FEDERAL ELECTION COMMISSION

Washington, D.C. 20463

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of

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

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MUR 7139

STATEMENT OF REASONS OF 

COMMISSIONERS SHANA M. BROUSSARD AND ELLEN L. WEINTRAUB

This matter concerns allegations that Maryland USA, an independent-expenditure-only 

committee (“IEOPC”), republished campaign materials from, and coordinated with, Amie 

Hoeber for Congress (the “Hoeber Committee”), the principal campaign committee for Amie

Hoeber’s 2016 congressional campaign, in violation of the Federal Election Campaign Act of 

1971, as amended (the “Act”). We voted to approve the Office of General Counsel’s 

recommendations to find reason to believe that the Respondents violated the Act and 

Commission regulations in connection with the republication of campaign materials and the 

making of coordinated communications.1 We generally agree with the analysis set out in the 

First General Counsel’s Report.2 However, we write separately to make clear that Maryland 

USA’s republication of the Hoeber Committee’s campaign materials constitutes republication, 

and, thus, an impermissible contribution from Maryland USA, even in the absence of 

coordination with the Hoeber Committee.

1 Certification, MUR 7139 (Maryland USA, et al.) (Jan. 28, 2021).

2 First Gen. Counsel’s Rep., MUR 7139.
MUR 7139 (Maryland USA, et al.)

Statement of Reasons

Page 2 of 8

I. Factual Background3

Maryland USA registered with the Commission on July 22, 2015, one week before the 

Hoeber Committee.4 Amie Hoeber (“Hoeber”) was the only candidate that Maryland USA 

supported during the 2016 election cycle.5 Mark Epstein, Amie Hoeber’s husband, was the 

Hoeber Committee’s Assistant Treasurer and Custodian of Records until October 26, 2015;6

subsequently he was Maryland USA’s primary source of funds.7

On October 15, 2015, the Hoeber Committee released an online video announcing 

Hoeber’s candidacy (the “Announcement Video”).8 The three-minute-and-nine-second 

Announcement Video features Hoeber speaking into the camera while standing in front of a 

building.9 Subsequently, Maryland USA created three videos using footage from the 

Announcement Video: 10

3 For a complete recitation of the facts, see First Gen. Counsel’s Rep., MUR 7139.

4 FEC Form 1, Statement of Organization, Maryland USA (July 22, 2015); see FEC Form 1, Statement of 

Organization, Amie Hoeber for Congress (July 29, 2015).

5 See 2015 Year-End Report, Maryland USA (Jan. 28, 2016); Amended Pre-Primary Report, Maryland USA 

(Aug. 22, 2016); July Quarterly Report, Maryland USA (July 14, 2016); October Quarterly Report, Maryland USA 

(Oct. 13, 2016); Pre-General Report, Maryland USA (Oct. 27, 2016); Post-General Report, Maryland USA (Dec. 6, 

2016); 2016 Year-End Report, Maryland USA (Jan. 26, 2017).

6 FEC Form 1, Statement of Organization, Amie Hoeber for Congress (July 29, 2015); FEC Form 1, 

Amended Statement of Organization, Amie Hoeber for Congress (Oct. 19, 2015); Compl. at 3.

7 See supra note 5. 

8 Compl. at 4.

9 Id.

10 Id. at 4-5.
MUR 7139 (Maryland USA, et al.)

Statement of Reasons

Page 3 of 8

• Declaration 30 HD 2 is a 30-second video, 18 seconds (60 percent) of which is video and 

audio content from the Announcement Video11

“Declaration” – 30 seconds

Audio On-Screen Text Visual

[Male voiceover]: Our 

founding fathers knew the 

proper role for government. 

Image of the Declaration of 

Independence

[Male voiceover]: Amie 

Hoeber shares that view.

Still photo of Amie Hoeber

[Amie Hoeber]: Too many in 

Congress today are perennial 

politicians and they’re 

ducking their responsibilities. 

They simply don’t do their 

job.

“Amie Hoeber” Video of Amie Hoeber 

speaking to the camera

[Amie Hoeber]: Their 

solution to every problem is a 

bigger and more intrusive 

government. 

