FEDERAL ELECTION COMMISSION

Washington, DC 20463 

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matters of ) 

) 

Joseph R. Biden, Jr. ) MURs 7931 and 8059 

Biden for President and Keana Spencer ) 

 in her official capacity as treasurer ) 

Biden Victory Fund and Monica Guardiola ) 

 in her official capacity as treasurer ) 

) 

STATEMENT OF REASONS OF CHAIR DARA LINDENBAUM AND

COMMISSIONERS SHANA M. BROUSSARD AND ELLEN L. WEINTRAUB

The Complaints in these matters alleged that Joseph R. Biden, Jr., became a candidate for 

President in the 2024 election cycle prior to his April 2023 formal announcement and failed to 

file a Statement of Candidacy with the Commission within 15 days of becoming a candidate in 

violation of the Federal Election Campaign Act of 1971, as amended (the “Act”). The MUR 

7931 Complaint further alleges that both Biden for President and Keana Spencer in her official 

capacity as treasurer (the “Biden Committee”), and Biden Victory Fund and Monica Guardiola in 

her official capacity as treasurer (the “Victory Fund”) failed to make necessary amendments to 

their Statements of Organization to reflect Biden’s 2024 candidacy. The record also gave rise to 

allegations that the Biden Committee failed to properly disclose the purpose of a disbursement 

and that the Victory Fund failed to properly report a debt. 

On October 5, 2023, the Commission unanimously found: (1) no reason to believe that 

Biden failed to timely file a Statement of Candidacy; (2) no reason to believe that the Biden 

Committee failed to properly disclose the purpose of its disbursements; and (3) no reason to 

believe that the Biden Committee or the Victory Fund failed to amend their Statements of 

Organization.1 The Commission further unanimously dismissed the allegations concerning the 

Victory Fund failing to report a debt in an exercise of prosecutorial discretion.2 At the same time, 

each of us voted to adopt one or more Factual and Legal Analyses, which were not adopted by 

1 Certification ¶ 1.a-c (Oct. 6, 2023) (Chair Lindenbaum, Vice Chair Cooksey, and Commissioners 

Broussard, Dickerson, Trainor, and Weintraub voted in favor).

2 Heckler v. Chaney, 470 U.S. 821 (1985); Certification ¶ 1.d (Oct. 6, 2023) (Chair Lindenbaum, Vice Chair 

Cooksey, and Commissioners Broussard, Dickerson, Trainor, and Weintraub voted in favor).

MUR793100328
MURs 7931 and 8059 (Joseph R. Biden, Jr., et al.) 

Statement of Chair Dara Lindenbaum, and Commissioners Shana M. Broussard and Ellen L. Weintraub

Page 2 of 2 

the Commission in these matters.

3 We attach here the proposed Factual and Legal Analyses, 

which provide the explanations for our votes.4

__________________ ___________________ 

Date Dara Lindenbaum

Chair 

__________________ ___________________ 

Date Shana M. Broussard 

Commissioner 

__________________ ___________________ 

Date Ellen L. Weintraub 

Commissioner 

3 Chair Lindenbaum did not vote to approve the Factual & Legal Analysis for Biden and the Biden 

Committee; however, she would have supported Part III.B, which explained the basis for finding no reason to 

believe that the Biden Committee failed to properly disclose the purpose of its disbursements. Certification ¶ 2 

(Oct. 6, 2023) (Commissioners Broussard and Weintraub voted in favor of the Factual & Legal Analysis for Biden 

and the Biden Committee; Chair Lindenbaum, Vice Chair Cooksey, and Commissioners Dickerson and Trainor 

dissented); Certification ¶ 3 (Oct. 6, 2023) (Chair Lindenbaum, and Commissioners Broussard and Weintraub voted 

in favor of the Factual & Legal Analysis for the Victory Fund; Vice Chair Cooksey, and Commissioners Dickerson 

and Trainor dissented). 

4 Attachments A and B. As noted, these were not adopted by the Commission.

October 13, 2023

October 13, 2023

October 13, 2023

MUR793100329
PROPOSED F&LA

ATTACHMENT A 

1 FEDERAL ELECTION COMMISSION

2 FACTUAL AND LEGAL ANALYSIS

3 RESPONDENT: Biden for President and Keana Spencer MURs 7931 and 8059 

4 in her official capacity as treasurer

5 1. INTRODUCTION

6 These matters arise from Complaints alleging that Joseph R. Biden, Jr. became a 

7 candidate for President in the 2024 election cycle prior to his April 2023 formal announcement 

8 and failed to file a Statement of Candidacy with the Commission within 15 days of becoming a 

9 candidate in violation of the Federal Election Campaign Act of 1971, as amended (the “Act”). 

10 The Complaint in MUR 7931 alleges that Biden surpassed the $5,000 threshold for 

11 candidacy via contributions received by his authorized committee, Biden for President and 

12 Keana Spencer in her official capacity as treasurer (the “Biden Committee”), and Biden Victory 

13 Fund and Monica Guardiola in her official capacity as treasurer (the “Victory Fund”), a joint 

14 fundraising committee in which the Biden Committee was a participant, as well as via 

15 disbursements made by the Biden Committee and the Victory Fund. The MUR 7931 Complaint 

16 further alleges that the Biden Committee violated the Act by failing to make necessary 

17 amendments to its Statement of Organization to reflect the 2024 presidential candidacy of Joseph 

18 R. Biden, Jr. The Complaint also questions whether disbursements by the Biden Committee to

19 Upland Software Inc. for “software” were properly reported. In addition, the Complainant in 

20 MUR 7931 has filed three supplements to its Complaint documenting statements made by Biden 

21 and individuals associated with him and his administration in support of the MUR 7931 

22 Complaint’s claim that Biden decided to run for reelection long before his formal declaration of 

23 candidacy. 

MUR793100330
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 2 of 41 

ATTACHMENT A 

1 The Complaint in MUR 8059 similarly alleges that Biden failed to timely file a Statement 

2 of Candidacy despite consistent statements indicating that he had determined to run for 

3 reelection and that Biden crossed the $5,000 statutory threshold because the Biden Committee 

4 had spent, at the time of that Complaint, more than $5 million including for text messaging, 

5 email, and database services.

6 The Respondents deny the allegations, asserting that, at the time the Responses were 

7 submitted, Biden had not yet conclusively determined to run for reelection in 2024, nor had he or 

8 his affiliated committees raised or spent $5,000 or more in connection with the 2024 presidential 

9 election. Regarding contributions, Respondents state that all contributions received by the Biden 

10 Committee after the 2020 election were solicited and made prior to the election and that all funds 

11 raised by the Victory Fund for the Biden Committee were contributions solicited and made prior 

12 to Election Day. They state that other funds raised by the Victory Fund after Election Day 2020 

13 were not allocated or transferred to the Biden Committee. Regarding disbursements, 

14 Respondents state that all expenditures made by the Biden Committee after November 3, 2020, 

15 including the disbursements to Upland Software Inc., were associated with winding-down 

16 activities or maintenance of records or property, obligations incurred during the 2020 election 

17 cycle, and expenses incurred in connection with fundraising for the Democratic National 

18 Committee (the “DNC”) in the 2022 election cycle, and that the Biden Committee has made no 

19 disbursements to influence the 2024 presidential election. Respondents state that expenditures 

20 made by the Victory Fund were to pay for services received prior to Election Day and for 

21 services to maintain the Victory Fund while it winds down its operations. The Biden Committee 

22 further states that it was not required to include on its Statement of Organization the election 

23 cycles in which Biden was or is a candidate for office. 

MUR793100331
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 3 of 41 

ATTACHMENT A 

1 After the filing of the Responses, on April 25, 2023, Biden filed a Statement of 

2 Candidacy with the Commission indicating that he is running for reelection in 2024 and naming 

3 both the Biden Committee and the Victory Fund as authorized committees. 

4 As set forth below, the available information indicates that although Biden appears to 

5 have made statements indicating that he had decided to become a candidate as early as March 

6 2021, neither Biden nor the Biden Committee nor the Victory Fund appears to have accepted any 

7 contributions, or made any expenditures, in excess of $5,000 to satisfy the statutory threshold for 

8 becoming a candidate. Further, the available information does not indicate that the Biden 

9 Committee did not accurately disclose all of its spending. Accordingly, the Commission: (1)

10 finds no reason to believe that Biden violated 52 U.S.C. § 30102(e)(1) and 11 C.F.R. § 101.1 by 

11 failing to timely file a Statement of Candidacy and designate an authorized committee within 15 

12 days of becoming a candidate; and (2) finds no reason to believe that the Biden Committee 

13 violated 52 U.S.C. § 30104(b)(5)(A) and 11 C.F.R. § 104.3(b)(4)(i) by failing to properly 

14 disclose the purpose of its disbursements to Upland Software Inc. Additionally, the Biden 

15 Committee had no obligation to amend its Statement of Organization to reflect the election cycle 

16 relevant to Biden’s candidacy, and the Commission therefore finds no reason to believe that the 

17 Biden Committee violated 52 U.S.C. § 30103(c) and 11 C.F.R. § 102.2(a)(2) by failing to amend 

18 its Statement of Organization. 

MUR793100332
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 4 of 41 

ATTACHMENT A 

1 2. FACTUAL BACKGROUND 

2 A. Statements Made by Biden and His Surrogates Regarding a 2024

3 Presidential Candidacy

Joseph R. Biden, Jr., was elected the 46th 4 President of the United States on November 3, 

2020.1

 He filed a Statement of Candidacy for the 2024 election on April 25, 2023.2 5 

6 Beginning in early 2021, Biden and his surrogates made a number of public statements 

7 about whether Biden had made a decision to run for President in 2024, as referenced in the 

8 Complaints. As early as March 25, 2021, when asked whether he had “decided whether [he was] 

9 going to run for reelection in 2024,” Biden responded that “the answer is ‘yes.’ My plan is to 

run for reelection. That’s my expectation.”3 10 Later that year, in November 2021, then-Press 

11 Secretary Jen Psaki was asked about “reports that President Biden was telling allies that he is 

12 going to run for reelection in 2024” and whether she could confirm whether he is “going to run 

in 2024,” to which Psaki responded that “[h]e is, that’s his intention.”4 13 Two months later, on 

14 January 19, 2022, when asked whether Vice President Kamala Harris would be his Vice 

15 President on the 2024 ticket and whether he thought she was doing a good job on voting rights, 

1 FEC, FEDERAL ELECTIONS 2020: ELECTION RESULTS FOR THE U.S. PRESIDENT, THE U.S. SENATE, AND THE 

U.S. HOUSE OF REPRESENTATIVES 5 (Oct. 2022), https://www.fec.gov/resources/cmscontent/documents/federalelections2020.pdf; Joe Biden: The President, WHITE HOUSE, 

https://www.whitehouse.gov/administration/presidentbiden/ (last visited May 2, 2023).

2

 Joseph R. Biden, Jr., Amended Statement of Candidacy at 1 (Apr. 25, 2023), 

https://docquery.fec.gov/pdf/792/202304259581293792/202304259581293792.pdf (regarding 2024 candidacy).

3

 WHITE HOUSE, REMARKS BY PRESIDENT BIDEN IN PRESS CONFERENCE (Mar. 25, 2021) [hereinafter March 

25, 2021 Biden Remarks], https://www.whitehouse.gov/briefing-room/speechesremarks/2021/03/25/remarks-bypresident-biden-in-press-conference/. 

4 Steven Nelson, Psaki Says Biden Still Intends to Run in 2024 Despite Poor Polls, Old Age, N.Y. POST 

(Nov. 22, 2021, 7:11 PM), https://nypost.com/2021/11/22/psaki-says-biden-still-intends-to-run-in-2024-despitepoor-polls-old-age/ (quoting WHITE HOUSE, PRESS GAGGLE BY PRESS SECRETARY JEN PSAKI EN ROUTE FORT 

BRAGG, NC (Nov. 22, 2021, 5:00 PM) [hereinafter Nov. 22, 2021 White House Press Gaggle], 

https://www.whitehouse.gov/briefing-room/press-briefings/2021/11/22/press-gaggle-by-press-secretary-jen-psakien-route-fort-bragg-nc/ (quoted in Compl. ¶ 11 (Aug. 30, 2022), MUR 8059 [hereinafter MUR 8059 Compl.]).

MUR793100333
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 5 of 41 

ATTACHMENT A 

1 Biden responded “[y]es and yes,” indicating that he had determined to run in 2024 and again 

would select Harris as his running mate.5 2 

3 Subsequent press reports have reiterated that Biden had made up his mind regarding the 

4 2024 election: Intelligencer reported on May 24, 2022, that “in [Biden’s] mind there’s no 

5 question he’s running. . . . ‘Yes!’ he told an interviewer . . . , sighing a little performatively at 

having to keep repeating it.”6 6 The article went on to state that:

7 Every one of the would-be candidates has consistently maintained that their own 

8 presidential prospects are moot because Biden is running with their full support. 

9 As far as Biden’s camp is concerned, there isn’t any ambiguity about 2024 at all. 

10 He has said in private that he sees himself as the only thing standing between the 

11 country and [the reelection of Donald Trump] and has instructed his aides to 

12 redouble their planning for a rematch. “People ask me with some regularity, 

13 ‘When is Biden going to come out and say what he’s going to do?’” an 

14 exasperated longtime Biden adviser told me recently. “And I say, ‘Well, he 

has!’”7 15 

16 Biden was also later reported as being relieved that Senator Bernard Sanders would not challenge 

17 him in 2024, and the same press article states that aides argue that Biden is not just intending to 

18 run but also “laying the groundwork by building resources at the [DNC], restocking his operation 

5

 Claire Rafford, Biden Commits to Harris as His Running Mate for 2024, POLITICO (Jan. 19, 2022,

6:09 PM), https://www.politico.com/news/2022/01/19/biden-commits-to-harris-as-his-running-mate-2024-527418

(quoting WHITE HOUSE, REMARKS BY PRESIDENT BIDEN IN PRESS CONFERENCE (Jan. 19, 2022, 4:02 PM)

[hereinafter Jan. 19, 2022 Biden Remarks], https://www.whitehouse.gov/briefing-room/speechesremarks/2022/01/19/remarks-by-president-biden-in-press-conference-6/) (quoted in MUR 8059 Compl. ¶ 15).

