BEFORE THE FEDERAL ELECTION COMMISSION 

In the Matter of ) 

Mike Braun for Indiana and Thomas 

Datwyler in his official capacity as 

treasurer 

) 

) 

) 

) 

AUDIT REFERRAL 22-02 

AMENDED CERTIFICATION 

I, Vicktoria J. Allen, recording secretary of the Federal Election Commission executive 

session, do hereby certify that on January 24, 2023, the Commission took the following actions 

in the above-captioned matter: 

1. Failed by a vote of 3-3 to:

a. Open a MUR.

b. Find reason to believe that Mike Braun for Indiana and Thomas

Datwyler in his official capacity as treasurer failed to accurately report

receipts and disbursements in violation of 52 U.S.C. § 30104(b)(2) and

(4) and 11 C.F.R. § 104.3(a) and (b).

c. Find reason to believe that Mike Braun for Indiana and Thomas

Datwyler in his official capacity as treasurer failed to properly disclose

loans in violation of 52 U.S.C. § 30104(b)(8) and 11 C.F.R.

§ 104.3(d)(4).

d. Approve the Factual and Legal Analysis, as recommended in the First

General Counsel’s Report dated December 21, 2022.

e. Authorize pre-probable cause conciliation with Mike Braun for

Indiana and Thomas Datwyler in his official capacity as treasurer.

f. Approve the proposed conciliation agreement, as recommended in the

First General Counsel’s Report dated December 21, 2022.

g. Approve the appropriate letters.

Commissioners Broussard, Lindenbaum, and Weintraub voted affirmatively for the 

motion. Commissioners Cooksey, Dickerson, and Trainor dissented. 

MUR810700079
Federal Election Commission Page 2 

Certification for Audit Referral 22-02 

January 24, 2023 

2. Failed by a vote of 3-3 to:

Dismiss as an exercise of prosecutorial discretion allegations that Mike 

Braun for Indiana and Thomas Datwyler in his official capacity as 

treasurer failed to accurately report receipts and disbursements in 

violation of 52 U.S.C. § 30104(b)(2) and (4) and 11 C.F.R. § 104.3(a) 

and (b). 

Commissioners Cooksey, Dickerson, and Trainor voted affirmatively for the motion. 

Commissioners Broussard, Lindenbaum, and Weintraub dissented. 

3. Decided by a vote of 6-0 to:

a. Open a MUR. MUR 8107

b. Find reason to believe that Mike Braun for Indiana and Thomas

Datwyler in his official capacity as treasurer failed to properly disclose

loans in violation of 52 U.S.C. § 30104(b)(8) and 11 C.F.R.

§ 104.3(d)(4).

c. Approve the Factual and Legal Analysis, as recommended in the First

General Counsel’s Report dated December 21, 2022, and further direct

the Office of General Counsel to make conforming edits to reflect the

Commission’s findings.

d. Authorize pre-probable cause conciliation with Mike Braun for Indiana 

and Thomas Datwyler in his official capacity as treasurer.

e. Approve the proposed conciliation agreement, as recommended in the

First General Counsel’s Report dated December 21, 2022, and further

direct the Office of General Counsel to make conforming edits to

reflect the Commission’s findings.

f. Approve the appropriate letters.

Commissioners Broussard, Cooksey, Dickerson, Lindenbaum, Trainor, and Weintraub 

voted affirmatively for the decision. 

MUR810700080
Federal Election Commission Page 3 

Certification for Audit Referral 22-02 

January 24, 2023 

 Attest: 

 January 31, 2023 

 

Date Vicktoria J. Allen 

 Acting Deputy Secretary of the 

Commission 

Vicktoria J Allen Digitally signed by Vicktoria J 

Allen 

Date: 2023.01.31 13:41:03 -05'00'

MUR810700081