Image of the U.S. Capitol, 

Barack Obama, Nancy Pelosi, 

and John Delaney

[Amie Hoeber]: Send me to 

Congress and I will listen to 

you and act on your behalf.

Video of Amie Hoeber 

speaking to the camera

[Male voiceover]: Amie 

Hoeber. Republican for 

Congress. 

“Amie Hoeber” Still photo of Amie Hoeber

[Male voiceover]: Maryland 

USA is responsible for the 

content of this advertising.

“Amie Hoeber Republican for 

Congress” and disclaimer tag

Still photo of Amie Hoeber

superimposed on the 

Declaration of Independence

11 https://www.youtube.com/watch?v=UrO1OeCjPfU (last viewed on Feb. 4, 2022).
MUR 7139 (Maryland USA, et al.)

Statement of Reasons

Page 4 of 8

• Declaration 15 HD is a 15-second video, 9 seconds (60 percent) of which is video and 

audio content from the Announcement Video12

“Declaration” – 15 seconds

Audio On-Screen Text Visual

[Male voiceover]: Our 

founding fathers knew the 

proper role for government. 

Image of the Declaration of 

Independence

[Male voiceover]: Amie 

Hoeber shares that view.

Still photo of Amie Hoeber

[Amie Hoeber]: Too many in 

Congress today are perennial 

politicians. 

“Amie Hoeber” Footage of Amie Hoeber 

speaking to the camera

[Amie Hoeber]: Their 

solution to every problem is a 

more intrusive government. 

Image of the U.S. Capitol, 

Barack Obama, Nancy Pelosi, 

and John Delaney

[Amie Hoeber]: It’s time 

elected officials listen to you.

“Amie Hoeber” and 

disclaimer tag

Still photo of Amie Hoeber

12 https://www.youtube.com/watch?v=huaVuhg91FA (last viewed on Feb. 4, 2022).
MUR 7139 (Maryland USA, et al.)

Statement of Reasons

Page 5 of 8

• Stronger Together HD 30 1119 is a 30-second video, 9 seconds (30 percent) of which 

content from the Announcement Video.13

“Stronger America” – 30 seconds

Audio On-Screen Text Visual

[Male voiceover]: The 

Islamic State on a rampage. 

“ISIS on Rampage” Still images of men with guns 

and apparent ISIS flag

[Male voiceover]: Iran still 

funding terrorism.

“Iran Funding Terrorism” Still photo of Ali Khamenei 

and war images 

[Male voiceover]: Putin more 

emboldened by the day.

“Putin Emboldened” Still photo of Vladimir Putin, 

men in military fatigues, and 

military aircraft

[Male voiceover]: Republican 

Amie Hoeber knows what it 

takes to keep us safe.

“Amie Hoeber” Still photo of Amie Hoeber 

with two women

[Amie Hoeber]: I was 

President Reagan’s Deputy 

Undersecretary of the U.S. 

Army during both his terms 

and he is my role model for 

public service. 

“Deputy Under Secretary 

United States Army”

Split screen: Video of Amie 

Hoeber speaking to the 

camera next to still image of 

President Ronald Reagan in 

the Oval Office

[Male voiceover]: To help 

make America Stronger 

Still images of Amie Hoeber 

in a uniform, men in military 

fatigues with American flag, 

helicopter, and naval ship

[Male voiceover]: Amie 

Hoeber – Republican for 

Congress

“Amie Hoeber Republican for 

Congress”

Still headshot of Amie 

Hoeber

[Male voiceover]: Maryland

USA is responsible for the 

content of this advertising.

Disclaimer tag Still photo of Amie Hoeber 

speaking with other 

individuals

For each of these three videos, all of the audio and video footage of Hoeber came from the 

Announcement Video.

II. Legal Analysis

The Act defines “expenditure” as “any purchase, payment, distribution, loan, advance, 

deposit, or gift of money or anything of value made by any person for the purpose of influencing 

any election for Federal office.”14 A “contribution,” as defined in the Act, is “any gift, 

subscription, loan, advance, or deposit of money or anything of value, made by any person for 

13 https://www.youtube.com/watch?v=ISXv8NNlCII (last viewed on Feb. 4, 2022).