6

 Gabriel Debenedetti, There Has to Be a Backup Plan. There’s a Backup Plan, Right?, INTELLIGENCER 

(May 24, 2022), https://nymag.com/intelligencer/2022/05/biden-2024-democrats-search-for-alternative.html (quoted

in First Supp. Compl. at 1-2 (June 9, 2022), MUR 7931 [hereinafter MUR 7931 First Supp. Compl.]).

7

 Id. 

MUR793100334
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 6 of 41 

ATTACHMENT A 

1 in battleground states[,] and looking to use his influence to shape the nomination process in his 

favor.”8 2 

3 In addition to press accounts, individuals associated with Biden’s campaign and the 

4 White House have repeatedly stated that he will run for reelection. On June 13, 2022, Press 

5 Secretary Karine Jean-Pierre stated at a Press Briefing, “Yes, he’s running for reelection. I’m – I 

can’t say more than that.”9 6 The same day, Jean-Pierre tweeted, “To be clear, as the President has 

said repeatedly, he plans to run in 2024.”10 7 Four days later, The Washington Post reported that a 

8 dozen unnamed “Democrats close to the White House” had stated that, “[i]n public and private, 

9 Biden himself has emphasized that he is running, effectively shutting down any discussion of the 

topic between the president and his close advisers.”11 10 

11 Twice in late June 2022, Vice President Kamala Harris confirmed her understanding of 

12 Biden’s intention to run, stating first that “Joe Biden is running for reelection and I will be his 

ticket-mate. Full stop.”12 13 Two days later, she said that “[t]he president intends to run and if he 

8

 Taegan Goddard, Biden Irked by Democrats Who Don’t Think He’s Running, TAEGEN GODDARD’S 

POL.WIRE (June 27, 2022, 7:30 PM), https://politicalwire.com/2022/06/27/biden-irked-by-democrats-who-dontthink-hes-running/ (quoted in Third Supp. Compl. at 2, MUR 7931 (Mar. 8, 2023) [hereinafter MUR 7931 Third

Supp. Compl.]).

9

 WHITE HOUSE, PRESS BRIEFING BY SECRETARY KARINE JEAN-PIERRE (June 13, 2022,3:42 PM) [hereinafter 

June 13, 2022 White House Press Briefing], https://www.whitehouse.gov/briefing-room/pressbriefings/2022/06/13/press-briefing-by-press-secretary-karine-jean-pierre/ (quoted in MUR 8059 Compl. ¶ 13).

10 Karine Jean-Pierre (@PressSec), TWITTER (June 13, 2022, 6:36 PM), 

https://twitter.com/presssec/status/1536477522988343296 (cited in Second Supp. Compl. at 1 (June 22, 2022), 

MUR 7931 [hereinafter MUR 7931 Second Supp. Compl.]).

11 Tyler Pager & Michael Scherer, Biden Sends Every Signal He Is Running Again, WASH. POST (June 17,

2022, 3:00 PM), https://www.washingtonpost.com/politics/2022/06/17/biden-signals-run-for-reelection/ (quoted in

MUR 8059 Compl. ¶ 17).

12 Dana Bash (@DanaBashCNN), TWITTER (June 27, 2022, 8:07 PM), 

https://twitter.com/DanaBashCNN/status/1541574009418039299 (including video of Bash’s interview of Harris on 

CNN that evening) (quoted in MUR 8059 Compl. ¶ 16, MUR 7931 Third Supp. Compl. at 1).

MUR793100335
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 7 of 41 

ATTACHMENT A 

does, I will be his ticket mate. We will run together.”13 1 Regarding this remark, The Los Angeles 

2 Times reported that an unnamed “prominent Democrat who is close to the White House” said 

3 that Harris made the clarifying statement to “avoid using ‘trigger words’ that would set off 

4 requirements for Biden to establish a formal campaign with the Federal Election Commission 

and begin fundraising.”14 5 

6 In July 2022, CNN reported that Biden had “insisted privately to donors and others [that 

he is] their strongest candidate to beat Donald Trump – or another GOP candidate – in 2024.”15 7 

8 It further reported that four unidentified aides stated that there are “muted worries . . . going 

9 around the West Wing . . . that someone may yet emerge ahead of the President’s planned spring 

10 2023 formal reelection campaign launch. Biden advisers expect to stick to that no matter what 

happens, including if Trump decides to jump in early.”16 11 Later in July 2022, Press Secretary 

12 Jean-Pierre stated, “I’m going to be very clear; I’m going to say this once – and the President has 

13 been very clear about this: He intends to run in 2024. And he is going to – until then, he is 

going to do the business of the American people as he has been doing for the past 18 months.”17 14 

15 The next day, she twice reiterated during a press briefing that “[t]he President intends to run in 

13 Erin B. Logan & Noah Bierman, Vice President Harris Says Biden Intends to Seek Reelection, But Her

Words Stir New Uncertainty, L.A. TIMES (June 29, 2022, 4:38 PM), https://www.latimes.com/politics/story/2022-

06-29/vice-president-harris-creates-new-doubt-about-bidens-plans-for-reelection (quoted in MUR 8059 Compl.

¶ 28).

14 Id. 

15 Edward-Isaac Dovere, As Worries About Biden in 2024 Grow, Other Democrats Aren’t Stepping Forward

to Challenge Him, CNN (July 11, 2022, 8:26 AM), https://www.cnn.com/2022/07/11/politics/biden-democraticprimary-challenge-2024/index.html (quoted in MUR 8059 Compl. ¶¶ 18, 20).

16 Id. 

17 WHITE HOUSE, PRESS BRIEFING BY PRESS SECRETARY KARINE JEAN-PIERRE (July 28, 2022, 4:11 PM)

[hereinafter July 28, 2022 White House Press Briefing], https://www.whitehouse.gov/briefing-room/pressbriefings/2022/07/28/press-briefing-by-press-secretary-karine-jean-pierre-5/) (quoted in MUR 8059 Compl. ¶ 13, 

which misstates that Jean-Pierre tweeted this statement; she instead stated these words at a Press Briefing).

MUR793100336
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 8 of 41 

ATTACHMENT A 

2024,”18 1 and on August 1, 2022, she stated twice more that the President “intends to run,” noting 

that he had “said that multiple times.”19 2 She was reported as stating so again on This Week with 

George Stephanopoulous on August 14, 2022.20 3 

4 In August 2022, Secretary of Transportation Pete Buttigieg stated while appearing on 

5 CNBC that he was “looking forward to supporting the president’s reelection. That is as much as 

I can say about these things while I’m here on an official capacity.”21 6 Less than a week later, 

7 Bloomberg reported that former White House aide Cedric Richmond had said that “[i]t is clearcut that [Biden is] our best candidate. . . . If he says he’s planning on running, he’s running,”22 8 

9 and that longtime aide Anita Dunn stated, “The president has said he’s planning on running 

again. People should take him at his word.”23 10 Bloomberg further reported that unidentified 

18 WHITE HOUSE, PRESS BRIEFING BY PRESS SECRETARY KARINE JEAN-PIERRE (July 29, 2022, 1:55 PM) 

[hereinafter July 29, 2022 White House Press Briefing], https://www.whitehouse.gov/briefing-room/pressbriefings/2022/07/29/press-briefing-by-press-secretary-karine-jean-pierre-july-29-2022/ (quoted in MUR 7931 Third

Supp. Compl. at 2; the Third Supplemental Complaint cites a press article for one of Jean-Pierre’s statements, but

both appear in the White House Press Briefing from July 29, 2022). 

19 WHITE HOUSE, PRESS BRIEFING BY PRESS SECRETARY KARINE JEAN-PIERRE AND NATIONAL SECURITY 

COUNCIL COORDINATOR FOR STRATEGIC COMMUNICATIONS JOHN KIRBY (Aug. 1, 2022, 1:54 PM) [hereinafter Aug. 

1, 2022 White House Press Briefing], https://www.whitehouse.gov/briefing-room/press-briefings/2022/08/01/pressbriefing-by-press-secretary-karine-jean-pierre-and-national-security-council-coordinator-for-strategiccommunications-john-kirby-2/ (quoted in MUR 7931 Third. Supp. Compl. at 2; the Third Supplemental Complaint

cites a press article for one of Jean-Pierre’s statements, but both appear in the White House Press Briefing from

August 1, 2022).

20 S.E. Cupp, Opinion, Biden Should Speak Fully on His Plans to Run in 2024 or Not, NEWS-HERALD 

(Aug. 21, 2022, 7:56 AM), https://www.news-herald.com/2022/08/21/biden-should-speak-fully-on-his-plans-torunin-2024-or-not-s-e-cupp/. 

21 Squawk Box (CNBC television broadcast Aug. 4, 2022), 

https://archive.org/details/CNBC_20220804_100000_Squawk_Box/start/6600/end/6660) (quoted in MUR 8059 

Compl. ¶ 14).

22 Justin Sink & Josh Wingrove, Biden Plots a 2024 President Run — and a Trump Rematch, BLOOMBERG 

(Aug. 11, 2022), https://www.bloomberg.com/news/articles/2022-08-11/biden-primes-2024-run-eager-to-stoptrump-again-despite-doubts (quoted in MUR 8059 Compl. ¶ 19; MUR 7931 Third. Supp. Compl. at 3).

23 Id. 

MUR793100337
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 9 of 41 

ATTACHMENT A 

1 aides were “worried that [Biden] publicly declaring [his 2024 candidacy] before the [2022] 

midterms [w]ould trigger legal restrictions on fundraising.”24 2 In September 2022, Richmond 

3 told a member of the press that Biden is “running and we’re building an infrastructure for him to 

run and win. Right now, it’s all an early investment in 2024 while we’re helping 2022.”25 4 In

5 late September 2022, Jean-Pierre again stated that Biden “intends to run. I don’t have any more 

announcements on that.”26 6 

7 Though Biden claimed as late as February 2023 that he was “just not ready to make” the 

decision of whether to run for reelection in 2024,27 8 having stated the prior September that he 

9 would “make a judgment on what to do . . . after [the 2022] election cycle here going into 

[2023],”28 10 he also made clear that it was his “intention to run again” and that part of his concern 

11 about formally deciding to run was that, from the moment he did so, “ a whole series of 

12 regulations kick[ed] in and [he has] to be – [he] treat[s] [him]self as a candidate from that 

24 Id. 

25 Alex Gangitano, Cedric Richmond on Biden 2024: “He’s Running,” ABC27 (Sept. 17, 2022, 8:22 AM),

https://www.abc27.com/hill-politics/cedric-richmond-on-biden-2024-hes-running/ (quoted in MUR 7931 Third

Supp. Compl. at 3).

26 WHITE HOUSE, PRESS BRIEFING BY PRESS SECRETARY KARINE JEAN-PIERRE, (Sept. 26, 2022, 1:27 PM) 

[hereinafter Sept. 26, 2022 White House Press Briefing], https://www.whitehouse.gov/briefing-room/pressbriefings/2022/09/26/press-briefing-by-press-secretary-karine-jean-pierre-september-26-2022/ (quoted in MUR 

7931 Third Supp. Compl. at 3).

27 Noticias Telemundo, Entrevista Completa con Joe Biden | Noticias Telemundo at 0:01, YOUTUBE (Feb. 

9,2023), https://www.youtube.com/watch?v=JnzCFhVVb1c. 

28 Scott Pelley, President Joe Biden: The 2022 60 Minutes Interview (Sept. 18, 2022), 

https://www.cbsnews.com/news/president-joe-biden-60-minutes-interview-transcript-2022-09-18/ (noting that if he 

were to announce his candidacy, “all of a sudden, a whole range of things come into play that I have — 

requirements I have to change and move and do” and confirming, when asked, that he was referring to “election 

laws”) (quoted in Biden & Biden Committee Joint Resp. at 1-2 n.3 (Oct. 24, 2022), MUR 8059 [hereinafter MUR 

8059 Biden Resp.]).

MUR793100338
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

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ATTACHMENT A 

moment on.”29 1 In October 2022, NBC reported that Reverend Al Sharpton had told his staff at

2 the National Action Network that Biden had told him, “I’m going to do it again. I’m going,” 

concerning running for reelection.30 3 Further, in November 2022, when asked what he would say 

4 to the “[t]wo thirds of Americans in exit polls [who] say that they don’t think [Biden] should run 

for reelection,” Biden responded, “Watch me.”31 5 And in December 2022, The New York Times

6 reported that Biden joined a toast at a state dinner with French President Emmanuel Macron to 

7 his 2024 campaign following an exchange in which Biden’s wife, Dr. Jill Biden, reportedly 

stated that she was “absolutely” ready for another campaign.32 8 

9 Subsequent to the filing of the Complaints and the Responses in these matters, on April 

25, 2023, Biden announced that he was running for reelection in 2024,33 10 and filed a Statement of 

11 Candidacy with the Commission in which he designated the Biden Committee as his principal 

campaign committee and listed the Victory Fund as another authorized committee.34 12 

29 MSNBC, President Biden Vows to Protect Women’s Right to Choose if GOP Takes Control of Congress at

4:53, YOUTUBE (Oct. 21, 2022), https://www.youtube.com/watch?v=wdfulgUp6so (“The reason I’m not making a

judgment about formally running or not running, once I make that judgment, a whole series of regulations kick in

and I have to be — I treat myself as a candidate from that moment on. I have not made that formal decision, but it’s

my intention — my intention to run again. And we have time to make that decision.”).

30 Jonathan Allen, Biden Tells Al Sharpton He Will Run for President Again in 2024, NBC NEWS (Oct. 3,

2022, 7:29 PM), https://www.nbcnews.com/politics/wbite-house/biden-tells-al-sharpton-will-run-president-2024-

rcna50556 (quoted in MUR 7931 Third Supp. Compl. at 3).

