FEC approves three advisory opinions

WASHINGTON – At its first open meeting of the year on Thursday, Federal Election Commission Chairman Sean J. Cooksey delivered opening remarks and the Commission approved two advisory opinions. The Commission issued a third advisory opinion prior to the meeting.

Advisory Opinion 2023-09 (Senator Catherine Cortez Masto) The Commission approved an advisory opinion in response to a request from Senator Catherine Cortez Masto regarding a proposal to establish a nonfederal committee that would be active exclusively in connection with nonfederal elections. The Commission concluded that the requestor may establish the nonfederal committee as proposed and that it would not share a contribution limit with her federal leadership PAC. The Commission received a comment from the requestor on the two draft advisory opinions. During the discussion, the Commission heard from counsel for the requestor. Chairman Cooksey issued a Concurring Statement, and Commissioners Allen J. Dickerson and James E. “Trey” Trainor, III issued a Statement.

Advisory Opinion 2023-10 (Sony Pictures Television) The Commission approved an advisory opinion in response to a request from Sony Pictures Television Inc. The Commission concluded that the requestor’s production and distribution of The Good Doctor, a fictional entertainment program that includes Hill Harper, a candidate for Michigan’s U.S. Senate seat, in its cast is exempt from regulation under the media exemption of the Federal Election Campaign Act of 1971, as amended, because Sony is not owned or controlled by a political party, political committee, or candidate and it is acting in its legitimate press function. During the discussion, the Commission heard from counsel for the requestor. Chairman Cooksey issued a Concurring Statement.

Advisory Opinion 2023-12 (Democratic Party of the Northern Mariana Islands) On January 5, the Commission approved by tally vote an advisory opinion in response to a request from the Democratic Party of the Northern Mariana Islands. The Commission concluded that the Party qualifies as a state committee of a political party. A state party organization affiliated with a national political party qualifies as a state committee of a political party if three criteria are met: (1) the national organization with which the state party organization is affiliated must itself qualify as a political party; (2) the state party organization must be part of the official structure of the national party; and (3) the state party organization must be responsible for the day-to-day operation of the national party at the state level.