLAINANT: Don Watson
RESPONDENTS: Russell Fry; Fry for Congress and David Cole, in his official capacity as treasurer (Federal Committee); Fry for House (State Committee); Grand Strand Brewing, LLC; Hartsville Museum; Palmetto Post; and Audrey Hudson
SUBJECT: The complaint alleged that (1) the State Committee paid for several of Fry’s federal campaign expenses, (2) Grand Strand Brewing, LLC and the Hartsville Museum made, and Fry and the Federal Committee knowingly accepted, prohibited corporate contributions, (3) the Federal Committee failed to report the corporate contributions from Grand Strand Brewing, LLC and the Hartsville Museum, as well as amounts that Fry spent on testing-the-waters activity prior to his federal candidacy, and (4) the Palmetto Post made impermissible in-kind contributions to Fry in the form of coordinated communications that advocated for Fry’s election to Congress. Fry was a 2022 candidate for South Carolina’s 7th Congressional District.
DISPOSITION: The Commission found no reason to believe the Federal Committee failed to report the alleged in-kind contributions from Grand Strand Brewing and the Hartsville Museum because the record does not indicate that Grand Strand Brewing or the Hartsville Museum made a corporate contribution. The Commission further found no reason to believe Fry and the Federal Committee failed to report disbursements for testing the waters activities because allegation is speculative. The Commission also found no reason to believe that the Palmetto Post or Hudson made, or that Fry and the Federal Committee knowingly accepted, excessive in-kind contributions because the activities at issue did not satisfy the three-prong test of the Commission’s coordinated communication regulation. The Commission found no reason to believe that Fry, the State Committee, and the Federal Committee committed a violation in connection with the State Committee’s payment for an online video because the available information indicated it was related to Fry’s state office, and it dismissed the allegation that the Federal Committee failed to report disbursements for such expenses. The Commission also dismissed the allegations in connection with the State Committee’s alleged payment of Fry’s federal campaign expenses and the State Committee’s alleged payment for Fry’s federal campaign website, signs, banner, campaign logo, and video footage.
COMPLAINANTS: Joe O’Dea for Senate; and Stephen Fisher
RESPONDENTS: Unknown Respondent(s); Christian Printers, Inc.; and ProgressNow Colorado
SUBJECT: The complaints alleged that Unknown Respondents, Christian Printers, Inc., and ProgressNow Colorado paid for mailers containing express advocacy that lacked disclaimers.
DISPOSITION: The Commission dismissed the complaints. Chairman Cooksey, Commissioners Dickerson, Lindenbaum, and Trainor, and Commissioner Shana M. Broussard issued Statements of Reasons.
COMPLAINANT: Jonathan Anderson
RESPONDENT: American Muckrakers PAC and David Wheeler, in his official capacity as treasurer (the Committee)
SUBJECT: The complaint alleged that the Committee, an independent expenditure-only political committee, did not report independent expenditures and failed to include required disclaimers on advertising and solicitation materials.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the matter.
COMPLAINANT: FEC-Initiated
RESPONDENT: Sheila Jackson Lee for Congress and Karen Y. Grays, in her 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 (1) misstated its receipts in calendar year 2020, (2) knowingly accepted excessive contributions totaling $129,000 during the 2019-2020 election cycle, and (3) knowingly accepted prohibited corporate contributions totaling $10,450 during the 2019-2020 election cycle.
DISPOSITION: The Commission entered into a conciliation agreement providing for the Committee to pay a civil penalty of $33,000 and to refund to contributors any excessive contributions that have not already been redesignated, reattributed, or refunded in either a timely or untimely fashion.
Alternative Dispute Resolution
The Commission made public one closed case, as follows. For more information, see the case documents in the Enforcement Query System.
COMPLAINANT: FEC-Initiated
RESPONDENT: Right Women PAC and Thomas Datwyler, in his official capacity as treasurer (the Committee)
SUBJECT: In the normal course of exercising its supervisory responsibilities, the Commission initiated proceedings to determine whether there was reason to believe the Committee failed to file one 48-Hour Report totaling $191,871.13 to support one independent expenditure that was disseminated on September 7, 2022.