31 WHITE HOUSE, REMARKS BY PRESIDENT BIDEN IN PRESS CONFERENCE (Nov. 9, 2022) [hereinafter Nov. 9,

2022 Biden Remarks], https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/11/09/remarks-bypresident-biden-in-press-conference-8/. 

32 Katie Rogers & Annie Karni, Bidens Toasted a 2024 Campaign with Macron at the State Dinner, N.Y.

TIMES (Dec. 6, 2022), https://www.nytimes.com/2022/12/06/us/politics/biden-running-president-2024.html (cited in

MUR 7931 Third Supp. Compl. at 3).

33 Joe Biden (@JoeBiden), TWITTER (Apr. 25, 2023, 6:00 AM), 

https://twitter.com/JoeBiden/status/1650801827728986112 (“Every generation has a moment where they have had 

to stand up for democracy. To stand up for their fundamental freedoms. I believe this is ours. That’s why I’m 

running for reelection as President of the United States. Join us. Let’s finish the job. http://JoeBiden.com[.]”).

34 Joseph R. Biden, Jr., Amended Statement of Candidacy at 1 (Apr. 25, 2023), 

https://docquery.fec.gov/pdf/792/202304259581293792/202304259581293792.pdf.

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ATTACHMENT A 

1 B. The Committees

2 

3 1. The Biden Committee

4 The Biden Committee is the authorized campaign committee of 2020 and 2024 

presidential candidate Joseph R. Biden, Jr.35 5 The Biden Committee was authorized by Biden in 

both the 2020 and 2024 election cycles.36 6 None of the Biden Committee’s original or amended 

Statements of Organization indicates the election cycle in which Biden is running for office.37 7 

8 Between November 4, 2020, and March 31, 2023, the Biden Committee reported 

$134,048,699.80 in total receipts.38 9 Of this amount, the Biden Committee reported receiving 

35 Biden for President, Amended Statement of Organization (Apr. 25, 2023), https://docquery.fec.gov/pdf/

354/202304259581294354/202304259581294354.pdf. 

36 Joseph R. Biden, Jr., Amended Statement of Candidacy at 1 (Nov. 4, 2020), https://docquery.fec.gov/pdf/

260/202011069336972260/202011069336972260.pdf (regarding 2020 candidacy); Joseph R. Biden, Jr., Amended 

Statement of Candidacy at 1 (Apr. 25, 2023), https://docquery.fec.gov/pdf/792/202304259581293792/20230425958

1293792.pdf (regarding 2024 candidacy).

37 Id. 

38 See Biden for President, 2020 30-Day Post-General Report (Dec. 3, 2020) [hereinafter Biden Committee,

2020 Post-General Report], https://docquery.fec.gov/cgi-bin/forms/C00703975/1481223/ (reporting

$112,374,093.52 in receipts); Biden for President, Amended 2020 Year-End Report (June 24, 2021) [hereinafter

Biden Committee, 2020 Year-End Report], https://docquery.fec.gov/cgi-bin/forms/C00703975/1521558/ (reporting

$9,566,512.81 in receipts); Biden for President, 2021 April Quarterly Report (Apr. 15, 2021) [hereinafter Biden

Committee, 2021 April Quarterly Report], https://docquery.fec.gov/cgi-bin/forms/C00703975/1512502/ (reporting

$8,306,247.28 in receipts); Biden for President, 2021 July Quarterly Report (July 15, 2021) [hereinafter Biden

Committee, 2021 July Quarterly Report], 

https://docquery.fec.gov/pdf/289/202107159451654289/202107159451654289.pdf (reporting $2,158,612.93 in 

receipts); Biden for President, 2021 October Quarterly Report (Oct. 15, 2021) [hereinafter Biden Committee, 2021 

October Quarterly Report], https://docquery.fec.gov/pdf/966/202110159467807966/202110159467807966.pdf

(reporting $793,042.37 in receipts); Biden for President, 2021 Year-End Report (Jan. 31, 2022) [hereinafter Biden 

Committee, 2021 Year-End Report], 

https://docquery.fec.gov/pdf/602/202201319485852602/202201319485852602.pdf (reporting $533,586.29 in 

receipts); Biden for President, 2022 April Quarterly Report (Apr. 15, 2022) [hereinafter Biden Committee, 2022 

April Quarterly Report], https://docquery.fec.gov/pdf/058/202204159496652058/202204159496652058.pdf

(reporting $35,698.04 in receipts); Biden for President, 2022 July Quarterly Report (July 15, 2022) [hereinafter 

Biden Committee, 2022 July Quarterly Report],

https://docquery.fec.gov/pdf/588/202207159521296588/202207159521296588.pdf (reporting $23,720.19 in

receipts); Biden for President, 2022 October Quarterly Report (Oct. 15, 2022) [hereinafter Biden Committee, 2022

October Quarterly Report], https://docquery.fec.gov/pdf/100/202210159532617100/202210159532617100.pdf

(reporting $252,559.14 in receipts); Biden for President, 2022 Year-End Report (Jan. 31, 2023) [hereinafter Biden

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ATTACHMENT A 

$103,362,129.86 in contributions during the 2020 Post-General reporting period;39 1 $151.80 in 

contributions received during the 2020 Year-End reporting period;40 2 and $280 in the 2021 April 

Quarterly reporting period.41 3 The Biden Committee contends that all of the reported post-2020 

election contributions were solicited and made prior to Election Day.42 4 The Biden Committee 

reported no additional contributions after the 2021 April Quarterly Report.43 5 The remaining 

receipts included $8,066,596.36 reported as offsets to operating expenditures44 6 and 

Committee, 2022 Year-End Report], 

https://docquery.fec.gov/pdf/514/202301319577873514/202301319577873514.pdf (reporting $4,266.93 in receipts); 

Biden for President, 2023 April Quarterly Report (Apr. 15, 2023) [hereinafter Biden Committee, 2023 April 

Quarterly Report], https://docquery.fec.gov/pdf/917/202304159581014917/202304159581014917.pdf (reporting 

$360.30 in receipts).

39 Biden Committee, 2020 Post-General Report. Of this amount, $68,465,679.20 was itemized, while

$34,833,704.04 was unitemized. Id.

40 Biden Committee, 2020 Year-End Report. Of this amount, $117.80 was itemized, and $34 was unitemized.

Id. 

41 Biden Committee, 2021 April Quarterly Report. Of this amount, all $280 was unitemized. Id. 

42 Biden & Biden Committee Joint Resp. at 2 (Dec. 19, 2021), MUR 7931 [hereinafter MUR 7931 Biden

Resp.]; MUR 7931 Biden Resp., Attach. ¶¶ 3-5 (Decl. of Taryn Vogel) [hereinafter MUR 7931 Vogel Decl.].

43 See Biden Committee, 2021 July Quarterly Report; Biden Committee, 2021 October Quarterly Report;

Biden Committee, 2021 Year-End Report; Biden Committee, 2022 April Quarterly Report; Biden Committee, 2022

July Quarterly Report; Biden Committee, 2022 October Quarterly Report; Biden Committee, 2022 Year-End

Report; Biden Committee, 2023 April Quarterly Report.

44 FEC Receipts: Filtered Results, FEC.GOV, 

https://www.fec.gov/data/receipts/?cycle=2022&data_type=processed&committee_id=C00703975&min_date=11%

2F04%2F2020&line_number=F3P-20A (last visited May 2, 2023) (showing all offsets to operating expenditures 

reported by the Biden Committee between November 4, 2020, and March 31, 2023). Offsets to operating

expenditures are defined on the Commission’s website as “[r]eturns by vendors of deposits, reimbursements for 

expenses shared by committees, vendor refunds and rebates . . . . These receipts are not considered contributions.” 

Offsets to Operating Expenditures, FEC.GOV, https://www.fec.gov/help-candidates-and-committees/filingreports/offsets-operating-expenditures/ (last visited May 2, 2023).

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ATTACHMENT A 

1 $36,003,662.60 in transfers from other authorized committees, of which $20,221,129.23 came 

from the Victory Fund, discussed below.45 2 

3 From November 4, 2020, through March 31, 2023, the Biden Committee also reported 

making expenditures totaling $294,730,269.94, all designated as for the 2020 election.46 4 This 

5 includes disbursements of, in the aggregate, $478,158.91 to NGP Van Inc. for “database 

6 subscription” and “processing fees,” $5,083,361.49 to Upland Software Inc. for “software,” and 

7 $2,019,395.00 to Action Squared Inc. for “text message/email outreach” and “text message 

outreach.”47 8 The individual disbursements summarized above are listed in the Appendix to this 

9 Analysis, span the time period from November 4, 2020, through March 23, 2023, and total 

$7,580,915.41.48 10 

11 The Biden Committee did not disclose any debt, nor indicate its engagement in debt 

fundraising, in any of its reports following the 2020 general election.49 12 

45 FEC Receipts: Filtered Results, FEC.GOV, 

https://www.fec.gov/data/receipts/?cycle=2022&data_type=processed&committee_id=C00703975&min_date=11%

2F04%2F2020&line_number=F3P-18 (last visited May 2, 2023) (showing all transfers from author authorized 

committees reported by the Biden Committee between November 4, 2020, and March 31, 2023).

46 This figure excludes contribution refunds. FEC Disbursements: Filtered Results, FEC.GOV, 

https://www.fec.gov/data/disbursements/?data_type=processed&committee_id=C00703975&min_date=11%2F04%

2F2020&max_date=03%2F31%2F2023 [hereinafter Biden Committee Disbursements] (last visited May 2, 2023) 

(showing all reported disbursements made by the Biden Committee after the November 3, 2020 general election); 

see Compl. ¶ 36 (Oct. 12, 2021), MUR 7931 [hereinafter MUR 7931 Compl.]; MUR 8059 Compl. ¶ 10.

47 Biden Committee Disbursements; see MUR 7931 Compl. ¶ 37; MUR 8059 Compl. ¶ 10. The Complaints

do not identify Action Squared Inc. as the vendor to which these disbursements were made, but Action Squared Inc.

is the only vendor to have received disbursements for the above-quoted enumerated purposes from the Biden

Committee. 

48 See App’x.

49 MUR 7931 Compl. ¶ 35; see Biden Committee, 2020 Post-General Report; Biden Committee, 2020 YearEnd Report; Biden Committee, 2021 April Quarterly Report; Biden Committee, 2021 July Quarterly Report; Biden

Committee, 2021 October Quarterly Report; Biden Committee, 2021 Year-End Report; Biden Committee, 2022

April Quarterly Report; Biden Committee, 2022 July Quarterly Report; Biden Committee, 2022 October Quarterly

Report; Biden Committee, 2022 Year-End Report; Biden Committee, 2023 April Quarterly Report.

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ATTACHMENT A 

1 2. The Victory Fund 

2 The Victory Fund is a joint fundraising representative for the Biden Committee, the 

DNC, and multiple state parties’ federal committees.50 3 In its Response, the Biden Committee 

4 asserted that the Victory Fund “is not authorized to, and has not,” raised any funds for Biden in 

the 2024 presidential election, to which the Victory Fund also attests.51 5 Since the 2020 general 

6 election, the Victory Fund has reported receiving $73,740,037.29 in total receipts, of which 

$73,172,580.88 was reported as contributions.52 7 It states that all contributions received for the 

8 Biden Committee were made to it on or before Election Day, and that no contributions received 

50 Biden Victory Fund, Amended Statement of Organization (July 1, 2022), 

https://docquery.fec.gov/pdf/159/202207019517783159/202207019517783159.pdf.

51 MUR 7931 Biden Resp. at 5; see MUR 7931 Vogel Decl. ¶ 9 (“[The Biden Committee] has not given 

consent to [the Victory Fund] to accept contributions or make expenditures on behalf of President Biden for the 

2024 election cycle.”); Smolkis Decl. ¶ 11.

52 Biden Victory Fund, Amended 2020 Post-General Report (May 11, 2021), https://docquery.fec.gov/cgibin/forms/C00744946/1515838/ (reporting receipts of $72,900,339.38, of which $72,567,523.96 was contributions);

Biden Victory Fund, 2020 Year-End Report (Jan. 31, 2021), https://docquery.fec.gov/cgibin/forms/C00744946/1497210/ (reporting receipts of $393,379.35of which $390,682.58 was contributions); Biden 

Victory Fund,Amended 2021 April Quarterly Report at 3 (July 15, 2021), 

https://docquery.fec.gov/pdf/853/202107159451575853/202107159451575853.pdf (reporting $329,187.84 in

receipts of which $177,032.27 was contributions); Biden Victory Fund, 2021 July Quarterly Report at 3 (July 15, 

2021), https://docquery.fec.gov/pdf/154/202107159451638154/202107159451638154.pdf (reporting receipts of 

$34,865.35 of which $34,611.00 was contributions); Biden Victory Fund, 2021 October Quarterly Report at 3 (Oct. 

15, 2021), https://docquery.fec.gov/pdf/609/202110159467790609/202110159467790609.pdf (reporting 

$2,709.07in receipts of which all was contributions); Biden Victory Fund, 2021 Year-End Report at 3 (Jan. 31, 

2022), https://docquery.fec.gov/pdf/728/202201319485153728/202201319485153728.pdf (reporting receipts of 

$29,548.70 of which $22.00 was contributions); Biden Victory Fund, 2022 April Quarterly Report at 3 (Apr. 15, 

2022), https://docquery.fec.gov/pdf/973/202204159496307973/202204159496307973.pdf (reporting no receipts); 

Biden Victory Fund, 2022 July Quarterly Report at 3 (July 15, 2022),

https://docquery.fec.gov/pdf/761/202207159521232761/202207159521232761.pdf (reporting $7.60 in receipts of

which non was contributions); Biden Victory Fund, 2022 October Quarterly Report at 3 (Oct. 15, 2022), 

https://docquery.fec.gov/pdf/658/202210159532615658/202210159532615658.pdf (reporting no receipts); Biden 

Victory Fund, 2022 Post-General Report at 3 (Dec. 8, 2022), 

https://docquery.fec.gov/pdf/784/202212089557166784/202212089557166784.pdf (reporting no receipts); Biden 

Victory Fund, 2022 Year-End Report at 3 (Jan. 31, 2023),

https://docquery.fec.gov/pdf/383/202301319576509383/202301319576509383.pdf (reporting no receipts); Biden

Victory Fund, 2023 April Quarterly Report at 3 (Apr. 15, 2023), 

https://docquery.fec.gov/pdf/679/202304159581013679/202304159581013679.pdf (reporting receipts of $50,000.00 

of which none was contributions); see MUR 7931 Compl. ¶¶ 25-28, 32.

