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January 25, 2024 

VIA E-MAIL Phone: (949) 441-5352 

Lisa J. Stevenson 

Federal Election Commission

Office of General Counsel

1050 First Street, NE 

Washington, DC 20002 

Email: ao@fec.gov 

Re: Request for Advisory Opinion on behalf of Congresswoman Maxine Waters and Citizens 

for Waters

Dear Ms. Stevenson: 

Through the undersigned counsel, Congresswoman Maxine Waters and Citizens for Waters 

(“Requestors”) seeks an advisory opinion pursuant to 52 U.S.C. § 30108 from the Federal 

Election Commission (“Commission”) regarding the application of the Federal Election 

Campaign Act of 1971, as amended (the “Act”), for the design, print and mailing of brochures 

featuring Congresswoman Waters with her endorsements of federal and non-federal candidates 

and her positions of support for or opposition of ballot measures to be voted on the upcoming 

California March 5, 2024 primary election ballot. We respectfully requested expedited 

consideration under 52 U.S.C. § 30108(a)(2) since this request is being submitted by a candidate 

and the authorized committee of that candidate within 60 days of an election involving the 

requestors. 

Factual Background 

Congresswoman Maxine Waters represents California’s 43rd District in the United States House 

of Representatives and has a principal campaign committee, Citizens for Waters (“CFW”), FEC 

ID#C00167585. 

Congresswoman Waters intends to design, publish and mail brochures featuring her 

endorsements of federal and non-federal candidates together with her positions of support for or 

opposition of ballot measures to be voted on the upcoming March 5, 2024 primary ballot which 

will be paid for by CFW. The Commission previously issued advice letter AO 2004-37 

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Lisa J. Stevenson, Federal Elections Commission

January 25, 2024 

Page 2 

regarding the appearance of federal candidates on Congresswoman Waters’ brochures produced 

by her principal campaign committee.1 

The brochures CFW intends to produce for the March 5, 2024 California primary will include the 

same design layout described in AOR 2004-37 with the Congresswoman Waters’ personal 

comments and opinions of federal and non-federal candidates. In addition to her endorsements 

of candidates, the brochure will include Congresswoman Waters’ positions of support of or 

opposition to ballot measures. The space consumed and prominence of the federal and nonfederal candidates and ballot measures on the brochure will be determined by the candidate or 

ballot measure’s prominence on the election ballot. 

CFW will receive reimbursements from all candidates and ballot measures to be included in the 

brochure for each candidate or ballot measure’s pro-rata share of the costs to design, publish and 

mail the brochure.2 Congresswoman Waters will not establish, finance, maintain or control any 

of the non-federal committees reimbursing CFW. CFW will receive reimbursements from the 

following sources to reimburse CFW: 

1. Non-federal candidates will reimburse CFW using the candidates’ own personal funds or 

their non-federal candidate committees; 

2. State Independent expenditure only political committees (“State IEOPC”) supporting or 

opposing a non-federal candidate; and

3. Ballot measure committees (“BMC”) supporting or opposing a ballot measure. 

As described in AO 2004-37, reimbursements to appear on the brochure shall be determined by 

pro-rating the total costs of designing and distributing the brochure to the non-federal candidate 

or committee using the same “time and space method” to determine the pro-rata costs for federal 

candidates as required by 11 CFR §106.1. 

Since the brochure is produced by CFW, only federal funds will be used to pay for the design, 

production and mailing of the brochures. Reimbursements from the above-listed sources to 

appear in the brochure must be made from federally permissible funds3 and CFW will not accept 

reimbursements that exceed any non-federal candidate or committee’s pro-rata share of the costs. 

CFW will submit invoices to all non-federal candidates and committees which specifically state 

that Congresswoman Waters and CFW is only soliciting and accepting funds from federally 

permissible funds. Reimbursements received from non-federal candidates and committees must 

submit signed invoices attesting that their payment is from federally permissible funds when 

payment is received.

1 AO 2004-37 excluded advice regarding non-federal committees at that time. 2 Pursuant to AO 2004-37, federal candidates reimburse CFW for their pro-rata share using the “time and space” 

valuation method provided in 11 CFR 106.1 within a reasonable period of time.

3 Federally permissible funds mean funds that do not exceed the applicable contribution limitations of the Act and 

from sources that would not be prohibited under the Act from contributing directly to Congresswoman Waters.

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Lisa J. Stevenson, Federal Elections Commission

January 25, 2024 

Page 3 

Question Presented

The Commission has already provided AO 2004-37 relating to federal candidates featured on 

Congresswoman Water’s brochure. This request specifically seeks advice regarding 

reimbursements from non-federal candidates and their committees, State IEOPCs and BMCs to 

appear on the brochures produced by CFW. 

Can CFW receive reimbursements from individuals, non-federal candidate committees, State 

IEOPCs and BMCs to appear in the brochure using federally permissible funds? 

We appreciate the Commission’s consideration of this request. 

Very Truly Yours, 

Leilani R. Beaver

Counsel for Citizens for Waters

cc: Congresswoman Maxine Waters

 David Gould 

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