FEC Issues Four Advisory Opinions

WASHINGTON – The Federal Election Commission today issued four advisory opinions. It held over two advisory opinion requests, consideration of proposed amendments to a Commission directive, and a vote on a proposed final audit report.

Advisory Opinion 2016-16 (Gary Johnson 2012) 

The Commission approved an advisory opinion in response to a request from Gary Johnson 2012 (the Committee), the primary campaign committee for Johnson, a publicly funded presidential candidate for the Libertarian Party. The Commission concluded that the Committee may use its cash on hand and may raise additional funds to fulfill obligations to the United States Treasury and to the Commission, consistent with the restrictions set forth in the Public Funding Act regulations. Specifically, the Committee may: (1) solicit and accept funds to pay its obligations from individuals who are currently allowed to contribute to candidates but who were prohibited sources (either federal contractors or foreign nationals) at the time of the 2012 election; (2) use cash on hand in its general election account to pay its obligations; and (3) raise funds outside the amount limitations of the Federal Election Campaign Act of 1971, as amended, to pay civil penalties but not to repay the U.S. Treasury. The Commission concluded further that payments by a third party to the U.S. Treasury or to the Commission are subject to the same source or amount limitations and the same reporting requirements as payments received by the Committee for those purposes.

Advisory Opinion 2016-17 (Libertarian Party of Michigan Executive Committee, Inc.), Advisory Opinion 2016-18 (Ohio Green Party), and Advisory Opinion 2016-19 (Libertarian Party of Colorado)

The Commission approved advisory opinions in response to requests from the Libertarian Party of Michigan Executive Committee, Ohio Green Party and Libertarian Party of Colorado (the Committees). The Commission concluded that the Committees qualify as state committees of national political parties.

Advisory Opinion 2016-20 (Mlinarchik) 

The Commission considered two drafts in response to a request from Christoph Mlinarchik, the sole member of a limited liability company that is a federal contractor, and held over a vote. The requestor asks whether, as the sole member of a limited liability company that is treated as a disregarded entity by the Internal Revenue Service for federal income tax purposes and that is negotiating a contract with the federal government, he may make contributions using his personal funds.

Advisory Opinion 2016-21 (Great America PAC) 

The Commission held over consideration of an advisory opinion request from Great America PAC, a non-connected hybrid political committee. The requestor asks several questions about the applicability of the former employee conduct standard of the Commission’s coordinated communications regulations.

Proposed Amendments to Directive 52

The Commission held over consideration of amendments to Directive 52, which governs the agency’s circulation vote procedures.

Proposed Final Audit Report on the Utah Republican Party

The Commission held over a vote on the Proposed Final Audit Report on the Utah Republican Party, covering campaign finance activity between January 1, 2011 and December 31, 2012.