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ATTACHMENT A 

after Election Day have been transferred to the Biden Committee.53 1 It has also reported spending 

$78,027,083.84,54 2 including $100,000 to Vox Media LLC on March 1, 2021, for “online 

fundraising.”55 3 In addition, the Victory Fund transferred $20,221,129.23 to the Biden 

4 Committee as shown below: 

Date Amount Description Election 

Designation

November 17, 2020 $6,000,000.00 Transfer Out Affiliated 2020 General

56

November 24, 2020 $6,000,000.00 Transfer Out Affiliated not indicated57

November 24, 2020 $554,438.30 Salary & Overhead Expenses not indicated58

December 15, 2020 $1,500,000.00 Transfer Out Affiliated not indicated59

January 5, 2021 $6,150,000.00 Transfer Out Affiliated 2020 General60

March 5, 2021 $11,690.93 Salary & Overhead Expenses not indicated61

53 Biden Victory Fund Resp. at 2 (Dec. 19, 2021), MUR 7931 [hereinafter Victory Fund Resp.]. The Victory

Fund notes that, after the 2020 election, it “also invited individuals to contribute via its online merchandise store for

a period of time with the portion of the funds allocated to [the Biden Committee] designated for [the Biden

Committee’s] recount account. None of these funds were transferred to [the Biden Committee]. Only five donors

made contributions with any portion of funds allocated to [the Biden Committee’s] recount account, and the [Biden

Committee] portion of those individuals’ contributions was refunded by [the Victory Fund] and never transferred to

[the Biden Committee].” Id. Joseph Smolkis, the treasurer for the Victory Fund at the time of its Response, also

attests that the Victory Fund “still has contributions made on or before Election Day that are allocated for, but not

yet transferred to” the Biden Committee because it is necessary for the Victory Fund to “ensure that it has received

and paid all invoices related to its 2020 fundraising and subsequent winddown before it can make final transfers to

its participating committees.” Victory Fund Resp., Attach. ¶ 10 (Decl. of Joseph Smolkis) [hereinafter Smolkis

Decl.].

54 FEC Disbursements: Filtered Results, FEC.GOV, 

https://www.fec.gov/data/disbursements/?data_type=processed&committee_id=C00744946&min_date=11%2F04%

2F2020 (last visited May 2, 2023) (showing all disbursements by Biden Victory fund from November 4, 2020, 

through March 31, 2023).

55 Biden Victory Fund, Amended 2021 April Quarterly Report, Sched. B at 84 (July 15, 2021), 

https://docquery.fec.gov/pdf/853/202107159451575853/202107159451575853.pdf; see MUR 7931 Compl. ¶ 34.

56 Biden Victory Fund, 2020 30-Day Post-General Report, Sched. B at 76,741 (Dec. 3, 2020), 

https://docquery.fec.gov/pdf/791/202012039342488791/202012039342488791.pdf. 

57 Biden Victory Fund, 2020 Year-End Report, Sched. B at 1179 (Jan. 31, 2021),

https://docquery.fec.gov/pdf/779/202101319424071779/202101319424071779.pdf. 

58 Id. at 1139.

59 Id. at 1199.

60 Biden Victory Fund, Amended 2021 April Quarterly Report, Sched. B at 101 (July 15, 2021),

61 Id. at 90.

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ATTACHMENT A 

June 30, 2021 $5,000.00 Transfer Out Affiliated 2020 General62

Total: $20,221,129.23

 1 

2 In its 2020 Year-End Report, the Victory Fund disclosed debts of $3,090.00 to Mal Warwick & 

3 Associates, Inc. for “Direct Mail,” but provided no indication that it had engaged in debtsettlement fundraising.63 4 

5 C. The Complaints and Responses

6 The Complaints allege that Biden became a candidate for President in the 2024 election 

7 cycle by both making a private determination to run and by raising and spending greater than 

$5,000 in support of his candidacy via the Biden Committee and the Victory Fund64 8 beginning 

9 shortly after his election in November 2020, and that he accordingly failed to timely file a 

Statement of Candidacy and designate a principal campaign committee.65 10 The MUR 7931 

11 Complaint questions how certain disbursements made through 2021 can be designated for the 

12 2020 election cycle and alleges that the Biden Committee either incorrectly reported the election 

13 cycle for its expenditures or failed to report any debts or outstanding liabilities from the 2020 

62 Biden Victory Fund, 2021 July Quarterly Report, Sched. B at 32 (July 15, 2021),

https://docquery.fec.gov/pdf/154/202107159451638154/202107159451638154.pdf

63 Biden Victory Fund, 2020 Year-End Report, Sched. D at 1347 (Jan. 31, 2021),

https://docquery.fec.gov/pdf/779/202101319424071779/202101319424071779.pdf; see MUR 7931 Compl. ¶¶ 29-

30.

64 The MUR 7931 Complaint alleges that both the Biden Committee’s and the Victory Fund’s fundraising and

spending has caused Biden to cross the $5,000 statutory threshold for candidacy. See MUR 7931 Compl. ¶¶ 36, 49.

The MUR 8059 Complaint makes the allegation solely as to the Biden Committee. See MUR 8059 Compl. ¶ 22.

65 MUR 7931 Compl. ¶¶ 39-44; MUR 7931 First Supp. Compl. at 1-2; MUR 7931 Second Supp. Compl. at 1;

MUR 8059 Compl. ¶¶ 22-31.

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ATTACHMENT A 

general election.66 1 Finally, the MUR 7931 Complaint alleges that the Biden Committee has 

failed to amend its Statement of Organization to reflect Biden’s 2024 candidacy.67 2 

3 The Responses and three attached sworn declarations deny that Biden had, at the time of 

4 their submission, become a candidate for the 2024 election cycle, stating that Biden had neither 

made a decision to run nor raised or spent $5,000 or more in support of any 2024 campaign.68 5 

6 Regarding first whether Biden had determined to run, Biden and the Biden Committee state that 

7 Biden had “a general intent to run for re-election, [b]ut he has not decided for certain that he will 

do so,”69 8 and that he “has repeatedly stated that he will make a final decision as to whether to run 

for reelection after the [2022] mid-term elections.”70 9 

10 Regarding whether Biden or entities he has authorized to fundraise on his behalf have 

11 raised greater than the $5,000 threshold for candidacy under the Act, Biden and the Biden 

12 Committee aver that the Biden Committee ceased soliciting contributions on Election Day 2020, 

13 and that all contributions received thereafter were “solicited and made on or before Election Day 

or else refunded.”71 14 They further state, as does the Victory Fund, that “all funds [the Victory 

15 Fund] transferred to [the Biden Committee] were comprised solely of contributions made to [the 

66 MUR 7931 Compl. ¶¶ 37-38.

67 Compl. ¶¶ 39-51, 66-82.

68 MUR 7931 Biden Resp. at 3-7; Biden & Biden Committee Supp. Joint Resp. at 1-3 (July 29, 2022), MUR

7931 [hereinafter MUR 7931 Biden Supp. Resp.]; MUR 8059 Biden Resp. at 1-3; Victory Fund Resp. at 2-5.

69 MUR 7931 Biden Supp. Resp. at 2.

70 MUR 8059 Biden Resp. at 1 n.3.

71 MUR 7931 Biden Resp. at 2; id., Attach. ¶¶ 3-5 (Decl. of Taryn Vogel) [hereinafter MUR 7931 Vogel

Decl.]. Vogel is the founder of BlueBird Consulting LLC, which provides compliance consulting services for the

Biden Committee. MUR 7931 Vogel Decl. ¶ 1.

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ATTACHMENT A 

Victory Fund] on or before Election Day.”72 1 With respect to funds received by the Victory Fund 

2 after Election Day as a result of pre-Election Day solicitations, the Victory Fund states that 

3 “none of the contributions made after Election Day were allocated or transferred to” the Biden 

Committee,73 4 and the Biden Committee notes that funds raised after Election Day by the Victory 

Fund “were allocated to the accounts of other [joint fundraising] participants or refunded.”74 5 

6 Respondents attest that, as of the dates of the declarations and prior to Biden’s formal 

7 announcement, the Victory Fund “has not received consent from President Biden or [the Biden 

Campaign] to solicit or accept contributions on behalf of either for the 2024 election cycle.”75 8 

9 Regarding whether Biden or his committees have spent $5,000 or more in support of his 

10 2024 candidacy, both the Biden Committee and the Victory Fund deny that they had spent any 

funds to “influence the 2024 presidential election” at the time of the Responses.76 11 With respect 

12 to the $478,158.91 that the Biden Committee disbursed to NGP Van Inc. for a “database 

13 subscription,” the Biden Committee states, relying upon a sworn declaration from its campaign 

14 consultant, that these payments were for an “accounting and compliance database subscription 

15 necessary to maintain records to comply with the Act” and “necessary for operations during the 

72 MUR 7931 Biden Resp at 2; see also Biden Victory Fund Resp. at 2 (“The only funds [the Victory Fund]

has transferred to [the Biden campaign] were for the 2020 primary or general election and were made from funds

contributed to [the Victory Fund] on or before Election Day.”); MUR 7931 Vogel Decl. ¶ 5; Smolkis Decl. ¶ 7.

73 Victory Fund Resp. at 2; Smolkis Decl. ¶¶ 7-8.

74 MUR 7931 Biden Resp. at 3; MUR 7931 Vogel Decl. ¶ 5.

75 Smolkis Decl. ¶ 11; see MUR 7931 Biden Resp. at 5 (“[The Victory Fund] is not authorized to, and has not,

raised or spent any funds for President Biden in the 2024 presidential election.”); MUR 7931 Vogel Decl. ¶ 9 (“[The

Biden Committee] has not given consent to [the Victory Fund] to accept contributions or make expenditures on

behalf of President Biden for the 2024 election cycle.”).

76 MUR 7931 Biden Resp. at 2; see MUR 7931 Biden Supp. Resp. at 3 (“In short, [the Biden Committee] has

not made any expenditures for the purpose of influencing the 2024 presidential election.”); Victory Fund Resp. at 2

(“[The Victory Fund] has not made any expenditures that advocate for President Biden’s re-election in 2024 or that

are otherwise in connection with that election.”).

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ATTACHMENT A 

1 wind down and the Commission’s reporting requirements, and costs necessary to protect [the 

Biden Committee’s] intellectual property.”77 2 Concerning the $5,083,361.49 disbursed to Upland 

3 Software Inc. for “software,” the Biden Committee states that the payments were “related to [the 

Biden Committee’s] ownership of a[n] SMS short code.”78 4 With respect to the $2,019,395 the 

5 Biden Committee has disbursed to Action Squared Inc. for “text message/email outreach” and 

“text message outreach,”79 6 the Biden Committee states that these payments: 

7 relate to ongoing communications by the President to his supporters who have 

8 opted-in to receive messages, encouraging them to make contributions to the 

9 [DNC] . . . in 2021 and 2022. . . . The messages make no reference to the 2024 

election or the potential of President Biden running for re-election.80 10 

11 With respect to the $100,000 disbursed by the Victory Fund to Vox Media LLC for online 

12 fundraising, Respondents state that this “expenditure was for an advertisement purchased in 

August 2020 but for which [the Victory Fund] received an invoice in 2021.”81 13 

77 MUR 7931 Biden Resp. at 5. Vogel states that the Biden Committee “made disbursements to NGP VAN

Inc. . . . to maintain and use an accounting and compliance database [that it uses] for filing reports with the

Commission, maintaining [the Biden Committee’s] accounts, and other accounting and compliance needs.” Id. ¶ 7;

see also MUR 8059 Biden Resp., Attach. ¶ 4 (Decl. of Taryn Vogel) [hereinafter MUR 8059 Vogel Decl.].

78 MUR 7931 Biden Resp. at 2, 5; MUR 7931 Vogel Decl. ¶ 8 (“[The Biden Committee] made disbursements

to Upland Software Inc. . . . to maintain ownership of [its] SMS short code phone number, used for communications

with [the Biden Committee].”). An SMS short code is an abbreviated phone number of generally five or six digits

that can send and receive text messages at high volume without being flagged as spam by mobile carriers because

they are pre-approved and not subject to the same filtering mechanisms applied to standard 10-digit telephone

numbers. See Short Code, TWILIO, https://www.twilio.com/docs/glossary/what-is-a-short-code (last visited May 2, 

2023).

79 Biden Committee Disbursements; see MUR 7931 Compl. ¶ 37; MUR 8059 Compl. ¶ 10. 

80 MUR 8059 Biden Resp. at 2; see MUR 8059 Vogel Decl. ¶ 5.

81 MUR 7931 Biden Resp. at 3; Victory Fund Resp. at 5 (“The online fundraising ads [the Victory Fund] ran

through Vox Media, LLC were run in August 2020, but [the Victory Fund] received its invoice for this purchase in

2021. As such, the payment was made and reported in 2021.”); see Smolkis Decl. ¶ 6 (“[The Victory Fund] made a

disbursement of $100,000 to Vox Media, LLC on March 1, 2021 for online fundraising costs related to advertising

run in August 2020. [The Victory Fund] received an invoice for these costs in 2021.”).

