FEC open meeting, March 27, 2025

Good morning.

This open meeting of the Federal Election Commission for Thursday, March 27th, 2025 will come to order.

Um before we begin this morning, we have uh uh a special motion.

Commissioner Brusa.

Thank you, Mr. acting um Thank you, acting Mr. Chairman.

We're going to go by that one.

Sorry about that.

Um

I I move to spend to suspend the rules on the timely submission of agenda documents in order that the commission may consider the late submission of agenda document number 2504 B.

Thank you, Commissioner Brusa.

Uh Commissioners, you've heard the motion.

Is there any discussion of the motion?

All those in favor say I.

I.

I.

None opposed.

Uh the motion carries unanimously.

Uh we have a pretty light agenda this morning.

Um a few advisory opinions and then uh election of officers.

So uh we will get begin with uh draft advisory opinion 2025-03, American Samoa Democratic Party.

Um and I will recognize uh council.

Thank you, Mr. acting chairman.

Good morning, commissioners.

Agenda document 2525 A is a draft response to an advisory opinion request from the American Samoa Democratic Party.

The requester asks whether it qualifies as a state committee of a political party.

The draft concludes that it does qualify as a state committee of a political party within the meaning of the act and commission regulations because the Democratic Party is a political party, the requester is part of the Democratic Party's official party structure,

and the requester is responsible for the day-to-day operation of the Democratic Party at the state level.

The commission received no comments on the request and no comments on the draft.

Uh thank you, and we're available to answer any questions you may have.

Thank you, Ms. Brusa.

Uh Commissioners, any questions?

Any motions?

Commissioner Brusa.

Thank you.

In advisory opinion 2025-03, American Samoa Democratic Party, I move approval of agenda document number 2505 A, draft A.

Thank you, Commissioner Brusa.

Uh you've heard the motion, Commissioners.

Any discussion?

There being none, all in favor of the motion say I.

I.

None opposed.

The motion carries unanimously.

Thank you.

Uh up next is draft advisory opinion 2025-02, the Democratic Party of Puerto Rico.

And

Mr. Lipczinski.

Thank you, acting Mr. Chairman.

Good morning, commissioners.

Agenda document 2503 A is a draft response to an advisory opinion request submitted by the Democratic Party of Puerto Rico.

Requester asks whether it qualifies as a state committee of a political party within the meaning of the act and commission regulations.

The draft concludes that under the facts presented in the request, the requester does qualify as a state committee of a political party within the meaning of the act and commission regulations because the Democratic Party is a political party,

the requester is part of the Democratic Party's official party structure, and the requester is responsible for the day-to-day operations of the Democratic Party in Puerto Rico.

We received no comments on the request and no comments on the draft.

I'm happy to answer any questions you may have.

Thank you, Mr. Lipczinski.

Commissioners, any questions or comments?

There being none, any motions?

Commissioner Brusa.

Thank you.

In advisory opinion 2025-02, Democratic Party of Puerto Rico, I move approval of agenda document number 2503 A, draft A.

Thank you, Commissioner Brusa.

Commissioners, any discussion?

There being none, all in favor of the motion say I.

I.

I.

There being none opposed, the motion carries unanimously.

Thank you, Mr. Lipczinski.

Up next is draft advisory opinion 2025-04, Government Accountability Institute.

And Mr. Weizmann.

Thank you, Mr. acting chair.

Good morning, commissioners.

Agenda documents 254 A and 254 B are draft responses to an advisory opinion request submitted by Government Accountability Institute, a 501(c)3 organization that conducts investigative journalism and broadcasts its findings on television and radio and publishes books,

articles, editorials, documentaries, podcasts, video shorts, and commentary on websites, social media accounts, and other news outlets.

The requester asks whether these activities fall within the media exemption from the definition of contribution or expenditure in electioneering communication under the act and commission regulations.

Both drafts conclude that the requester's activities do fall within the media exemption, but they differ in their approach to reaching this conclusion.

