FEC approves advisory opinion, procedure concerning litigation

WASHINGTON – At its open meeting today, the Federal Election Commission approved an advisory opinion and an agency procedure regarding litigation brought against the Commission regarding complaints.

Advisory Opinion 2023-04 (Guy for Congress) The Commission approved Advisory Opinion 2023-04 in response to a request from Guy for Congress, the principal campaign committee of Congressman Guy Reschenthaler, regarding a proposal to use campaign funds to pay for the purchase and installation of a special security film on the windows of his home. The Commission concluded that the proposed use of campaign funds to protect the Congressman’s home and occupants against threats arising from the Congressman’s duties as a federal officeholder is a permissible use of campaign funds under the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations.

Proposed Agency Procedure Regarding Litigation Brought Pursuant to 52 U.S.C. § 30109(a)(8) The Commission approved, with a delayed implementation of 30 days, an agency procedure regarding litigation under a provision of the Act that provides a cause for action for “any party aggrieved by an order of the Commission dismissing a complaint filed by such party… or by a failure of the Commission to act on such complaint.” The procedure provides that in any case where the Commission does not agree, by four or more affirmative votes, to defend an action brought under 52 U.S.C. § 30109(a)(8) alleging a failure of the Commission to act, or where the lack of a quorum prevents Commission action, the Office of General Counsel will 1) apprise the court that the Commission has not voted to defend the action, 2) inform the U.S. Assistant Attorney General for the Civil Division that the Commission has not voted to defend the action, and 3) file, under seal, a copy of each vote certification, subject to appropriate redactions, concerning the underlying administrative complaint giving rise to the lawsuit at issue. The Commission received two comments on the proposal.

Audit Division Recommendation Memorandum on Steve Daines for Montana The Commission held over consideration of this item.

Proposed Directive Regarding Congressional Referrals. The Commission held over consideration of this item.