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ATTACHMENT A 

1 The Biden Committee further denies that it failed to amend its Statement of Organization 

2 with the Commission, “because [a Statement of Organization] does not require the campaign 

committee to identify the election for which the candidate seeks office.”82 3 

4 3. LEGAL ANALYSIS

5 A. The Commission Finds No Reason to Believe that Joseph R. Biden Failed to 

6 Timely File a Statement of Candidacy and Designate an Authorized 

7 Committee

8 As discussed below, the available information strongly supports the Complaints’ 

9 allegations that Biden made a private decision to run for reelection prior to the time of his formal 

10 announcement in 2023. At the same time, the available information does not indicate that 

11 Respondents engaged in any spending in furtherance of that potential candidacy. Finally, the 

12 available information supports Respondents’ claim that they did not receive contributions for 

13 Biden’s reelection, at least until the April 2023 formal announcement. 

14 1. The Available Information Indicates that Biden Decided to Run for Reelection 

15 in 2024 as Early as March 2021

16 Under the Act and Commission regulations, an individual becomes a candidate when the 

person (1) decides to run for office83 17 and (2) receives contributions or makes expenditures 

18 exceeding $5,000, either directly or through an entity the candidate has consented to receive 

contributions or make expenditures on their behalf.84 19 

82 Resp. at 7.

83 11 C.F.R. §§ 100.72(b), 100.131(b). Though the Act defines candidacy in terms of crossing the $5,000

threshold discussed below in note 83 and the accompanying text, by definition, a contribution or expenditure must

be “for the purpose of influencing any election for Federal office.” See 52 U.S.C. § 30101(8)(A) (defining

contribution); 11 C.F.R. § 100.52(a) (same); 52 U.S.C. § 30101(9)(A) (defining expenditure); 11 C.F.R.

§ 100.111(a) (same). Until an individual has decided to run for federal office, the money they raise and spend for

themselves cannot be “for the purpose of influencing any election for Federal office.” 52 U.S.C. § 30101(8)(A),

(9)); 11 C.F.R. §§ 100.52(a), 100.111(a). Accordingly, an individual must have made this determination in order to

cross the contribution or expenditure threshold at 52 U.S.C. § 30101(2).

84 52 U.S.C. § 30101(2).

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1 Commission regulations set forth a non-exhaustive set of “[e]xamples of activities that 

indicate that an individual has decided to become a candidate.”85 2 Such indicia include: (1) using 

3 “general public political advertising to publicize his or her intention to campaign for federal 

office”;86 4 (2) raising “funds in excess of what could reasonably be expected to be used for 

5 exploratory activities or undertak[ing] activity designed to amass campaign funds that would be 

spent after he or she becomes a candidate”;87 6 (3) making or authorizing “written or oral 

statements that refer to the individual as a candidate for a particular office”;88 7 (4) conducting 

“activities in close proximity to the election or over a protracted period of time”;89 8 and (5) taking 

“action to qualify for the ballot under state law.”90 9 

10 In previous matters, the Commission has found reason to believe that an individual had 

11 become a candidate and failed to timely file a Statement of Candidacy when public statements 

12 and other indicia showed that the respondent had determined to run for office. In MUR 6449 

13 (Jon Bruning, et al), the Commission found that an individual who had publicly said “I want to 

14 run. I’m ready to run” and made a solicitation to “help [him] defeat” his primary opponent had 

made the decision to campaign for office and become a candidate under the Act.91 15 In MUR 6735 

16 (Joseph A. Sestak, et al.), the Commission found that an individual who had solicited funds via 

17 emails asking for support in his attempt to “seek the U.S. Senate” and to “help [him] serve you, 

18 again” indicated that he had determined to run and was not testing the waters for a potential 

85 11 C.F.R. §§ 100.72(b), 100.131(b).

86 Id. §§ 100.72(b)(1), 100.131(b)(1).

87 Id. §§ 100.72(b)(2), 100.131(b)(2).

88 Id. §§ 100.72(b)(3), 100.131(b)(3).

89 Id. §§ 100.72(b)(4), 100.131(b)(4).

90 Id. §§ 100.72(b)(5), 100.131(b)(5).

91 Factual & Legal Analysis (“F&LA”) at 7-9, MUR 6449 (Jon Bruning, et al.).

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campaign.92 1 And in MUR 5908 (Duncan Hunter, et al.), the Commission found that an 

2 individual who stated, inter alia, “while I’ve announced that I am preparing to run for president, 

I have not made a formal announcement of my candidacy” had, in fact, become a candidate.93 3 

4 Further, in Advisory Opinion 2015-09, the Commission advised that an individual 

5 becomes a candidate when the individual passes the $5,000 threshold and “when he or she makes 

a private determination that he or she will run for federal office.”94 6 When determining whether 

7 an individual “has made a decision to run for federal office, [the Commission] assesses an 

8 individual’s objectively deliberate actions to discern whether and when an individual decided to 

become a candidate.”95 9 The Commission has also advised that “[a] non-conditional statement by 

10 an individual (directly or indirectly) that he or she ‘will’ announce his or her candidacy on a 

given date unambiguously indicates that the individual has decided to become a candidate.”96 11 

12 Here, Biden’s activities indicate that he had decided to run for reelection in 2024 as early 

13 as March 25, 2021. As set forth in the Commission’s non-exhaustive list of activities that 

14 indicate when an individual has decided to become a candidate, one such indication is that the 

15 individual has made or authorized statements that refer to the individual as a candidate for a 

particular office.97 16 Biden and his surrogates’ public statements have consistently indicated that 

17 he had decided to run for reelection in 2024 well prior to his April 2023 formal announcement 

92 F&LA at 7-8, MUR 6735 (Joseph A. Sestak, et al.).

93 F&LA at 4-5, MUR 5908 (Duncan Hunter).

94 Advisory Opinion 2015-09 at 5 (Senate Majority PAC & House Majority PAC) (“AO 2015-09”).

95 F&LA at 17, MURs 6955, 6983 (John R. Kasich, et al.); see AO 2015-09 at 5 (noting that an individual

becomes a candidate when she exceeds the $5,000 threshold and “makes a private determination that . . . she will

run for federal office”).

96 AO 2015-09 at 6.

97 11 C.F.R. §§ 100.72(b)(3), 100.131(b)(3).

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1 regarding his candidacy. Below is a chart detailing some of his statements since March 2021, 

2 discussed in Part II.A, above: 

Date Speaker Statement

Mar. 25,

2021

Joseph Biden Regarding whether he had decided to run in 2024, “[T]he answer is 

‘yes.’ My plan is to run for reelection. That’s my expectation.”98

Nov. 22,

2021

Jen Psaki (thenPress Secretary)Regarding whether Biden is going to run in 2024, “He is, that’s his 

intention.”99

Nov. 2021

(approx.)

Joseph Biden Regarding whether he would run for reelection in 2024, “Yes!”100

Jan. 19,

2022

Joseph Biden Regarding whether Vice President Kamala Harris would be his Vice 

President on the 2024 ticket and whether he thought she was doing a 

good job on voting rights policies, “Yes and yes.”101

June 13,

2022

Karine JeanPierre (Press 

Secretary)

“Yes, he’s running for reelection. I’m — I can’t say more than 

that.”102

To be clear, as the President has said repeatedly, he plans to run in 

2024.”103

June 27,

2022

Kamala Harris 

(Vice President)

“Joe Biden is running for reelection and I will be his ticket-mate. 

Full stop.”104

 3 

4 

98 March 25, 2021 Biden Remarks.

99 Nov. 22, 2021 White House Press Gaggle.

100 Debenedetti, supra note 6.

101 Jan. 19, 2022 Biden Remarks.

102 June 13, 2022 White House Press Briefing.

103 Jean-Pierre, supra note 10.

104 Bash, supra note 12.

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Date Speaker Statement

June 29,

2022

Kamala Harris “The president intends to run and if he does, I will be his ticket 

mate. We will run together.”105

July 2022 

(approx.) 

Joseph Biden Reportedly stating to donors and others that he is “their strongest 

candidate to beat Donald Trump — or another GOP candidate — in

2024.”106

July 28,

2022

Karine JeanPierre“I’m going to be very clear; I’m going to say this once — and the 

President has been very clear about this: He intends to run in 2024. 

And he is going to — until then, he is going to do the business of the 

American people as he has been doing for the past 18 months.”107

July 29,

2022

Karine JeanPierreStating twice, “The President intends to run in 2024.”108

August 1,

2022

Karine JeanPierreStating twice that Biden “intends to run” and that he has “said that 

multiple times.”109

Aug. 4,

2022

Pete Buttigieg

(Secretary of 

Transportation)

“I’m looking forward to supporting the president’s reelection. That

is as much as I can say about these things while I’m here on an 

official capacity.”110

Aug. 14,

2022

Karine JeanPierre

“He intends to run. He intends to run.”111

Aug. 2022

(approx.) 

Cedric Richmond 

(former aide)

“It is clear-cut that [Biden’s] our best candidate If he says he’s

planning on running, he’s running.”112

Anita Dunn 

(longtime aide)

“The president has said he’s planning on running again. People 

should take him at his word.”113

 1 

2 

105 Logan & Bierman, supra note 13.

106 Dovere, supra note 15.

107 July 28, 2022 White House Press Briefing.

108 July 29, 2022 White House Press Briefing.

109 Aug. 1, 2022 White House Press Briefing.

110 Squawk Box, supra note 21.

111 Cupp, supra note 20.

112 Sink & Wingrove, supra note 22.

113 Id. 

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 1 

Date Speaker Statement

Sept. 2,

2022

Joseph Biden Reportedly, “I’m going to do it again. I’m going.”114

Sept. 26,

2022

Karine JeanPierre

“So, as you know, I’m — I’m very limited on how I can discuss any 

kind of elections. I will reiterate what we have said many times

from here, what the President has said many times, even recently — 

as recently as the 60 Minutes interview — is that he intends to run. I 

don’t have any more announcements on that.”115

Sept. 2022 

(approx.) 

Cedric Richmond “He’s running and we’re building an infrastructure for him to run 

and win. Right now, it’s all an early investment in 2024 while we’re 

helping 2022.”116

Oct. 21,

2022

Joseph Biden “The reason I’m not making a judgment about formally running or 

not running, once I make that judgment, a whole series of 

regulations kick in and I have to be — I treat myself as a candidate 

from that moment on. I have not made that formal decision, but it’s 

my intention — my intention to run again. And we have time to 

make that decision.”117

Nov. 9,

2022

Joseph Biden When asked what he would say to the Americans who do not think 

he should run for reelection, “Watch me.”118

Dec. 1,

2022

Dr.Jill Biden 

(First Lady)

When asked if she was ready for another campaign, responding, 

“Absolutely.”119

Joseph Biden Reportedly joined in a toast with French President Emmanuel

Macron made to his 2024 campaign.120

 2 

3 Though the Responses state that Biden had not, at the time of their submission, 

“decided for certain” to run for reelection in 2024,121 4 Biden’s and his surrogates’ public 

5 statements as early as March 2021 indicate that he intended to do so. In MUR 5908, the 

6 Commission found that a statement that the individual had “announced that I am preparing to run 

7 for president, [but] I have not made a formal announcement of my candidacy” was sufficient 

114 Allen, supra note 30.

115 Sept. 26, 2022 White House Press Briefing.

116 Gangitano, supra note 25.

117 MSNBC, supra note 29.

118 Nov. 9, 2022 Biden Remarks.

119 Rogers & Karni, supra note 32.

120 Id. 

121 MUR 7931 Biden Supp. Resp. at 2.

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1 basis on which to determine the individual had decided to run for office and become a 

candidate;122 2 accordingly, Biden’s statements that he intended to run for reelection likewise 

3 present a sufficient basis for the Commission to conclude that Biden had decided to become a 

4 candidate. In addition to the statements already discussed, press reports relying on unnamed 

5 sources close to the White House indicate that Biden planned a “spring 2023 formal reelection 

campaign launch,”123 6 precisely in line with the timing of Biden’s actual formal announcement on 

April 25, 2023.124 7 

8 Respondents principally appear to contend that the numerous statements do not indicate 

9 that Biden has made a private determination to run. However, while Biden’s statements that he 

10 “intends” to run may be arguably less direct than a statement indicating that he “will” run, Biden 

said that he had made a decision that he “plan[s] to run for reelection,”125 11 with both the Press 

Secretary stating, “Yes, he’s running for reelection. I’m – I can’t say more than that,”126 12 and 

13 Vice President Harris stating, “Joe Biden is running for reelection and I will be his ticket-mate. 

Full stop.”127 14 Though Biden and his surrogates subsequently stated that he had not made a 

15 formal decision regarding his 2024 candidacy, the Commission has previously advised that, 

16 where an individual makes a statement evincing that they have decided to become a candidate, 

122 F&LA at 4-5, MUR 5908 (Duncan Hunter).

123 Dovere, supra note 15.

124 Joe Biden (@JoeBiden), TWITTER (Apr. 25, 2023, 6:00 AM),

https://twitter.com/JoeBiden/status/1650801827728986112.

125 March 25, 2021 Biden Remarks (emphasis added).

126 June 13, 2022 White House Press Briefing.

127 Bash, supra note 12.

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“the statement may trigger candidacy regardless of subsequent retraction attempts.”128 1 Further, 

2 in MURs 6955, 6983 (John R. Kasich, et al.), the Commission found that a “‘non-conditional 

3 statement’ by an individual . . . that he or she ‘will announce his or her candidacy on a given date 

unambiguously indicates that the individual has decided to become a candidate.’”129 4 

5 The Responses do not dispute the accuracy of any of the statements attributed to Biden or 

6 his surrogates in the Complaints, and instead assert that one of the Complaints “focuses on 

7 anonymously sourced news stories, musings by political insiders, and half-quotes from White 

House staff”130 8 and that the statements do not have “any bearing on the question at issue” 

regarding whether Biden has raised or spent $5,000 or more for the 2024 presidential election.131 9 

10 Here, as in the matters discussed above in which the Commission evaluated candidate statements

11 using objective criteria, Biden’s and his surrogate’s public statements have made clear that he 

12 determined to run for reelection in 2024 as early as March 25, 2021. These statements alone 

would be sufficient to indicate that Biden has “made a decision to become a candidate.”132 13 

14 Further, one of the factors the Commission has identified as indicia that a candidate has 

15 determined to run for office is whether the individual is “conducting activities in close proximity 

to the election or over a protracted period of time.”133 16 As discussed above, at the time of the 

17 First General Counsel’s Report, Biden had made public statements indicating that he had 

128 AO 2015-09 at 6 (citing F&LA at 4-8, MUR 5363 (Sharpton) (finding that once individual’s actions trigger

candidate status, “equivocal statements of intent . . . do not eradicate the [Act’s candidate] registration and reporting

requirements”)).