14 52 U.S.C. § 30101(9)(A)(i); see also 11 C.F.R. § 100.111(a).
MUR 7139 (Maryland USA, et al.)

Statement of Reasons

Page 6 of 8

the purpose of influencing any election for Federal office.”15 A subset of contributions are 

expenditures that are coordinated with a candidate or candidate’s authorized committee.16 

Consistent with the definitions of both contribution and expenditure, the Act further 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” for the purposes of the coordinated expenditure provisions.17 

In general, the republication of campaign materials prepared by a candidate’s authorized 

committee is thing of value done for the purpose of influencing a federal election and is therefore 

a contribution.18 IEOPCs are prohibited from making contributions to federal candidates,19 and 

candidates and their authorized committees are prohibited from accepting contributions not 

subject to the limits and prohibitions of the Act.20 Thus, an IEOPC’s republication of a 

Committee’s campaign materials is prohibited.21 Acknowledging that “such expenditures could 

be made without the knowledge or control of the candidate,” the Commission crafted its 

regulations implementing the Act so that a contribution only would be deemed to be received by 

a candidate committee when the republication occurred with the cooperation or consent of the 

committee.22 Accordingly, the candidate who prepared the campaign material does not receive 

15 52 U.S.C. § 30101(8)(A)(i); see also 11 C.F.R. § 100.52(a).

16 52 U.S.C. § 30116(a)(7).

17 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 5743 (Betty Sutton) (candidate photo obtained from campaign website); MUR 5672 

(Save American Jobs) (video produced and used by candidate’s campaign subsequently hosted on association’s 

website).

18 In rejecting an exception for “fair use” of campaign materials, the Commission distinguished republication 

in the context of intellectual property law, where republication of another person’s work is generally viewed as 

undesirable by the original author, from the context of campaign finance law, “where the candidate/author generally 

views republication of his or her campaign material, even in part, as a benefit” and “can be reasonably construed 

only as for the purpose of influencing an election.” Explanation and Justification, Coordinated and Independent 

Expenditures, 68 Fed. Reg. 421, 443 (Jan. 3, 2003) (emphasis added).

19 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.

20 See 52 U.S.C. § 30125(e)(1).

21 See F&LA at 4-7, MUR 6535 (Restore Our Future) (finding reason to believe that an IEOPC violated the 

Act by republishing campaign materials to support Mitt Romney’s 2012 presidential campaign that were originally 

published by Romney’s 2008 campaign).

22 H.R. Doc. No. 95-1-A, at 33 (1977). Similarly, Commission regulations provide that all contributions that 

are earmarked for expenditures on behalf of a clearly identified federal candidate are contributions to the candidate 
MUR 7139 (Maryland USA, et al.)

Statement of Reasons

Page 7 of 8

or accept an in-kind contribution, and is not required to report an expenditure, unless the 

dissemination, distribution, or republication of campaign materials is a coordinated 

communication.23

Although the Act and Commission regulations describe republication to include 

republication of campaign materials in part,24 the Commission has disagreed in specific instances 

about whether a given use of still images or video footage without sound constituted 

republication of campaign materials, with some Commissioners characterizing certain uses of 

such campaign materials as merely “fleeting” or incidental.25 However, the Commission need 

not engage in such exercises here. The ads in question specifically contained audio and video of 

the candidate communicating her own campaign message26 and thus clearly fit “within the 

traditional view of republication as ‘the reprinting and dissemination of a candidate’s mailers, 

brochures, yard signs, billboards, or posters – in other words, materials that copy and convey a 

campaign’s message.’”27 Moreover, campaign footage that constitutes 60 percent, or even 30 

percent, of a 30 second ad is hardly incidental or fleeting. 

Maryland USA’s assertion that the republished footage was of the candidate “discussing 

her positions, incorporated into Maryland USA’s larger expression of its own views about her 

candidacy,” is false on the face of the ads. These ads largely consist of the Hoeber Committee’s 

expression of Hoeber’s own views with snippets of generic messaging and images added on by 

for the purposes of the person making the contribution. However, the candidate or candidate’s committee for whom 

the contribution is earmarked does not receive a contribution and is not required to report such a contribution unless 

the contribution is forwarded to the candidate committee through a conduit or intermediary. 11 C.F.R. § 110.6.

