FEC approves two advisory opinions, a Notice of Disposition of a rulemaking and certification of matching funds payments to two presidential candidates

WASHINGTON - At its open meeting today, the Federal Election Commission approved two advisory opinions, a Notice of Disposition of a rulemaking, and certification of presidential matching fund payments to two candidates. The Commission also considered but did not approve a third advisory opinion.

Advisory Opinion 2024-06 (American Target Advertising and The Conservative Caucus) The Commission discussed and voted on a draft advisory opinion regarding whether and how to report as an independent expenditure a package of materials distributed via mass mailings that contain letters of express advocacy and a check of nominal value payable to the individual recipient of the mailing but that recipients rarely deposit. The Commission was unable to garner the four votes necessary to issue an advisory opinion. During the discussion, the Commission heard from the requestors. The Commission received three comments on the draft advisory opinions.

Advisory Opinion 2024-07 (Team Graham, Inc.) The Commission approved an advisory opinion in response to a request from Team Graham, Inc. (Team Graham), the principal campaign committee of Senator Lindsey Graham, regarding its proposed participation in a joint fundraising committee with Graham's leadership PAC, Fund for America's Future, the National Republican Senatorial Committee and an independent expenditure-only political committee (Super PAC), Security is Strength PAC. The Commission concluded that Team Graham may participate in the joint fundraising committee as proposed because (1) neither Team Graham nor any other entity established, financed, maintained, or controlled by Senator Graham or acting on behalf of Senator Graham would solicit, receive, direct, transfer, or spend funds that do not comply with the Act's contribution limits, source prohibitions, and reporting requirements, and (2) Senator Graham, Team Graham, and their agents represented that they would not engage in coordinated communications with the Super PAC. The Commission received three comments on the request and three comments on the drafts.

Advisory Opinion 2024-11 (Caroline Gleich) The Commission approved an advisory opinion in response to a request from Caroline Gleich. The Commission concluded that it is permissible that (1) the requestor receives compensation from her campaign committee during the 20-day period after she ceases to become a candidate for work performed during her candidacy and (2) the requestor's proposed appearances in certain paid advertisements would not be coordinated communications if, when published, they fall under the commercial transactions safe harbor. During the discussion, the Commission heard from Counsel for the requestor. The Commission received two comments on the request and two comments on the draft advisory opinion.

REG 2019-03 (Mailing Lists) - Draft Notice of Disposition The Commission approved a Notice of Disposition of a Petition for Rulemaking by Campaign Legal Center, which was filed on June 28, 2019. The Petition asked the Commission to revise existing reporting rules to state that mailing lists received or disbursed as part of an equal-value exchange must be reported. The Commission is not initiating a rulemaking at this time.

REG 2023-02 (Artificial Intelligence in Campaign Ads) - Draft Notice of Disposition The Commission held over discussion of the draft Notice of Disposition of a Petition for Rulemaking by Public Citizen, which was filed on July 13, 2023. The Petition asks the Commission to revise existing rules on the fraudulent misrepresentation of campaign authority to make clear that the related statutory prohibition applies to deliberately deceptive campaign ads using artificial intelligence.

Certification for Payment of Presidential Primary Matching Funds (Mike Pence For President)

The Commission voted to certify to the Secretary of Treasury a payment from the Presidential Election Campaign Fund to Mike Pence, formerly a candidate for the Republican presidential nomination, and his committee, Mike Pence for President. At the table, the Commission determined that some additional contributions were matchable and therefore added them to the Audit Division's originally proposed payment of $272,995.90.

Certification for Payment of Presidential Primary Matching Funds (Jill Stein For President 2024) The Commission voted to certify to the Secretary of Treasury a payment of from the Presidential Election Campaign Fund to Green Party candidate Jill Stein and her principal campaign committee, Jill Stein for President 2024. At the table, the Commission determined that some additional contributions were matchable and therefore added them to the Audit Division's originally proposed payment of $276,906.55.

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