129 F&LA at 17-18, MURs 6955, 6983 (John R. Kasich, et al.) (quoting AO 2015-09 at 6 (emphasis in

original) (internal quotation marks omitted)).

130 MUR 8059 Joint Resp. at 2 n.4.

131 MUR 7931 Joint Supp. Resp. at 2.

132 F&LA at 17, MURs 6955, 6983 (John R. Kasich, et al.).

133 11 C.F.R. §§ 100.72(b), 100.131(b). 

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1 determined to run for president over a period spanning approximately two years. Though the 

2 Commission has not elaborated on what constitutes a “protracted period of time,” and noted in 

3 the testing-the-waters context that “the length of time that an individual spends deliberating 

4 whether to become a candidate is one factor and does not, in and of itself, determine whether the 

individual has become a candidate,”134 5 two years, or half a presidential term, appears to fall 

within the scope of a “protracted period of time.”135 6 

7 2. The Available Information Does Not Indicate That Biden or the Biden 

8 Committee Made More Than $5,000 in Expenditures

9 As discussed above, once an individual decides to run for office, the individual becomes 

10 a candidate under the Act when: (a) such individual receives contributions or makes 

11 expenditures in excess of $5,000; or (b) such individual gives their consent to another person to 

12 receive contributions or make expenditures on behalf of such individual and if such person has 

received contributions or has made such expenditures in excess of $5,000.136 13 Once the $5,000 

14 threshold has been met, the candidate has 15 days to designate a principal campaign committee 

by filing a Statement of Candidacy with the Commission.137 15 The principal campaign committee 

134 AO 2015-09 at 6.

135 Cf. F&LA at 2, 12, MUR 6776 (Niger Innis, et al.) (dismissing where candidate had tested the waters for a

period of approximately six months); F&LA at 8-9, MURs 7689, 7794 (Amanda Adkins for Congress, et al.)

(same). The Commission has previously advised that, if an individual engaged in testing-the-waters activities for

“several months” in one year, and his activities extended into the next year, the duration of those activities “would

be very significant in determining the applicability of the [testing-the-waters] exemptions” in the latter year. See

Advisory Opinion 1981-32 at 5 (Reubin Askew) (“AO 1981-32”). This would appear to indicate that the

Commission would consider periods of time greater than a year are generally a “protracted period of time” as

contemplated by 11 C.F.R. §§ 100.72(b)(4), 100.131(b)(4).

136 52 U.S.C. § 30101(2); see also AO 2015-09 at 5 (reiterating the “consent” standard).

137 52 U.S.C. § 30102(e)(1); 11 C.F.R. § 101.1(a).

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must file a Statement of Organization within ten days of its designation,138 1 and it must file 

disclosure reports with the Commission.139 2 

3 The Commission has established “testing-the-waters” regulations excepting from the 

4 definitions of “contribution” and “expenditure” funds received and payments made solely to 

5 determine whether an individual should become a candidate, thereby permitting an individual to 

6 test the feasibility of a campaign for federal office without becoming a candidate under the 

Act.140 7 These testing-the-waters regulations seek to draw a distinction between activities 

8 directed to evaluating the feasibility of one’s candidacy and conduct signifying that a decision to 

become a candidate has been made.141 9 The testing-the-waters exceptions are not available to an 

10 individual who has decided to become a candidate, even if the individual has made only “a 

private determination that he or she will run for federal office.”142 11 

12 The Commission’s regulations further provide that funds in a campaign account may be 

13 used for the “ordinary and necessary expenses incurred in connection with the recipient’s duties 

14 as a holder of Federal office,” such as “[t]he costs of winding down the office of a former 

Federal officeholder for a period of [six] months after he or she leaves office.”143 15 The 

16 Commission has advised that winding-down costs include “the ‘necessary administrative costs’ 

17 of terminating a campaign or congressional office, such as office space rental, staff salaries and 

138 See 52 U.S.C. § 30103(a); 11 C.F.R. § 102.1(a).

139 52 U.S.C. § 30104(a), (b); see, e.g., F&LA at 6, MUR 6735 (Joseph A. Sestak, et al.); F&LA at 5,

MUR 6449 (Jon Bruning, et al.); F&LA at 2, MUR 5363 (Alfred C. Sharpton).

140 See 11 C.F.R. §§ 100.72, 100.131; F&LA at 8, MUR 6776 (Niger Innis, et al.); F&LA at 7, MUR 6775

(Hillary Clinton, et al.); F&LA at 6, MUR 6735 (Joseph A. Sestak, et al.).

141 See AO 1981-32.

142 See AO 2015-09 at 5; see also Payments Received for Testing the Waters Activities, 50 Fed. Reg. 9992,

9993 (Mar. 13, 1985) (noting exemption “explicitly limited ‘solely’ to activities designed to evaluate a potential

candidacy”).

143 11 C.F.R. § 113.2(a)(2), (e).

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office supplies.”144 1 Although Commission regulations contemplate a time limit of six months for 

when a campaign for a former officeholder may use funds to pay for winding down costs,145 2 the 

3 Commission has explained that this provision is a safe harbor that “does not preclude a former 

4 officeholder who can demonstrate that he or she has incurred ordinary and necessary winding 

5 down expenses more than six months after leaving office from using campaign funds to pay 

those expenses.”146 6 

7 As discussed above, Biden appears to have made a decision to run for reelection in 2024 

8 as early as March 2021, but he does not become a candidate under the Act unless he, or another 

9 person to whom he has given consent to do so, raises or spends in excess of $5,000 in support of 

a 2024 candidacy.147 10 

11 Here, the available information does not indicate that Biden passed the $5,000 threshold 

12 triggering status as a candidate via funds spent by the Biden Committee in support of his 2024 

candidacy prior to his formal campaign announcement.148 13 

144 Advisory Opinion 2013-05 at 3 (Elton Gallegly); see Advisory Opinion 1993-06 at 1, 5-6 (Citizens for

Congressman Panetta) (advising that committee could use campaign funds for expenses such as “telephone and

clerical costs of winding down previous campaign activity” up to six months after officeholder resigned); F&LA

at 8, MUR 7310 (Lanakila Strategies LLC, et al.).

145 11 C.F.R. § 113.2(a)(2).

146 Expenditures; Reports by Political Committees; Personal Use of Campaign Funds, 60 Fed. Reg. 7862 at

7873 (Feb. 9, 1995).

147 52 U.S.C. § 30101(2).

148 Though the Biden Committee attests that Biden had not at the time of its Responses authorized the Biden 

Committee to solicit or spend funds on his behalf with respect to the 2024 election cycle, see MUR 7931 Vogel 

Decl. ¶ 2, because Biden designated the Biden Committee has his principal campaign committee, Biden has given 

consent to the Biden Committee to “receive contributions or make expenditures” on his behalf. 52 U.S.C. § 

30101(2). It is and has been his authorized campaign committee through which he received contributions and made 

expenditures during the 2020 election cycle and which he has maintained as his authorized campaign committee for 

2024. Biden for President, Amended Statement of Organization (Apr. 25, 2023), 

https://docquery.fec.gov/pdf/354/202304259581294354/202304259581294354.pdf; Joseph R. Biden, Jr., Amended 

Statement of Candidacy at 1 (Apr. 25, 2023), 

https://docquery.fec.gov/pdf/792/202304259581293792/202304259581293792.pdf. 

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1 As discussed in Part II.B, above, the Biden Committee disbursed nearly $295 million 

between November 4, 2020, and March 31, 2023.149 2 Given the numerous statements made by 

3 Biden and his surrogates indicating that Biden had decided to run as a presidential candidate in 

4 2024 or intended to do so, the Complaints question the substantial spending by the Biden 

5 Committee and whether it has made more than $5,000 in expenditures to support his 2024 

6 candidacy, especially as more than two years have passed since the 2020 general election.

7 The Biden Committee denies that it has spent any funds to “influence the 2024 

presidential election.”150 8 First, with respect to the Biden Committee’s $478,158.91 in 

9 disbursements to NGP Van Inc. for “database subscription,” the Biden Committee avers that 

10 these disbursements were for “a compliance and accounting database necessary for operations 

during the wind down and the Commission’s reporting requirements.”151 11 There is no available 

information to contradict those assertions.152 12 Accordingly, Respondents have credibly rebutted 

13 the Complaints’ allegations that these expenditures were associated with Biden’s 2024 

14 candidacy.

15 With respect to the disbursements to Upland Software Inc. for “software,” the Biden 

16 Committee states in a sworn declaration that these disbursements were to “maintain ownership of 

149 Supra note 46 and accompanying text.

150 MUR 7931 Biden Resp. at 2; see MUR 7931 Biden Supp. Resp. at 3 (“In short, [the Biden Committee] has

not made any expenditures for the purpose of influencing the 2024 presidential election.”).

151 MUR 7931 Biden Resp. at 5; see MUR 7931 Vogel Decl. ¶ 7.

152 These expenditures appear to be consistent with those of at least one prior successful presidential candidate 

with respect to the same recipient: After his reelection in 2012, for President Barack Obama’s campaign committee 

reported total disbursements of $315,784.60 to NGP Van Inc. for “technology consulting” and “telemarketing.” 

FEC Disbursements: Filtered Results, FEC.GOV, 

https://www.fec.gov/data/disbursements/?data_type=processed&committee_id=C00431445&recipient_name=NGP

+Van&min_date=11%2F07%2F2012&max_date=12%2F31%2F2014 (last visited May 2, 2023) (showing all 

disbursements by Obama for America to NGP Van between November 7, 2012, and December 31, 2014).

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1 [the Biden Committee’s] SMS short code phone number, used for communications with [the 

Biden Committee],”153 2 and which the Biden Committee describes as its “intellectual 

property.”154 3 Although prior presidential campaign committees do not appear to have identified 

4 expenditures for similar purposes, this is likely because of the relative newness of the technology 

5 involved: For example, a search across all disbursements by the authorized committees of 

6 former presidential candidates Obama, Clinton, Romney, and McCain for disbursements with 

7 purposes containing any of “short code,” “SMS,” “text number,” “phone number” or “text id” 

revealed no results.155 8 

9 As shown in the Appendix to this Factual and Legal Analysis and the figure below, the 

10 amount and timing of the Biden Committee’s disbursements to Upland Software Inc. varied 

11 widely over the period between January 13, 2021, the first disbursement following the immediate 

12 aftermath of the 2020 election, and September 23, 2021, the date of the Biden Committee’s last 

13 reported disbursement to this vendor, with disbursements ranging from $2.34 to $261,449, 

14 including multiple disbursements occurring on the same day for different amounts, and each 

153 MUR 7931 Vogel Decl. ¶ 8; see MUR 7931 Biden Resp. at 2. While the Vogel declaration refers

specifically to disbursements to Upland Software Inc. “in June 2021,” this is likely because the MUR 7931

Complaint specifically identifies “multiple disbursements to Upland Software Inc. on June 22, 2021 totaling

$61,692.52” when questioning whether such disbursements “should be designated for the 2020 General Election.”

MUR 7931 Compl. ¶ 37.

154 MUR 7931 Biden Resp. at 5.

155 FEC Disbursements: Filtered Results, FEC.GOV, 

https://www.fec.gov/data/disbursements/?data_type=processed&committee_id=C00431171&committee_id=C00431

445&committee_id=C00453928&committee_id=C00575795&committee_id=C00580100&disbursement_descriptio

n=sms&disbursement_description=short+code&disbursement_description=text+number&disbursement_description

=phone+number&disbursement_description=text+id (last visited May 2, 2023) (showing all disbursements by 

Obama for America, Hillary for America, Make America Great Again PAC f/k/a Donald J. Trump for President, 

Inc., Romney for President, Inc., and McCain-Palin 2008 Inc. with purposes containing any of “short code,” “sms,” 

“text number,” “phone number,” or “text id”). Trump’s authorized committee reported 34 disbursements

aggregating $69.52 million during the 2020 election cycle for, inter alia, “SMS advertising,” “digital SMS/online 

advertising,” and “online & SMS advertising,” none of which appear to be for maintenance or ownership of an SMS 

short code. Id.

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disbursement reported as for “software.”156 1 Though the data reflects various jumps in spending 

2 throughout 2021, the amounts disbursed decreased over time, as one might expect with a 

3 campaign winding down its operations, and ceased on September 23, 2021, less than one year 

4 following the general election: 

5 

6 

 7 

8 Given the context of a sophisticated presidential campaign, the declaration’s statement 

9 may accurately describe a complex maintenance arrangement that happens to be subject to 

external events.157 10 Moreover, given the declaration’s assertion that the SMS short code was 

156 See App’x.

157 For example, Upland Software’s website lists among its software services for Mobile Messaging 

“[i]ndustry-standard security and encryption technology” and “24/7 system and short code monitoring.” Upland 

Security, Why Mobile Messaging?, https://uplandsoftware.com/mobile-messaging/ (last visited July 3, 2023). 