23 11 C.F.R. § 109.23(a).

24 52 U.S.C. § 30116(a)(7)(B)(iii); 11 C.F.R. § 109.23(a).

25 See, e.g., Statement of Reasons of Chair Caroline C. Hunter and Commissioners Donald F. McGahn and 

Matthew S. Peterson (Feb. 22, 2012), MUR 6357 (American Crossroads, et al.); Statement of Reasons of Chair 

Caroline C. Hunter and Commissioners Donald F. McGahn and Matthew S. Peterson (Feb. 28, 2012), MUR 5879 

(Harry Mitchell for Congress, et al.). In both matters, the Commission’s attorneys recommended finding reason to 

believe Respondents impermissibly republished campaign materials. We agree with our attorneys’ assessment. 

26 Although our colleagues assert that the expenditures in this matter are “indistinguishable” from prior 

matters involving “clips of candidate B-roll footage,” their Statement of Reasons does not define “B-roll.” Primary 

footage of a candidate delivering a campaign message directly to the camera is not B-roll footage. See, e.g., “B-roll” 

Merriam-Webster’s Collegiate Dictionary, Merriam-Webster, https://unabridged.merriamwebster.com/collegiate/B-roll (last visited Feb. 15, 2022) (defined as “recorded video subjects or locations used to 

provide supplementary material for a film or television show”); SC Lannom, What is B-Roll: The Difference 

Between A-Roll vs B-Roll Footage, StudioBinder, (Oct. 28, 2019), https://www.studiobinder.com/blog/what-is-broll/ (“B-roll footage...is any supplemental video that is considered to be secondary to your primary footage”); B 

Roll – Everything You Need to Know, Nashville Film Institute, https://www.nfi.edu/b-roll/ (last visited Feb. 15, 

2022) (“B roll...refers to secondary footage that visually supports the primary footage in a film or video project”).

27 Cf. Statement of Reasons of Chair Caroline C. Hunter and Commissioners Donald F. McGahn and 

Matthew S. Peterson at 5-6, MUR 5879 (Harry Mitchell for Congress, et al.) (citing Statement of Reasons of Vice 

Chairman Matthew S. Petersen and Commissioners Caroline C. Hunter and Donald F. McGahn, MUR 5996 

(Education Finance Reform Group, et al.)).
MUR 7139 (Maryland USA, et al.) 

Statement of Reasons

Page 8 of 8 

Maryland USA – “in other words, materials that copy and convey [the Hoeber Committee’s] 

message.” Indeed, absent the disclaimer at the end of the ad, a viewer could reasonably assume 

that the ad was created by the Hoeber Committee itself. This use of campaign materials – in 

which a significant portion of the ad is the candidate herself sharing her campaign message in her 

own words – is squarely in the scope of “republication” as that term is used in the Act and 

Commission regulations.28

We voted to find reason to believe that Maryland USA coordinated with the Hoeber 

Committee in making communications for the reasons set out in the FGCR. However, for the 

foregoing reasons, we also voted to find reason to believe that Maryland USA made excessive 

and prohibited contributions by republishing the Hoeber Committee’s campaign materials, 

regardless of whether the ads were coordinated.

____________________ __________________________ 

Date Shana M. Broussard 

Commissioner

____________________ __________________________ 

Date Ellen L. Weintraub 

Commissioner

28 In their Joint Response, the Hoeber Committee, Hoeber, and Epstein argue that these ads are not subject to 

regulation because they were distributed on the internet for free. Resp. of Amie Hoeber for Congress, Amie Hoeber, 

and Mark Epstein at 3 (Nov. 15, 2016). However, the available information suggests that Maryland USA in fact 

paid to distribute the ads on the YouTube website, see First Gen. Counsel’s Rep. at 8-9 (and, notably, Maryland 

USA does not raise this argument in its Response). 

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