FEC - Federal Election Commission
09/20/2024 | Press release | Distributed by Public on 09/20/2024 15:09
Week of September 16 - 20, 2024
Commission meetings and hearings
On September 17, the Commission met in executive session.
On September 19, the Commission held an open meeting.
Advisory Opinions
Opinions Issued
Advisory Opinion 2024-10 (Alan Lowenthal and Alan Lowenthal for Congress) On September 19, the Commission approved an advisory opinion in response to a request from former U.S. Representative Alan Lowenthal and his principal campaign committee, Alan Lowenthal for Congress to use remaining campaign funds in the Committee's account to pay a researcher or editor to assist in drafting a book or other publications related to Lowenthal's experience in Congress. The Commission concluded that the proposed expenditures to hire a researcher or editor would constitute a prohibited personal use of campaign funds.
Advisory Opinion 2024-12 (McCutcheon) On September 19, the Commission approved an advisory opinion in response to a request concerning the application of the Federal Election Campaign Act of 1971, as amended, (the Act) and Commission regulations to whether a separate contribution limit applies to each individual round of vote tallying in Maine's 2024 ranked-choice voting system. The Commission concluded that it does not, and that a single contribution limit applies because the entire ranked-choice voting process, including all necessary rounds of vote tallying, constitutes a single general election under the Act. During the discussion, the Commission heard from Counsel for the requestor. The Commission received three comments on the request.
Opinion Discussed and Extension of Time
Advisory Opinion Request 2024-09 (Nanette Barragán and Barragán for Congress) On September 19, the Commission discussed an advisory opinion in response to a request from Congresswoman Nanette Barragán and her principal campaign committee regarding the proposed use of campaign funds to pay for eldercare expenses incurred by Congresswoman Barragán as the primary caretaker of her mother. The Commission held over consideration of the advisory opinion request. The Commission received one comment on the draft advisory opinions. The requestor granted an extension of time until October 11, 2024..
Enforcement
The Commission made public eight closed cases, as follows. For more information, see the case documents in the Enforcement Search System.
COMPLAINANT: Anne L. Rooney
RESPONDENT: Kanye 2020 and Stella Denn, in her official capacity as treasurer (the Committee)
SUBJECT: The complaint alleged that the Committee, the principal campaign committee of 2020 presidential candidate Ye, failed to accurately report at least $1.6 million in disbursements for ballot access services.
DISPOSITION: The Commission dismissed the complaint. Chairman Sean J. Cooksey, Commissioners Dara Lindenbaum and Shana M. Broussard, and Commissioners Allen J. Dickerson and James E. "Trey" Trainor, III issued Statements of Reasons.
COMPLAINANT: Dr. Rikin Mehta
RESPONDENTS: Singh for Senate and Hirsh Singh, in his official capacity as treasurer; Hirsh Singh; King Penna; King Maker Strategies, LLC (King Maker); Anna Riker; and William Riker
SUBJECT: The complaint alleged that political consultant King Penna and his company, King Maker violated the Federal Election Campaign Act of 1971, as amended (the Act), by providing uncompensated services and/or coordinated expenditures, including the design and production of mailers and the filing of a challenge to invalidate an opponent's nominating petitions for the primary election, to support 2020 New Jersey Senate candidate Hirsh Singh. The complaint further alleged that William Riker and Anna Riker loaned Penna and King Maker $70,000 for the purpose of financing mailers supporting Singh or attacking his opponent, and that this undisclosed loan resulted in a contribution in the name of another to Singh and the Committee, in violation of the Act.
DISPOSITION: The Commission dismissed the complaint. Chairman Cooksey, Vice Chair Ellen L. Weintraub, and Commissioners Broussard, Dickerson, Lindenbaum, and Trainor issued a Statement of Reasons.
COMPLAINANTS: Donald J. Trump; America First Legal Foundation; and Julia Haller
RESPONDENTS: Harris for President f/k/a Biden for President and Keana Spencer, in her official capacity as treasurer; James Clapper; Michael Hayden; Leon Panetta; John Brennan; Thomas Fingar; Rick Ledgett; John McLaughlin; Michael Morell; Mike Vickers; Doug Wise; Nick Rasmussen; Russ Travers; Andy Liepman; John Moseman; Larry Pfeiffer; Jeremy Bash; Rodney Snyder; Glenn Gerstell; David B. Buckley; Nada Bakos; Patty Brandmaier; James B. Bruce; David Cariens; Janice Cariens; Paul Kolbe; Peter Corsell; Brett Davis; Roger Zane George; Steven L. Hall; Kent Harrington; Don Hepburn; Timothy D. Kilbourn; Ron Marks; Jonna Hiestand Mendez; Emile Nakhleh; Gerald A. O'Shea; David Priess; Pam Purcilly; Marc Polymeropoulos; Chris Savos; Nick Shapiro; John Sipher; Stephen Slick; Cynthia Strand; Greg Tarbell; David Terry; Greg Treverton; John Tullius; David A. Vanell; Winston Wiley; Kristin Wood; Biden Action Fund and Joseph Smolskis, in his official capacity as treasurer (terminated); DNC Services Corp./Democratic National Committee and Virginia McGregor, in her official capacity as treasurer; and Harris Victory Fund f/k/a Biden Victory Fund and Monica Guardiola, in her official capacity as treasurer
SUBJECT: The complaints alleged that a public letter sent by 51 former U.S. intelligence officials constituted an unreported, coordinated, in-kind contribution to Biden for President (BFP), then 2020 presidential candidate Joe Biden's principal campaign committee, which has since changed its name to Harris for President (HFP). The complaint in MUR 8182 also alleged that the letter further constituted an unreported, coordinated, in-kind contribution to various committees engaged in joint fundraising with BFP. The complaint in MUR 8123 alleged that the 51 former intelligence officials were federal contractors at the time the letter was published, that the letter thus constituted a prohibited government contractor contribution, and that BFP's solicitation and acceptance of the letter violated the ban on soliciting and accepting government contractor contributions.
