Week of March 11-15, 2024

Commission meetings and hearings

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

On March 14, the Commission held an open meeting.

Advisory Opinions

Comment received

Advisory Opinion 2024-01 (Texas Majority PAC) On March 14, the Commission held over discussion of two drafts of Advisory Opinion Request 2024-01, in response to a request from Texas Majority PAC concerning its proposal to hire vendors to canvass potential voters. Texas Majority PAC asks whether canvassing literature and scripts, and their associated costs, would be public communications, coordinated communications, or coordinated expenditures, and about the provision of data resulting from the canvass to a federal candidate or party committee at less than fair market value. The Commission intends to hold a tally vote on the drafts. The Commission received a comment on the drafts, in addition to several other previously submitted comments on the drafts and the advisory opinion request.

Enforcement

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

MUR 8122

COMPLAINANT: John Tancredi
RESPONDENTS: Lafazan for Congress and Alex Leibson, in his official capacity as treasurer (the Committee); Joshua Lafazan; Elizabeth D. Lawrence; and Bryan H. Lawrence
SUBJECT: The complaint alleged that the Lawrences made an excessive contribution and/or a contribution in the name of another when they loaned $100,000 to Lafazan to pay his graduate school tuition between September 2020 and September 2021 because this allowed Lafazan to use his personal funds later to make a $166,000 candidate loan to the Committee. The complaint alleged further that the Committee did not properly disclose the Lawrences as the source of the funds reported as a candidate loan from Lafazan. Lafazan was a 2022 primary candidate for New York’s 3rd Congressional District.
DISPOSITION: The Commission found no reason to believe that the Lawrences made and Lafazan and the Committee received excessive contributions or that the Committee failed to report the contributions because it appears that (1) the loans were made to support Lafazan’s education and were made irrespective of his later candidacy, and do not meet the definition of a contribution, and (2) Lafazan had sufficient assets and personal funds to lend the Committee $166,000. The Commission further found no reason to believe the Lawrences made and Lafazan and the Committee received a contribution made in the name of another because the available information shows that the loans were arm’s-length transactions made for the purpose of funding Lafazan’s education.

Alternative Dispute Resolution

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

ADR 1138

COMPLAINANT: FEC-Initiated
RESPONDENT: Occupy Democrats Election Fund and Omar Rivero, 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 number of reporting errors and other violations of the Federal Election Campaign Act of 1971, as amended (the Act) during the 2021-2022 election cycle, including, among other items: excessive, prohibited, and other impermissible contributions or transfers; mathematical discrepancies; failure to provide supporting schedules; failure to properly itemize disbursements; and independent expenditure reporting problems.
DISPOSITION: The Committee agreed to 1) develop and certify implementation of a process to track receipt of, and response to, communications with the Commission, 2) certify that it amended relevant 2021-2022 reports after consultation with the FEC’s Reports Analysis Division, 3) participate in an FEC training program, and 4) pay a civil penalty of $5,300.

ADR 1144

COMPLAINANT: FEC-Initiated
RESPONDENT: Citizens for Responsible Energy Solutions Inc. (CRES)
SUBJECT: In the normal course of carrying out its supervisory responsibilities, the Commission initiated proceedings to determine whether there was reason to believe CRES failed to timely file its 2022 Year-End Report to support $200,000 in independent expenditures as disclosed in one 24-Hour Report.
DISPOSITION: CRES agreed to retain an outside consultant to review compliance procedures and conduct training with those responsible for preparing and filings its reports.

ADR 1145

COMPLAINANT: FEC-Initiated
RESPONDENT: Vicky Hartzler for Senate and Bob Huston, 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 failed to remedy excessive and prohibited 2022 Primary Election contributions totaling $23,824 within the permissible timeframe and whether the Committee received $7,757 in 2022 General Election contributions that were not refunded within the permissible timeframe
DISPOSITION: The Committee agreed to pay a civil penalty of $2,350 and, as it wishes to terminate its political committee status, agreed to certify closure of its federal account and to file a Termination Report with the Commission.

Regulations and agency procedures

REG 2024-03 Commission Zip Codes On March 14, the Commission approved a Draft Federal Register Notice to correct the Commission’s address in the regulations. The technical change clarifies that for purposes of U.S. Postal Service delivery, the Commission’s ZIP Code is 20463, and for purposes of physical location as well as for all other deliveries, including by courier or by private delivery service, the Commission’s ZIP Code is 20002.