We received no comments on the request and no comments on the drafts.

I'm happy to answer any questions you may have.

Thank you, Mr. Weizmann.

Uh Commissioners, any questions or comments?

Any motions?

Commissioner Brusa.

Uh thank you.

Um I am going to move for draft A uh in advisory opinion 2025-04, Government Accountability Institute.

I move approval of agenda document number 2504 A, draft A.

Commissioners, you've heard the motion with regard to draft A.

Is there any uh comment?

Commissioner Dickerson.

Thank you, Mr. Chairman.

Um I I won't be able to support the motion.

It's it's a long-standing kind of uh I think good faith disagreement.

Uh some of our view is that the um the government's probing of the legitimacy of a press function is an unconstitutional mission.

I understand where that comes from, um and I understand there's some precedent inside the building for that.

I don't think it would survive very long in under appellate review.

Accordingly, um I intend to support draft B, which excises that um analysis, though it reaches the same result.

But I didn't want to be misunderstood in terms of the basis for my vote.

Thank you, Commissioner Dickerson.

Any any other comments, Commissioners?

I will call the question.

You've heard Commissioner Brusa's uh motion with regard to the adoption of 25-04-A.

All those in favor say I.

I.

All those opposed, no.

No.

Uh that motion fails with uh Commissioner Brusa and Commissioner Lindembaum uh in favor and Commissioner Dickerson and myself opposed.

Any further motions?

Commissioner Dickerson.

Thank you.

Um in draft advisory opinion 2025-04, I move the adoption of agenda document number 25-04 Bravo, which is draft B.

Commissioner uh Lindembaum.

Thank you.

Um I supported draft A.

Um I think that uh the reasoning made sense.

Um I may be able to come around to the analysis in draft B and you know how it has streamlined some of the issues, but um it's not something I'm willing to do um without really thinking it through and making sure that I'm seeing around all the different angles.

Um especially since it is something that um has been that the analysis used is very much the long-standing analysis um I'm sorry.

The analysis in draft A is very much the long-standing analysis that we have used.

So again, I'm not willing to kind of change our precedent without really making sure I'm thinking around um all the edges.

That said, I'm glad that we have an agreement on the outcome of this.

So hopefully we can then you know move for a um consensus draft.

All right.

Thank you, Commissioner Lindembaum.

Any other comments?

Okay, Commissioners, you've heard the motion of Commissioner Dickerson for the adoption of uh 2504-B.

All those in favor say I.

I.

I.

All those opposed, no.

No.

The motion fails with uh Commissioner Dickerson and myself voting in favor, Commissioner Brusa and Commissioner Lindembaum uh opposed.

Mr. Chairman.

Commissioner Dickerson.

Thank you.

A question to council.

Uh how much time do we have on the clock for this AOR?

The deadline is April 20th, so we've got some time.

Mr. Chairman.

Commissioner Dickerson.

Um I won't be able to support the motion.

It's it's a long-standing kind of uh I think good faith disagreement.

Uh some of our view is that the um the government's probing of the legitimacy of a press function is an unconstitutional mission.

I understand where that comes from, um and I understand there's some precedent inside the building for that.

I don't think it would survive very long in under appellate review.

Accordingly, um I intend to support draft B, which excises that um analysis, though it reaches the same result.

But I didn't want to be misunderstood in terms of the basis for my vote.

Thank you, Commissioner Dickerson.

Any any other comments, Commissioners?

I will call the question.

You've heard Commissioner Brusa's uh motion with regard to the adoption of 25-04-A.

All those in favor say I.

I.

All those opposed, no.

No.

I will recognize the the request to hold this over to the uh next open meeting.

Thank you.

Uh

Mr. staff director, are there any management and administrative matters that need our attention?

Mr.

Acting Chairman, there are no such matters.

Great.

Thank you.

Uh then that concludes this open meeting of the Federal Election Commission, and we stand adjourned.