DISPOSITION: The Commission dismissed the complaints. Chairman Cooksey and Commissioners Dickerson and Trainor, and Vice Chair Weintraub and Commissioners Broussard and Lindenbaum issued Statements of Reasons.
COMPLAINANTS: Committee to Defeat the President; and Ted Harvey
RESPONDENT: Democratic Congressional Campaign Committee and Julie Merz, in her official capacity as treasurer (DCCC); and Elias Law Group (ELG)
SUBJECT: The complaint alleged that the DCCC made and Elias Group accepted disbursements from the DCCC's segregated account designated for election recounts and contests and other legal proceedings for impermissible purposes during the 2021-22 election cycle and misreported the purpose of the disbursements made to ELG.
DISPOSITION: The Commission dismissed the complaint.
COMPLAINANTS: Change for Arizona 2024 PAC; and Louis Avila
RESPONDENTS: Sinema for Arizona and Cynthia Leigh Applebaum, in her capacity as treasurer; Getting Stuff Done PAC and Cynthia Leigh Applebaum, in her capacity as treasurer; and Sinema Leadership Fund and Cynthia Leigh Applebaum, in her capacity as treasurer (collectively, the Sinema Committees); and Kyrsten Sinema
SUBJECT: The complaint alleged that Sinema and the Sinema Committees converted campaign funds to personal use and that the Sinema Committees misreported the expenditures at issue as campaign-related rather than for personal expenses. Sinema was a 2024 candidate for re-election to a U.S. Senate seat for Arizona until March 2024, when she ended her campaign.
DISPOSITION: The Commission dismissed the complaint.
COMPLAINANTS: Foundation for Accountability and Civic Trust; and Kendra Arnold
RESPONDENTS: Keith Gross for Florida and Jason D. Boles, in his official capacity as treasurer (the Committee); Keith Gross; and Advancing Florida, Inc. (Advancing Florida)
SUBJECT: The complaint alleged that Gross, a 2024 candidate for Florida's U.S. Senate seat, and the Committee used impermissible non-federal funds from Advancing Florida, Inc., a 501(c)(4) non-profit organization that Gross created three months before declaring his candidacy. The complaint alleged further that as a result of its campaign activities, Advancing Florida has qualified as a political committee, and that it failed to register and file disclosure reports as such. The complaint also alleged that Gross failed to file his Statement of Candidacy in a timely manner.
DISPOSITION: The Commission dismissed the complaint. Chairman Cooksey and Commissioners Dickerson and Trainor, and Vice Chair Weintraub and Commissioners Broussard and Lindenbaum issued Statements of Reasons.
COMPLAINANT: Caleb L. McGillvary
RESPONDENT: Robert Menendez; Menendez for Senate and John Palumbo, in his official capacity as treasurer; Theodore J. Romankow; Robert S. Ellenport; and Christine P. O'Hearn
SUBJECT: The complaint alleged that Menendez and the Menendez Committee engaged in a money laundering network and associated real estate bid-rigging and blackmail scheme. Specifically, the complaint alleged that Menendez "participated as a coconspirator in a money laundering network which financed his electoral campaigns," which "structured transactions to avoid the reporting requirements of the Act and Commission regulations. The complaint identified a series of contributions aggregating $11,200 and taking place over a span of 15 years as part of the alleged scheme.
DISPOSITION: The Commission exercised its prosecutorial discretion and dismissed the complaint.
Alternative Dispute Resolution
The Commission made public two closed cases, as follows. For more information, see the case documents in the Alternative Dispute Resolution Search System.
COMPLAINANT: FEC-Initiated
RESPONDENT: Warnock for Georgia and Christopher Koob, in 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 remedy excessive and prohibited 2020 special general and special general runoff contributions, totaling $69,919.24, within the permissible timeframes, and whether the Committee failed to remedy excessive and prohibited 2022 Primary, General, and General Runoff contributions, totaling $903,877.51, within the permissible timeframes.
