FEDERAL ELECTION COMMISSION

WASHINGTON, D.C. 20463

STATEMENT OF REASONS OF COMMISSIONER ELLEN L. WEINTRAUB

In this matter, the Tennessee Democratic Party, a state committee of the Democratic Party,

violated the Federal Election Campaign Act of 1971 (the “Act”), as amended, and Commission 

regulations by misreporting over three million dollars in activity. Specifically, the Committee failed

to report total receipts and disbursements, itemize receipts received from joint fundraising transfers, 

and maintain monthly payroll logs.1I have written multiple statements about my concerns about the 

2016 joint fundraising committees.2 Unfortunately, a number of the state party committees involved 

made significant reporting errors.3

I did not approve the conciliation agreement in this case because these extensive violations 

merited a higher penalty. The negotiated agreement requires the Tennessee Democratic Party to pay 

a civil penalty of $103,000 for the $3,677,981 in misreported activity.

4 Civil penalties are based on 

the type of and amount in violation.5 Even taking into account the compliance measures undertaken 

by the committee and the educational requirement agreed to by the Committee, the penalty in this 

matter deviates from and is below what the Commission would normally seek or accept.

For these reasons, I did not support the proposed pre-probable cause conciliation agreement

with an inappropriately low penalty.

6 Fair, proportionate, and consistent penalties are a hallmark of 

a credible enforcement program that supports the Commission’s commitment to public disclosure. 

1 See generally TDP Agreement ¶ IV.

2 Statement of Reasons of Comm’r Ellen L. Weintraub, MURs 7556 & 7601 (Kansas Democratic Party), Statement of 

Reasons, MUR 7556 (fec.gov); MURs 7304 & 7331 (Hillary Victory Fund, et. al.), MUR 7339 (Trump Victory, et. al.), 

https://eqs.fec.gov/eqsdocsMUR/7304_1.pdf.

3 See, e.g., Settlement Agreement in ADR 912 (North Dakota Republican Party), dated July 1, 2020; Settlement 

Agreement in ADR 913 (Mississippi Democratic Party), dated Sept. 6, 2019.

4 TDP Agreement ¶ IV, VI. There is $1,277,400 in activity that violated two separate provisions of the law that is only 

counted once in this final amount in violation. Additionally, I supported a reason to believe finding that TDP failed to 

report $166,450 in excessive contributions. That finding did not ultimately garner four votes. See Certification in MUR 

7877, dated February 10, 2021.

5 See 52 U.S.C. § 30109(a)(5)-(6).

6 See Certification in MUR 7877, dated July 27, 2021. Chair Broussard, Vice Chair Dickerson, and Commissioners 

Cooksey and Trainor approved the pre-probable cause conciliation agreement. Commissioner Walther and I dissented.

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of

Tennessee Democratic Party and Carol V. 

Abney in her official capacity as treasurer 

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 MUR 7877

 

 

MUR787700071
MUR 7877 (Tennessee Democratic Party)

Statement of Commissioner Ellen L. Weintraub

Page 2 of 2

Inconsistent and inappropriately low penalties such as the one in this matter amount to little more 

than the cost of doing business.

 August 27, 2021 __________________________

Date Ellen L. Weintraub

 Commissioner

MUR787700072