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FEDERAL ELECTION COMMISSION

WASHINGTON, D.C. 20463

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )

) MUR 7139

Maryland USA and Joel Ritter in his )

official capacity as treasurer; Mark )

Epstein; Amie Hoeber; Amie Hoeber for )

Congress and Chris Marston in his )

official capacity as treasurer )

)

STATEMENT OF REASONS OF CHAIRMAN ALLEN DICKERSON AND 

COMMISSIONERS SEAN J. COOKSEY AND JAMES E. “TREY” TRAINOR, III

The Complaint in this matter alleges that Maryland USA—an independent expenditureonly political committee (“IEOPC”)—made prohibited in-kind contributions to Amie Hoeber for 

Congress (the “Committee”) both by coordinating communications with the Committee and by 

independently republishing Committee campaign materials, in violation of the Federal Election 

Campaign Act of 1971, as amended.

1 We voted against finding reason to believe that any violation 

occurred, and after waiting a year for colleagues to join us, the Commission voted to close the 

file.2 This statement explains the reasons for our votes on the merits.3

First, the allegation that Maryland USA coordinated its communications with the 

Committee was entirely speculative and failed to establish any coordinating conduct. The 

Complaint based its coordination charge on the fact that Amie Hoeber’s husband, Mark Epstein—

who briefly served in an administrative role in the early stages of his wife’s campaign—later made 

sizeable contributions to Maryland USA.

4 Yet merely making a contribution to a committee is 

insufficient to support an inference that the contributor had material involvement with, or 

1 Complaint at 6–8 (Sept. 21, 2016), MUR 7139 (Maryland USA, et al.); 52 U.S.C. § 30116(a).

2 Certification (Jan. 28, 2021), MUR 7139 (Maryland USA, et al.); Certification (Jan. 11, 2022), MUR 7139 

(Maryland USA, et al.).

3 See Dem. Cong. Campaign Comm. v. FEC, 831 F.2d 1131, 1135 (D.C. Cir. 1987) (establishing requirement 

that “[t]he Commission or the individual Commissioners” must provide a statement of reasons why the agency 

“rejected or failed to follow the General Counsel’s recommendation”).

4 First General Counsel’s Report at 1–3 (Sept. 24, 2019), MUR 7139 (Maryland USA, et al.). In the early 

stages of Hoeber’s campaign, Epstein served as the Committee’s Assistant Treasurer and Custodian of Records, 

though he resigned shortly after Hoeber announced her candidacy. Approximately one week after resigning, Epstein 

made the first of several substantial contributions to Maryland USA. Id.
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substantial discussions about, the committee’s communications.5 Likewise, we agreed with the 

Office of General Counsel that there was not sufficient evidence to demonstrate coordination 

through common vendors between Maryland USA and the Committee.6 As a result, there was no 

reason to believe that the Committee coordinated with Maryland USA on the IEOPC’s

communications.

The Complaint further claims that Maryland USA impermissibly used snippets from the 

Committee’s candidate announcement video in its own independent expenditures and thus made 

an in-kind contribution by republishing campaign materials under 11 C.F.R. § 109.23(a).7 These 

expenditures are indistinguishable, however, from those the Commission has considered in prior 

matters, where clips of candidate B-roll footage “are incorporated into a communication in which 

[the committee] adds its own text, graphics, audio, and narration to create its own message.”8 The

Commission has failed to find that those kinds communications violate the regulation, and the 

controlling Commissioners’ reasoning in those matters applies with equal force here, so we voted 

against finding reason to believe on that allegation. That conclusion is only made stronger by the 

serious legal infirmities in the regulation itself.9

Finally, while not true when the Commission initially considered these allegations, it is 

noteworthy that the applicable statute of limitations for this Complaint has lapsed.10 That too is a 

reason to dismiss. For the reasons described above, therefore, we voted to find no reason to believe 

a violation occurred in this matter.11

__________________________________ February 14, 2022

Allen Dickerson Date

Chairman

5 11 C.F.R. § 109.21(d); cf. Factual & Legal Analysis at 8 (Dec. 2, 2015), MUR 8921 (Shaheen for Senate, et 

al.) (noting that mere temporal proximity of activities does not satisfy the conduct prong). 

6 First General Counsel’s Report at 19–20 (Sept. 24, 2019), MUR 7139 (Maryland USA, et al.).

7 Complaint at 8 (Sept. 21, 2016), MUR 7139 (Maryland USA, et al.).

8 Statement of Reasons of Chair Hunter and Commissioners McGahn and Petersen (Feb. 22, 2012), MUR 6357 

(American Crossroads); Statement of Reasons of Vice Chair Petersen and Commissioners Hunter and Goodman (Dec. 

17, 2015), MURs 6603, 6777, 6801, 6870 & 6902 (Ben Chandler for Congress, et al.).

9 See Interpretive Statement of Commissioner Sean J. Cooksey (Nov. 30, 2021), available at 

https://www.fec.gov/resources/cms-content/documents/2021-11-30_Interpretive_Statement_of_Cmsr_Cooksey.pdf 

(explaining the legal weaknesses of the Commission’s republication regulation at 11 C.F.R. § 109.23(a)). 

10 First General Counsel’s Report at 1 (Sept. 24, 2019), MUR 7139 (Maryland USA, et al.) (noting the lapse of 

the statute of limitation on April 1, 2021). 

11 Certification (Jan. 28, 2021), MUR 7139 (Maryland USA, et al.).
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_________________________________ February 14, 2022

Sean J. Cooksey Date

Commissioner

_________________________________ February 14, 2022

James E. “Trey” Trainor, III Date

Commissioner