FEDERAL ELECTION COMMISSION 

WASHINGTON, D.C. 20463 

STATEMENT OF REASONS OF COMMISSIONERS 

SHANA M. BROUSSARD AND ELLEN L. WEINTRAUB 

In this matter, the Commission rightly found reason to believe that Our American 

Century PAC and Cabell Hobbs in his official capacity as treasurer (“Our American Century”) 

violated section 30120(a) of the Federal Election Campaign Act, as amended (the “Act”)1 when 

it failed to include necessary disclaimers in advertisements that it disseminated.2 The law 

requires that the American people be informed of who is behind the political advertising that 

they see, and the negotiated conciliation agreement resolves the disclaimer violation. However, 

this agreement does not address the fact that the materials requiring the disclaimer had been 

created by Donald J. Trump’s presidential campaign committee and Our American Century 

republished those materials wholesale (to the point where they still contained the Trump 

Committee’s disclaimer).3 In so doing, Our American Century made an excessive and prohibited 

in-kind contribution to the Trump Committee by paying to air the Trump Committee’s 

advertisements. Unfortunately, the Commission lacked sufficient support to move forward on 

this flagrant violation.4

 

The law on republication is clear. The Act provides that the “financing by any person of 

the dissemination, distribution, or republication, in whole or in part, of any broadcast or any 

written, graphic, or other form of campaign materials prepared by the candidate, his campaign 

committee, or their authorized agents shall be considered to be an expenditure.”5

 In promulgating 

1 52 U.S.C. § 30101, et seq. 2 Certification (April 26, 2022). 3 See Our American Century, “As Per Your Request, Joe...,” (disseminated in Michigan Oct. 23, 2020 – Oct. 

30, 2020), Google Transparency Report, GOOGLE, https://adstransparency.google.com/advertiser/

AR15258670938871300097/creative/CR17938967613770039297?political=®ion=US . 4 Id. 5 Id. § 30116(a)(7)(B)(iii) (emphasis added); see also 11 C.F.R. § 109.23(a). For republication, the 

Commission has concluded that “campaign materials” include any material belonging to or emanating from a 

campaign. See, e.g., MUR 5672 (Save American Jobs) (video produced and used by candidate’s campaign 

subsequently hosted on association’s website). 

BEFORE THE FEDERAL ELECTION COMMISSION 

In the Matter of 

Our American Century PAC and 

 Cabell Hobbs in his official capacity as 

 treasurer 

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 ) 

 ) 

 ) 

 ) 

 ) 

 MUR 7867 

MUR786700089
MUR 7867 (Our American Century PAC, et al.) 

Statement of Reasons of Commissioners Broussard and Weintraub 

Page 2 of 2 

these regulations, the Commission made it clear that republication “is considered a contribution 

for the purposes of the contribution limitations and reporting responsibilities by the person 

making the expenditure.”6 Republication is an in-kind contribution by that person, even when 

there is no coordination.7 And independent expenditure-only committees (“IEOPCs,” commonly 

called super PACs) are prohibited from making contributions to federal candidates.8 

In this matter, within hours of Trump posting a link to a YouTube video containing a 

campaign advertisement, Our American Century purchased Google advertisements and 

republished in full the same video to the point that it contained the disclaimer “Paid for by 

Donald J. Trump for President, Inc.”9 Make no mistake, the Trump Committee paid to create an 

advertisement and Our American Century paid to air the Trump Committee’s message in 

multiple swing states in the 2020 election. That is republication, plain and simple, and it resulted 

in Our American Century making excessive and prohibited contributions to the Trump 

Committee. Without an investigation, we cannot know the precise amount of the violation, but it 

appears to have been between $5,000 and $250,000. It was good that the Commission was able 

to enforce the requirement that Our American Century needed to have included their own 

disclaimer when they purchased additional airtime for a Trump Committee advertisement. 

Unfortunately, the Commission did not have four votes to pursue the more egregious violations 

concerning republication and excessive, in-kind contributions. 

____________________ __________________________ 

Date Shana M. Broussard 

Commissioner 

____________________ __________________________ 

Date Ellen L. Weintraub 

Commissioner 

6 Explanation and Justification, Coordinated and Independent Expenditures, 68 Fed. Reg. 421, 441 (Jan. 3, 

2003) (“Coordination E&J”). 7 In the absence of coordination, the candidate who originally prepared the materials is not considered to 

have received or accepted the contribution. 11 C.F.R. § 109.23(a). 8 See 52 U.S.C. § 30116(a) (prohibition on excessive contributions); id. § 30118(a) (prohibition on corporate 

contributions); Advisory Op. 2017-10 (Citizens Against Plutocracy) at 2 (quoting Advisory Op. 2016-21 (Great 

America PAC) at 3-4 (citing Press Release, FEC Statement on Carey v. FEC Reporting Guidance for Political 

Committees that Maintain a Non-Contribution Account (Oct. 5, 2011)); see also Advisory Op. at 2010-11 

(Commonsense Ten) at 2-3. 

9 First General Counsel’s Report at 5 (Our American Century PAC, et al.). 

September 16, 2022

September 16, 2022

MUR786700090