Statement of Policy Regarding Commission Action in Matters at the Initial Stage in the Enforcement Process On March 14, the Commission approved a Policy Statement providing that the Commission generally will either dismiss a matter or find “reason to believe” concerning an alleged violation. On March 13, the Commission received a comment from Campaign Legal Center on the proposed Policy Statement.

Litigation

Campaign Legal Center v. FEC (Case No. 22-5339) On February 27, Citizens for Responsibility and Ethics in Washington (CREW) filed an Unopposed Motion for Invitation to File Brief as Amicus Curiae in Support of Appellant’s Petition for Rehearing En Banc and on February 28, it filed a Corrected Brief of Amicus Curiae in Support of Appellant’s Petition for Rehearing En Banc. On March 8, the Commission filed a Response to Petition for Rehearing En Banc in the U.S. Court of Appeals for the District of Columbia Circuit. On March 11, the Appeals Court issued a Per Curiam Order granting the CREW’s motion to file as amicus curiae.

End Citizens United PAC v. FEC (Case No. 22-5277) On February 28, Citizens for Responsibility and Ethics in Washington filed a Corrected Brief of Amicus Curiae in Support of the Appellant’s Petition for Rehearing En Banc in the U.S. Court of Appeals for the District of Columbia Circuit. On March 8, the Commission filed a Response to Petition for Rehearing En Banc. Also on March 8, the NRSC and NRCC filed an Unopposed Motion for Invitation to File Brief as Amici Curiae and a Brief as Amici Curiae in Opposition to the Appellant’s Petition for Rehearing En Banc.

National Republican Senatorial Committee, et al. v. FEC, et al. (Case No. 24-3051) On March 11, the following items were filed in the U.S. Court of Appeals for the Sixth Circuit: 1) Motion of Ohio and 12 Other States for Leave to File Brief of Amici Curiae in Support of Plaintiffs-Appellants; 2) Brief of Amici Curiae of the State of Ohio and 12 Other States in Support of Appellants; 3) Motion for Leave to File A Corrected Brief; 4) Corrected Brief of Amicus Curiae Senator Mitch McConnell in Support of Plaintiffs-Appellants; and 5) Brief of Institute for Free Speech as Amicus Curiae in Support of Plaintiffs-Appellants.

Palmer v. FEC (Case No. 23-5216) On March 8, the U.S. Court of Appeals for the District of Columbia Circuit issued a Per Curiam Order granting the Commission’s Motion for Summary Affirmance.

Ready to Win v. FEC (Case No. 23-5161) On March 6, Plaintiff-Appellant filed an Emergency Motion to Recall Mandate and/or for Reconsideration of Dismissal Due to Mootness in the U.S. Court of Appeals for the District of Columbia Circuit. On March 11, the Appeals Court issued a Per Curiam Order denying the motion.

Commissioner statements

On March 15, Vice Chair Ellen L. Weintraub and Commissioner Shana M. Broussard issued a Statement on the Petitions for Rehearing En Banc in Campaign Legal Center v. FEC and End Citizens United PAC v. FEC.

Outreach

On March 12-13, the Commission hosted a webinar for political party committees.

On March 13, Commissioner Broussard participated in a panel discussion at the Brookings Institution entitled “The Dangers Posed by AI and Disinformation During Elections.”

Press releases

FEC approves Federal Register notice, Statement of Policy concerning enforcement process (issued March 14)

FEC cites committees for failure to file 12-Day Pre-Primary Financial Report (issued March 15)

Upcoming Commission meetings and hearings

March 26, 2024: The Commission is scheduled to meet in executive session.

March 27, 2024: The Commission is scheduled to hold an open meeting.

April 16, 2024: The Commission is scheduled to meet in executive session.

April 18, 2024: The Commission is scheduled to hold an open meeting.

Upcoming educational opportunities

April 3, 2024: The Commission will host FECFile webinars for PACs and party committees.

April 4, 2024: The Commission will host FECFile webinars for candidate committees.

April 16-17, 2024: The Commission will host a webinar for corporations and their PACs.

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

Upcoming reporting due dates

March 20: March 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.