DISPOSITION: The Committee agreed to 1) develop and certify the implementation and distribution of a policy document to be provided to the Committee's external compliance vendor detailing the Committee's procedures for identifying and remedying prohibited and excessive contributions to ensure timely and accurate reporting, 2) participate in an FEC training program, and 3) pay a civil penalty of $72,350.
COMPLAINANT: FEC-Initiated
RESPONDENT: Team Herschel, Inc. and Salvatore Purpura, in 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 remedy excessive and prohibited 2022 Primary, General, and Runoff Election contributions, totaling $37,477.70, within the permissible timeframes.
DISPOSITION: The Committee agreed to 1) certify the implementation and distribution of a policy document to be provided to the Committee's staff detailing procedures to ensure that receipts are timely reviewed for excessive and prohibited contributions, and 2) pay a civil penalty of $2,800.
Administrative Fines
The Commission made public one closed case, as follows. For more information, see the case documents in the Administrative Fine Search System.
AF 4691 Social Progress in Union with Economic Growth and Trina Estelle, in official capacity as treasurer. The Commission made a final determination and assessed a civil penalty of $5,258.
Regulations and agency procedures
REG 2024-01 (Candidate Security) - Draft Final Rule and Explanation and Justification On September 19, approved a Final Rule and Explanation and Justification amending its regulations regarding the use of campaign funds to pay for security measures for federal candidates, officeholders, and members of their family and staff. The Final Rule codifies several Commission advisory opinions that authorize the use of campaign funds to pay for certain security measures and addresses additional issues raised in those advisory opinions.
Draft Interpretive Rule Regarding 52 U.S.C. § 30124 (Artificial Intelligence in Campaign Ads) On September 19, the Commission approved an interpretive rule clarifying that the statutory provision at 52 U.S.C. § 30124 and 11 CFR 110.16 applies irrespective of the technology used to conduct fraudulent misrepresentation, including content generated with the assistance of artificial intelligence. Commissioners Lindenbaum and Broussard issued a Statement on the Interpretive Rule Regarding 52 U.S.C. § 30124.
REG 2023-02 (Artificial Intelligence in Campaign Ads) - Draft Notice of Disposition On September 19, the Commission approved a Notice of Disposition of a Petition for Rulemaking by Public Citizen, which was filed on July 13, 2023. The Petition asked the Commission to revise the existing fraudulent misrepresentation rule to make clear that the related statutory prohibition applies to deliberately deceptive campaign ads using artificial intelligence. After considering the Petition and the public comments received in response, the Commission is not initiating a rulemaking at this time. Chairman Cooksey issued a Statement on the Notification of Disposition.
Litigation
FEC v. Rivera (Case No. 22-11437) On September 18, the U.S. Court of Appeals for the Eleventh Circuit issued a Per Curiam Order denying the Petition for Rehearing En Banc and denying the Petition for Panel Rehearing.
Outreach
On September 17-19, Commissioner Broussard attended the II Congress of Electoral Technology 2024 in Panama City, Panama.
On September 19, Chairman Cooksey and Vice Chair Weintraub spoke at the annual conference of the Practising Law Institute in Washington, D.C.
On September 20, Commissioner Lindenbaum participated in a panel discussion at the 2024 Case Western Law Review Symposium in Cleveland, OH.
On September 20, Acting General Counsel Lisa Stevenson participated in a panel discussion at the annual conference of the Practising Law Institute in Washington, D.C.
Press releases
FEC approves two advisory opinions, Final Rule on candidate security, notice of disposition of rulemaking, and interpretive rule (issued September 19)
Employment opportunities
The Commission is accepting applications for the position of Associate General Counsel for Litigation through October 4, 2024.
The Commission is accepting applications for the position of Attorney-Adviser (Litigation) through October 15, 2024.
The Commission is accepting applications for the position of Auditor through October 18, 2024.
The Commission is accepting applications for the position of Associate General Counsel for Enforcement through November 12, 2024.
Upcoming Commission meetings and hearings
October 8, 2024: The Commission is scheduled to meet in executive session.
October 10, 2024: The Commission is scheduled to hold an open meeting.
Upcoming educational opportunities
September 25, 2024: The Commission is scheduled to host FECFile and reporting webinars for candidate committees.
October 9, 2024: The Commission is scheduled to host FECFile and reporting webinars for PACs and party committees.
For more information on upcoming training opportunities, see the Commission's Trainings page.
Upcoming reporting due dates
September 20: September Monthly Reports are due. For more information, see the 2024 Monthly Reporting schedule.
October 15: October Quarterly Reports are due. For more information, see the 2024 Quarterly Reporting schedule.
Additional research materials
Election Dates. The Commission has posted 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 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 X and YouTube
Follow @FEC on X 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.