Further, an explainer published by CTIA on best practices for political text messaging includes a recommendation

that “message senders should take affirmative steps and employ tools to monitor and prevent unwanted messages 

and content.” CTIA, Political Text Messaging: Engaging and Organization Voters While Protecting Consumers

(July 21, 2022), https://www.ctia.org/news/political-text-messaging-engaging-and-organizing-voters-whileprotecting-consumers (last visited July 3, 2023). CTIA notes that part of these best practices includes 

“[m]aintain[ing] and updat[ing] recipient lists by processing deactivation/opt-out files regularly (e.g. daily).” Id. 

Disbursements to Upland Software, 2021 

$300,000.00

$250,000.00

$200,000.00

$150,000.00

$100,000.00

$50,000.00

$0.00

MUR793100362
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 34 of 41 

ATTACHMENT A 

“used for communications with [the Biden Committee],”158 1 it is reasonable that the Biden 

2 Committee may have viewed it necessary as a communications tool to further appropriate wind3 down activities. Though not directly supported by the declaration, the Biden Committee also 

4 asserts that the expenditures were “to maintain records or property related to the 2020 

election.”159 5 These explanations are plausible, particularly given that the payments to Upland 

6 Software Inc. ceased after September 2021. It is possible that, consistent with the Complaints’ 

7 allegations, the Biden Committee was maintaining the SMS short code as campaign 

8 infrastructure in the event that Biden would run for reelection in 2024, thus making the 

9 expenditures fairly linked to the 2024 presidential election. However, the Complaints do not 

10 provide any specific information that indicate that the payments to Upland Software Inc. were 

11 not for the purposes stated by the Respondents. Indeed, if the Complaints are correct in asserting 

12 that Biden had made up his mind to run for reelection as early as March 2021 and that the 

13 payments to Upland Software Inc. were to maintain campaign infrastructure for a 2024 election 

14 campaign, then it is unclear why those payments would cease nearly three years before the 

15 election.

16 With respect to the Biden Committee’s $2.02 million in disbursements to Action Squared 

Inc. for “text message/email outreach” and “text message outreach,”160 17 the Biden Committee 

18 states that the disbursements were for “ongoing communications by the President to his 

19 supporters who have opted-in to receive messages, encouraging them to make contributions to 

158 MUR 7931 Vogel Decl. ¶ 8.

159 MUR 7931 Biden Committee Resp. at 2.

160 Biden Committee Disbursements; see MUR 7931 Compl. ¶ 37; MUR 8059 Compl. ¶ 10. 

MUR793100363
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 35 of 41 

ATTACHMENT A 

the [DNC] . . . in 2021 and 2022.”161 1 However, on its disclosure reports, the Biden Committee 

reported each disbursement to Action Squared Inc. as being for the 2020 general election.162 2 

3 Notwithstanding the discrepancy between which election these expenditures were associated 

with – 2020, as stated in the reports, versus 2021 and 2022, 163 4 as stated in the Responses – in 

5 neither event do they appear to be associated with Biden’s 2024 candidacy. 

6 

161 MUR 8059 Biden Resp. at 2; see MUR 8059 Vogel Decl. ¶ 5.

162 See, e.g., Biden Committee, 2022 Year-End Report, Sched. B-P at 35 (reporting $5,767.36 disbursement to

Action Squared Inc. for “text message outreach” labeled “Disbursement for: 2020 General”); Biden Committee,

2022 April Quarterly Report, Sched. B-P at 57 (reporting two disbursements to Action Squared Inc. for “text

message/email outreach” for $44,905.36 and $25,582.00, both labeled with “Disbursement for: 2020 General”);

Biden Committee, 2021 October Quarterly Report, Sched. B-P at 18 (reporting a $150,000 disbursement to Action

Squared Inc. for “text message/email outreach” labeled “Disbursement for: 2020 General”).

163 A political committee has a duty to ensure that its disclosure reports are generally accurate and correct. See

11 C.F.R. § 104.14(d) (“Each treasurer of a political committee . . . shall be personally responsible for the timely and 

complete filing of [any disclosure report] . . . and for the accuracy of any information or statement contained in it.”). 

However, there is no statutory or regulatory requirement for committees to designate the election cycle for their 

disbursements.

MUR793100364
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 36 of 41 

ATTACHMENT A 

1 3. The Available Information Does Not Indicate That Biden or the Biden 

2 Committee Accepted More than $5,000 in Contributions 

3 Regarding Biden and the Biden Committee’s receipts, since November 4, 2020, the 

Biden Committee has reported receiving $134,048,699.80,164 4 including $20,221,129.23 received 

as a transfer from the Victory Fund.165 5 Of the $134 million in total receipts, the Biden 

6 Committee reported receiving $103,362,129.86 in contributions during the 2020 Post-General 

reporting period,166 7 with only $482 in additional contributions disclosed on subsequent 

Reports.167 8 Although the Complaints raise questions as to the amount of contributions accepted 

9 by the Biden Committee after the 2020 general election, the Respondents credibly rebut the 

10 allegations that those post-election contributions were attributable to a 2024 Biden candidacy. 

11 The Biden Committee does not appear to have solicited or accepted contributions for 

12 Biden’s reelection campaign prior to Biden’s formal campaign announcement. First, the Biden 

13 Committee states in its MUR 7931 Response that it neither solicited nor accepted contributions 

14 made after Election Day 2020, and that it had not at the time of the Response accepted any 

15 contributions for the 2024 election cycle; the sworn statement attached to the MUR 7931 

Response asserts this statement.168 16 The Commission is aware of no information that contradicts 

17 these assertions.

18 

164 See supra note 38 and accompany text.

165 Supra note 39 and accompanying text.

166 Biden Committee, 2020 Post-General Report.

167 Biden Committee, 2020 Year-End Report; Biden Committee, 2021 April Quarterly Report.

168 MUR 7931 Biden Resp. at 2; MUR 7931 Vogel Decl. ¶¶ 3, 4 (“To the best of my knowledge, [the Biden

Committee] has not solicited any funds, including through mail, online, or any other source since then. . . . [The

Biden Committee] did not accept any contributions made after Election Day 2020. . . . [The Biden Committee] has

not accepted any contributions for the 2024 election cycle.”).

MUR793100365
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 37 of 41 

ATTACHMENT A 

1 4. The Victory Fund Does Not Appear to Have Accepted Contributions or Made 

2 Expenditures in Support of Biden’s 2024 Candidacy 

3 Like the Biden Committee, the Victory Fund denies that it has spent any funds to 

“influence the 2024 presidential election.”169 4 Since the 2020 general election, the Victory Fund 

has reported receiving $2,414,952.90 in contributions.170 5 Although the Complaints raise 

6 questions as to the amount of contributions accepted by the Biden Committee and the Victory 

7 Fund after the 2020 general election, the Respondents credibly rebut the allegations that those 

post-election contributions were attributable to a 2024 Biden candidacy.171 8 The Victory Fund 

9 also does not appear to have solicited or accepted contributions for Biden’s reelection campaign 

10 prior to Biden’s formal campaign announcement. As noted above, the Biden Committee avers 

11 that the Victory Fund “is not authorize to, and has not,” raised any funds for Biden in the 2024 

169 Victory Fund Resp. at 2 (“[The Victory Fund] has not made any expenditures that advocate for President 

Biden’s re-election in 2024 or that are otherwise in connection with that election.”).

170 Supra note 52 and accompanying text.

171 Additionally, as noted by Respondents, the size of the post-election receipts reported by the Victory Fund’s 

joint fundraising operation is consistent with, and in fact smaller than, those in prior successful presidential 

campaigns. See MUR 7931 Biden Resp. at 5 & n.27. According to the Reports Analysis Division (“RAD”), it is not

unusual for joint fundraising committees to report large post-election transfers, and RAD commonly sees this

activity. While all of the transfers took place after the election, none of the itemized contributions disclosed on the

report are reported as having been received after the general election, and the Biden Committee appears to have

followed the correct reporting format for these transfers. For the unitemized component of the joint fundraising

transfers, there is no information on the face of the report that the underlying transferred contributions were received

after the election. Between the 2016 general election and the end of the 2018 election cycle, former President 

Donald J. Trump’s joint fundraising committee, Trump Victory, reported nearly $31.26 million in individual 

contributions, though Trump had declared his candidacy for 2020 on the first day of his term in office. FEC 

Individual Contributions: Filtered Results, FEC.GOV, https://www.fec.gov/data/individualcontributions/?committee_id=C00618389&min_date=11%2F09%2F2016&max_date=12%2F31%2F2018 (last

visited May 2, 2023) (showing all individual contributions reported by Trump Victory between November 9, 2016,

and December 31, 2018). In the prior election cycle, between the 2012 general election and the end of the 2014 

election cycle, former President Barack Obama’s joint fundraising committee, Obama Victory Fund 2012, reported 

$2,890,741.23 in individual contributions. FEC Individual Contributions: Filtered Results, FEC.GOV, 

https://www.fec.gov/data/individualcontributions/?committee_id=C00494740&min_date=11%2F07%2F2012&max_date=12%2F31%2F2014 (last

visited May 2, 2023) (showing all individual contributions reported by Obama Victory Fund 2012 between

November 7, 2012, and December 31, 2014). Both figures exceed the $2,414,952.90 in contributions reported by 

the Victory Fund. 

MUR793100366
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 38 of 41 

ATTACHMENT A 

presidential election, to which the Victory Fund also attests.172 1 Further, the Victory Fund has 

2 provided a sworn statement attesting that it did not transfer any contributions to the Biden 

Committee that were made after Election Day 2020.173 3 The Commission is aware of no 

4 information that contradicts these assertions. Accordingly, the available information does not 

5 indicate that Biden and those authorized to fundraise on his behalf have raised $5,000 or more in 

6 support of his 2024 candidacy for reelection prior to his formal campaign announcement. 

7 B. The Commission Finds No Reason to Believe That the Biden Committee 

8 Failed to Accurately Report the Purpose of the Disbursements Made to 

9 Upland Software

10 The Act and Commission regulations require political committees to report the name and 

11 address of each person to whom they make expenditures or other disbursements aggregating 

12 more than $200 per calendar year, or per election cycle for authorized committees, as well as the 

date, amount, and purpose of such payments.174 13 Commission regulations define “purpose” as a 

“brief statement or description of why the disbursement was made.”175 14 “The ‘purpose of 

15 disbursement’ entry, when considered along with the identity of the disbursement recipient, must 

be sufficiently specific to make the purpose of the disbursement clear.”176 16 The Commission has 

172 MUR 7931 Biden Resp. at 5; see MUR 7931 Vogel Decl. ¶ 9 (“[The Biden Committee] has not given

consent to [the Victory Fund] to accept contributions or make expenditures on behalf of President Biden for the

2024 election cycle.”); Smolkis Decl. ¶ 11.

173 Victory Fund Resp. at 2; Smolkis Decl. ¶¶ 7-10. While the Victory Fund acknowledges that it received

contributions after the 2020 general Election Day, it notes that those contributions resulted from pre-Election Day

solicitations, and none of those contributions were transferred to the Biden Committee, and that it has transferred or

will transfer all such post-election contributions to the other joint fundraising participants per its allocation formula.

Victory Fund Resp. at 4.

174 52 U.S.C. § 30104(b)(5), (6); 11 C.F.R. § 104.3(b)(3)(i), (ix) (regarding political committees other than 

authorized committees); id. § 104.3(b)(4)(i), (vi) (regarding authorized committees); id. § 104.9(a), (b) (regarding all 

political committees).

175 11 C.F.R. § 104.3(b)(3)(i)(A).

176 Statement of Policy: “Purpose of Disbursement” Entries for Filings with the Commission, 72 Fed. Reg. 

887, 887 (Jan. 9, 2007) [hereinafter Purpose Statement of Policy] (citing 11 C.F.R. § 104.3(b)(3)(i)(B), (4)(i)(A)).

MUR793100367
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 39 of 41 

ATTACHMENT A 

1 determined that the description of the purpose should be sufficient to allow “a person not 

2 associated with the committee [to] easily discern why the disbursement was made when reading 

the name of the recipient and the purpose.”177 3 Examples of sufficient statements of purpose 

4 include, but are not limited to, dinner expenses, media, salary, polling, travel, party fees, phone 

banks, travel expenses, travel expense reimbursement, and catering costs.178 5 The Commission’s 

6 website also states that “software” can be an adequate statement of the purpose of a 

disbursement.179 7 

8 As discussed above, the Biden Committee states in a sworn declaration that its 

9 disbursements to Upland Software Inc. were to “maintain ownership of [the Biden Committee’s] 

SMS short code phone number, used for communications with [the Biden Committee],”180 10 and 

which the Biden Committee describes as its “intellectual property.”181 11 As shown in the 

12 Appendix to this Analysis and the figure above, the amount and timing of the Biden Committee’s 

13 disbursements to Upland Software Inc. varied widely over the period between January 13, 2021, 

14 the first disbursement following the immediate aftermath of the 2020 election, and September 

15 23, 2021, the date of the Biden Committee’s last reported disbursement to this vendor. 

16 Notwithstanding the variation, the amounts disbursed decreased over time and ceased 

17 approximately 11 months after the 2020 election, as one might expect with a campaign winding 

down its operations.182 18 

177 Id. at 888.

178 11 C.F.R. § 104.3(b)(3)(i)(B).

179 Purposes of Disbursement, FEC.GOV, https://www.fec.gov/help-candidates-and-committees/purposesdisbursements/ (last visited May 2, 2023).

180 Vogel Decl. ¶ 8; see Resp. at 2.

181 Resp. at 5.

182 See supra note 164 and accompanying text.

MUR793100368
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 40 of 41 

ATTACHMENT A 

1 As discussed above, there is no information in the Complaints to suggest that these 

2 disbursements were for something other than the software expenses described by the 

3 Respondents. Accordingly, the Commission finds no reason to believe that the Biden Committee 

4 violated 52 U.S.C. § 30104(b)(5)(A) and 11 C.F.R. § 104.3(b)(4)(i) by failing to properly 

5 disclose the purpose of its disbursements to Upland Software Inc.. 