DISPOSITION: The Committee agreed to pay a civil penalty of $9,500 and, as it wishes to terminate its political committee status, will certify the closure of its federal account and file a termination report with the Commission.
Administrative Fines
The Commission made public three closed cases, as follows. For more information, see the case documents in the Administrative Fine Search System.
AF 4669 For the Many PAC and Kina Collins, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $9,420.
AF 4670 Freedom Initiative Now Political Action Committee Inc and Nicholas Richmond, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $483.
AF 4671 Votesane PAC and James Williams, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $2,175.
Audits
Final Audit Report of the Commission on the Madison Project Inc. On May 3, the Commission made public the Final Audit Report on Madison Project Inc., covering campaign finance activity between January 1, 2019 and December 31, 2020. The Commission approved a finding related to Disclosure of Occupation and Name of Employer. Commissioners Dickerson, Lindenbaum and Trainor, and Commissioners Broussard and Weintraub issued Statements of Reasons.
Regulations and agency procedures
REG 2024-02 (Implementation of FOIA Improvement Act) - Interim Final Rule On May 2, the Commission published an Interim Final Rule in the Federal Register on Implementation of the FOIA Improvement Act, in which the Commission is amending its regulations to implement a statutory mandate requiring federal agencies to change how certain records and documents are made available for public inspection. The Commission is accepting public comments on this revision to its regulations and any comments received may be addressed in a subsequent rulemaking document. All comments must be in writing. Commenters are encouraged to submit comments electronically, referencing REG 2024-02, to ensure timely receipt and consideration. Alternatively, comments may be submitted in paper form addressed to the Federal Election Commission, Attn.: Amy L. Rothstein, Assistant General Counsel, 1050 First Street, NE, Washington, DC 20463. The comment deadline is June 3, 2024, and the Interim Final Rule is effective July 1, 2024.
Proposed Directive Concerning Requests to Withhold, Redact, or Modify Contributors' Identifying Information On May 2, the Commission made public a draft proposed directive.
Litigation
America First Legal Foundation v. FEC (Case No. 24-517) On April 26, the Commission filed an Answer in the U.S. District Court for the District of Columbia.
Campaign Legal Center, et al. v. FEC (Case No. 23-3163) On May 3, the Commission filed a Motion for Summary Judgment, and Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment and in Opposition to Plaintiffs’ Motion for Summary Judgment.
Palmer v. FEC (Case Nos. 22-2876 and 23-5216) On April 30, the U.S. Court of Appeals for the District of Columbia Circuit issued a Mandate and the U.S. District Court for the District of Columbia issued a Mandate.
Outreach
Chairman Cooksey spoke at the May 2-4, 2024 Senate Republican Chief-of-Staff & Committee Staff Directors Retreat in White Sulphur Springs, West Virginia.
Press releases
FEC Cites Committees for Failure to File April Quarterly Report (issued April 29)
Commission approves two advisory opinions (issued May 1)
Upcoming Commission meetings and hearings
May 14, 2024: The Commission is scheduled to meet in executive session.
May 16, 2024: The Commission is scheduled to hold an open meeting.
June 4, 2024: The Commission is scheduled to meet in executive session.
June 6, 2024: The Commission is scheduled to hold an open meeting.
Upcoming educational opportunities
May 7-8, 2024: The Commission will host a webinar for membership and labor organizations and their PACs.
May 21-22, 2024: The Commission will host a webinar for trade associations and their PACs.
June 5, 2024: The Commission will host a webinar for nonconnected PACs.
For more information on upcoming training opportunities, see the Commission’s Trainings page.
Upcoming reporting due dates
May 20: May Monthly Reports are due. For more information, see the 2024 Monthly Reporting schedule.
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.
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- Judith Ingram
- Press Officer
- Judith Ingram
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- Myles Martin
- Public Affairs Specialist
- Myles Martin