6 C. The Commission Finds No Reason to Believe That the Biden Committee 

7 Failed to Amend Its Statement of Organization 

8 The Act requires all political committees to file a Statement of Organization with the 

Commission no later than 10 days after they are designated or established.183 9 The Statement of 

10 Organization must include the name, address, and type of committee; the name, address, 

11 relationship, and type of any connected organization or committee; the name and address of the 

12 committee’s custodian of books and accounts and the committee’s treasurer; a listing of all 

13 depositories used by the committee; and, if an authorized committee, the name, address, office 

sought, and party affiliation of the authorizing candidate.184 14 Changes or corrections to the 

15 information contained in a Statement of Organization must be reported no later than 10 days 

after the date of the change.185 16 

17 With respect to the allegation that the Biden Committee failed to amend its Statement of 

Organization to reflect Biden’s 2024 candidacy,186 18 the facts as presented in the Complaint and 

19 supported by the available information do not indicate any violation of the Act in this regard. As 

20 the Biden Committee notes, neither the Act nor Commission regulations require committees to 

183 52 U.S.C. § 30103(a); 11 C.F.R. § 102.1.

184 52 U.S.C. § 30103(b); 11 C.F.R. § 102.2.

185 52 U.S.C. § 30103(c); 11 C.F.R. § 102.2(a)(2).

186 Compl. ¶¶ 39-51, 66-82.

MUR793100369
MUR 7931 (Biden for President) 

PROPOSED Factual and Legal Analysis

Page 41 of 41 

ATTACHMENT A 

1 designate the election cycle in which an affiliated or authorizing candidate is running, instead 

requiring only the “name, address, office sought, and party affiliation” of that individual.187 2 

3 Indeed, the form on which Statements of Organization are submitted has no line on which this 

information could be provided.188 4 

5 Accordingly, the Commission finds no reason to believe that the Biden Committee 

6 violated 52 U.S.C. § 30103(c) and 11 C.F.R. § 102.2(a)(2) by failing to amend its Statement of 

7 Organization reflecting Biden’s 2024 candidacy. 

187 52 U.S.C. § 30103(b)(5); see 11 C.F.R. § 102.2(a)(v).

188 See, e.g., Biden for President, Amended Statement of Organization (Apr. 25, 2023), https://docquery.fec.

gov/pdf/354/202304259581294354/202304259581294354.pdf. 

MUR793100370
PROPOSED F&LA

ATTACHMENT A 

Appendix

Disbursements by the Biden Committee to Upland Software Following the 2020 Election189

Date Amount Recipient Description

November 10, 2020 $1,176.17 Upland Software Inc. Software

November 16, 2020 $138,604.11 Upland Software Inc. Software

November 18, 2020 $3,932,643.40 Upland Software Inc. Software

December 17, 2020 $336,046.40 Upland Software Inc. Software

December 31, 2020 $3,180.00 Upland Software Inc. Software

January 13, 2021 $261,449.00 Upland Software Inc. Software

February 5, 2021 $3,180.00 Upland Software Inc. Software

March 4, 2021 $128,503.00 Upland Software Inc. Software

March 25, 2021 $128,021.73 Upland Software Inc. Software

April 22, 2021 $13,595.60 Upland Software Inc. Software

May 19, 2021 $678.90 Upland Software Inc. Software

May 19, 2021 $11,315.22 Upland Software Inc. Software

May 28, 2021 $180.00 Upland Software Inc. Software

May 28, 2021 $3,000.00 Upland Software Inc. Software

June 22, 2021 $756.88 Upland Software Inc. Software

June 22, 2021 $2,735.13 Upland Software Inc. Software

June 22, 2021 $12,614.97 Upland Software Inc. Software

June 22, 2021 $45,585.54 Upland Software Inc. Software

July 21, 2021 $708.97 Upland Software Inc. Software

July 21, 2021 $1,465.25 Upland Software Inc. Software

July 21, 2021 $11,815.80 Upland Software Inc. Software

July 21, 2021 $24,420.90 Upland Software Inc. Software

July 30, 2021 $30.00 Upland Software Inc. Software

July 30, 2021 $500.00 Upland Software Inc. Software

August 26, 2021 $1,181.78 Upland Software Inc. Software

August 26, 2021 $19,696.29 Upland Software Inc. Software

September 23, 2021 $2.34 Upland Software Inc. Software

September 23, 2021 $13.31 Upland Software Inc. Software

September 23, 2021 $39.04 Upland Software Inc. Software

September 23, 2021 $221.76 Upland Software Inc. Software

Total: $5,083,361.49

189 Upland Disbursements.

MUR793100371
PROPOSED F&LA

ATTACHMENT B 

1 FEDERAL ELECTION COMMISSION

2 FACTUAL AND LEGAL ANALYSIS

3 RESPONDENT: Biden Victory Fund and Monica Guardiola MUR 7931 

4 in her official capacity as treasurer

5 I. INTRODUCTION

6 This matter arises from a Complaint alleging that Biden Victory Fund and Monica 

7 Guardiola in her official capacity as treasurer (the “Committee”), violated the Federal Election 

8 Campaign Act of 1971, as amended (the “Act”), by failing to make necessary amendments to its 

9 Statement of Organization to reflect the 2024 presidential candidacy of Joseph R. Biden, Jr. The 

10 Complaint also questions whether a disbursement by the Committee to Vox Media LLC on 

11 March 1, 2021, for “online fundraising” was properly reported. 

12 The Committee denies the allegations, and states that it was not required to include on its 

13 Statement of Organization the election cycles in which Biden was or is a candidate for office. 

14 The Committee further provides the sworn declaration of its treasurer who asserts that the 

15 disbursement to Vox Media LLC was for advertising in August 2020 for which it was not 

16 invoiced until 2021. 

17 Because the Committee had no obligation to amend its Statement of Organization to 

18 reflect the election cycle relevant to Biden’s candidacy, the Commission finds no reason to 

19 believe that the Committee violated 52 U.S.C. § 30103(c) and 11 C.F.R. § 102.2(a)(2) by failing 

20 to amend its Statement of Organization. Additionally, the Commission exercises its 

21 prosecutorial discretion and dismisses the allegation that the Committee failed to report a debt of 

22 $100,000 in August 2020. 

MUR793100372
MUR 7931 (Biden Victory Fund) 

PROPOSED Factual and Legal Analysis

Page 2 of 5 

ATTACHMENT B 

1 II. FACTUAL BACKGROUND 

2 The Committee is a joint fundraising representative for Biden for President, the 

3 authorized campaign committee of 2020 and 2024 presidential candidate Joseph R. Biden, Jr.; 

the Democratic National Committee; and multiple state parties’ federal committees.1 4 The 

Committee was authorized by Biden in both the 2020 and 2024 election cycles.2 5 

6 On its 2021 April Quarterly Report, the Committee reported a disbursement of $100,000 

to Vox Media LLC for “Online Fundraising” on March 1, 2021.3 7 The Complaint questions 

8 whether this expenditure was in connection with the 2020 election cycle, given that it was 

9 reported in 2021, and alleges that the expenditure indicates that Biden triggered candidacy in 

2024.4 10 

11 The Committee’s treasurer attests that the Committee “made a disbursement of $100,000 

12 to Vox Media, LLC on March 1, 2021 for online fundraising costs related to advertising run in 

August 2020. [The Committee] received an invoice for these costs in 2021.”5 13 

14 The Complaint also alleges that the Committee has failed to amend its Statement of 

Organization to reflect Biden’s 2024 candidacy.6 15 The Committee denies this allegation because: 

16 There is nothing in the Act or Commission regulations requiring a 

17 joint fundraising committee to indicate on its Statement of 

18 Organization that it is raising funds in connection with any particular 

1

 Biden Victory Fund, Amended Statement of Organization (July 1, 2022), https://docquery.fec.gov/pdf/159/

202207019517783159/202207019517783159.pdf. 

2

 Joseph R. Biden, Jr., Amended Statement of Candidacy at 1 (Nov. 4, 2020), https://docquery.fec.gov/pdf/

260/202011069336972260/202011069336972260.pdf (regarding 2020 candidacy); Joseph R. Biden, Jr., Amended 

Statement of Candidacy at 1 (Apr. 25, 2023), https://docquery.fec.gov/pdf/792/202304259581293792/20230425958

1293792.pdf (regarding 2024 candidacy).

3

 Biden Victory Fund, Amended 2021 April Quarterly Report, sched. B at 84 (July 15, 2021), https://doc

query.fec.gov/pdf/853/202107159451575853/202107159451575853.pdf 

4

 Compl. ¶¶ 34-38 (Oct. 12, 2021).

5

 Resp., Attach. ¶ 6 (Decl. of Joseph Smolskis) [hereinafter Smolskis Decl.]. 

6

 Compl. ¶¶ 39-51, 66-82.

MUR793100373
MUR 7931 (Biden Victory Fund) 

PROPOSED Factual and Legal Analysis

Page 3 of 5 

ATTACHMENT B 

1 election or to indicate on its Statement of Organization which office 

2 in which election year its participating candidate committees are 

3 seeking. There is simply no place to put this information on the 

4 Commission’s current version of [the Statement of Organization

form].7 5 

6 The Committee further asserts that it was “not even required to disclose on its Statement of 

7 Organization that President Biden was running in the 2020 election . . . , much less amend this 

information.”8 8 

9 III. LEGAL ANALYSIS

10 A. The Commission Finds No Reason to Believe That the Committee Failed to 

11 Amend Its Statement of Organization 

12 The Act requires all political committees to file a Statement of Organization with the 

Commission no later than 10 days after they are designated or established.9 13 The Statement of 

14 Organization must include the name, address, and type of committee; the name, address, 

15 relationship, and type of any connected organization or committee; the name and address of the 

16 committee’s custodian of books and accounts and the committee’s treasurer; a listing of all 

17 depositories used by the committee; and, if an authorized committee, the name, address, office 

sought, and party affiliation of the authorizing candidate.10 18 Changes or corrections to the 

19 information contained in a Statement of Organization must be reported no later than 10 days 

after the date of the change.11 20 

7

 Resp. at 2-3.

8

 Id. at 3.

9

 52 U.S.C. § 30103(a); 11 C.F.R. § 102.1.

10 52 U.S.C. § 30103(b); 11 C.F.R. § 102.2.

11 52 U.S.C. § 30103(c); 11 C.F.R. § 102.2(a)(2).

MUR793100374
MUR 7931 (Biden Victory Fund) 

PROPOSED Factual and Legal Analysis

Page 4 of 5 

ATTACHMENT B 

1 With respect to the allegation that the Committee failed to amend its Statement of 

Organization to reflect Biden’s 2024 candidacy,12 2 the facts as presented in the Complaint and 

3 supported by the available information do not indicate any violation of the Act. As the 

4 Committee notes, neither the Act nor Commission regulations require committees to designate 

5 the election cycle in which an affiliated or authorizing candidate is running, instead requiring 

only the “name, address, office sought, and party affiliation” of that individual.13 6 Indeed, the 

7 form on which Statements of Organization are submitted has no line on which this information 

could be provided.14 8 

9 Accordingly, the Commission finds no reason to believe that the Committee violated 

10 52 U.S.C. § 30103(c) and 11 C.F.R. § 102.2(a)(2) by failing to amend its Statement of 

11 Organization reflecting Biden’s 2024 candidacy. 

12 B. The Commission Dismisses pursuant to its Prosecutorial Discretion the 

13 Allegation That the Committee Failed to Report a Debt

14 The Act requires political committees to file reports accurately disclosing their receipts, 

disbursements, and debts.15 15 In addition, political committees must accurately itemize 

16 contributions and disbursements for each election cycle and must also indicate the amount and 

nature of outstanding debts and obligations until those debts are extinguished.16 17 Under 

18 Commission regulations, a debt or obligation of $500 or less must be reported as of the time that 

19 payment is made or within sixty days of the date on which the political committee incurs the 

12 Compl. ¶¶ 39-51, 66-82.

13 52 U.S.C. § 30103(b)(5); see 11 C.F.R. § 102.2(a)(v).

14 See, e.g., Biden Victory Fund, Amended Statement of Organization (July 1, 2022), https://docquery.

fec.gov/pdf/159/202207019517783159/202207019517783159.pdf. 

15 52 U.S.C. § 30104(b); 11 C.F.R. § 104.3(a).

16 52 U.S.C. § 30104(b)(8); 11 C.F.R. §§ 104.3(d), 104.11(a).

MUR793100375
MUR 7931 (Biden Victory Fund) 

PROPOSED Factual and Legal Analysis

Page 5 of 5 

ATTACHMENT B 

1 debt, whichever comes first, and a debt exceeding $500 must be disclosed in the report that 

covers the date on which the debt was incurred.17 2 If the exact amount of a debt or obligation is 

not known, the report shall state that the amount reported is an estimate.18 3 Once the exact 

4 amount is determined, a political committee must either: (1) amend the report(s) containing the 

5 estimate; or (2) indicate the correct amount on the report for the reporting period in which such 

amount is determined.19 6 

7 The Complaint questions whether the Committee’s $100,000 disbursement to Vox 

8 Media LLC on March 1, 2021, for “online fundraising” relates to the 2020 presidential election, 

9 noting that such disbursements are normally made to maintain the committee’s infrastructure and 

operations for ongoing and future campaign activity.20 10 The Committee states that this 

11 disbursement relates to “online fundraising ads [the Committee] ran through Vox Media, 

LLC . . . in August 2020.”21 12 It goes on to state that it received the invoice for this expense in 

2021, and “[a]s such, the payment was made and reported in 2021.”22 13 

14 To devote scarce Commission resources to higher priority matters, the Commission 

exercises its prosecutorial discretion to dismiss the allegation.23 15 

17 11 C.F.R. § 104.11(b). 

18 Id.

19 Id.

20 Compl. ¶ 34.

21 Resp. at 5; Smolskis Decl. ¶ 6.

22 Resp. at 5.

23 Heckler v. Chaney, 470 U.S. 821 (1985).

MUR793100376