1 FEDERAL ELECTION COMMISSION 

2 

3 FIRST GENERAL COUNSEL’S REPORT 

4 

5 Audit Referral 22-05 

6 DATE REFERRED: Oct. 24, 2022 

7 DATE OF NOTIFICATION: Oct. 26, 2022 

8 DATE OF LAST RESPONSE: Aug. 29, 2023 

9 DATE ACTIVATED: Sept. 8, 2023 

10 

11 ELECTION CYCLE: 2020 

12 EXPIRATION OF SOL: Dec. 5, 2025-Apr. 25, 

20261 13 

14 

15 SOURCE: Audit Referral 

 16 

17 RESPONDENT: Aníbal Comisionado 2020 and José Luis Mendoza 

18 in his official capacity as treasurer 

 19 

20 RELEVANT STATUTE 

21 AND REGULATION: 52 U.S.C. § 30104(b) 

22 11 C.F.R. § 104.3(a) 

 23 

24 INTERNAL REPORTS CHECKED: Audit Documents 

25 Disclosure Reports 

26 

27 FEDERAL AGENCIES CHECKED: None

28 I. INTRODUCTION 

29 This matter arises from an audit of the 2020 activity of Aníbal Comisionado 2020 and 

30 José Luis Mendoza in his official capacity as treasurer (the “Committee”). On October 17, 2022, 

31 the Commission approved the Proposed Final Audit Report, which included findings that the 

32 Committee overstated reported receipts by $44,455, disbursements by $16,195, understated its 

33 cash on hand by $12,640 in calendar year 2020, and that it failed to disclose or inadequately 

1

 This statute of limitations reflects that the Committee executed four agreements consenting to toll the 

statute of limitations (“SOL”) in this matter by a total of 143 days. Without tolling, the SOL in this matter would be 

July 15, 2025-December 3, 2025. 

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disclosed occupation and employer information for 304 contributions totaling $118,169.2 1 

2 Pursuant to the 2019-2020 Cycle Materiality Thresholds for Authorized Committees, the Audit 

3 Division referred the finding concerning the misstatement of receipts totaling $44,455 to the 

Office of General Counsel (“OGC”) for possible enforcement action.

3 4 

5 As described below, and consistent with the Commission’s finding in the Final Audit 

6 Report (“FAR”), we recommend that the Commission open a Matter Under Review (“MUR”), 

7 find reason to believe that the Committee violated 52 U.S.C. § 30104(b) of the Federal Election 

8 Campaign Act of 1971, as amended (the “Act”), and 11 C.F.R. § 104.3(a) of the Commission’s 

9 regulations, by overstating its receipts by $44,455, and authorize entering into pre-probable 

10 cause conciliation with the Committee. 

11 II. FACTUAL AND LEGAL ANALYSIS

12 A. Factual Background 

13 Aníbal Comisionado 2020 is the principal campaign committee of Aníbal Acevedo-Vilá, 

14 who was a candidate in the 2020 election cycle for Puerto Rico’s Resident Commissioner 

2

 See Certification (Oct. 17, 2022), 2020 A21-03 (Proposed Final Audit Report on Aníbal Comisionado),

https://www.fec.gov/resources/cms-content/documents/AnibalAcevedoVila_VotePFAR_2020.pdf and Final Audit 

Report of the Commission on Aníbal Comisionado 2020 (Oct. 31, 2022) https://www.fec.gov/resources/cmscontent/documents/AnibalAcevedoVila_FARC_2020.pdf (“FAR”).

3

 Referral at 1 (Oct. 24, 2022). 

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delegate to the House of Representatives.4 Acevedo-Vilá lost the 2020 general election.5 1 He

previously served as Resident Commissioner from 2001 through 2005.6 2 

3 During an audit of the Committee’s disclosure reports filed between February 10, 2020, 

4 and December 31, 2020, Audit staff identified discrepancies in the Committee’s receipts, 

disbursements, and cash on hand during 2020.7 5 In response to the Audit Division’s Interim 

6 Audit Report (“IAR”), Committee staff stated that they believed the reporting discrepancies 

7 identified by the Audit Division were the result of issues with third-party filing software, 

8 explaining that the “principal reason for the differences is attributable to duplication of receipts 

9 and disbursements in the reports filed by the committee” because of “problems with the 

software.”8 10 At that time, the Committee stated that it would conduct a detailed analysis of its 

11 records and, if necessary, file appropriate amendments with the Commission or file supplemental 

submissions.9 12 The Audit Division recommended that the Committee amend its disclosure 

13 reports or file a miscellaneous text submission to correct its misstatements, but the Committee 

14 did not do so at that time. Later, in response to the Audit Division’s Draft Final Audit Report, 

4

 See Aníbal Comisionado 2020, Amended Statement of Organization, (May 12, 2020), https://docquery.fec.

gov/pdf/400/202005129232671400/202005129232671400.pdf.

5

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

U.S. HOUSE OF REPRESENTATIVES at 160 (2022), https://www.fec.gov/resources/cms-content/documents/federal

elections2020.pdf. 

6

 Acevedo Vilá, Aníbal, BIOGRAPHICAL DIRECTORY OF THE U.S. CONGRESS https://bioguide.congress.gov/

search/bio/A000359 (last visited Oct. 24, 2023). Acevedo-Vilá served as governor of Puerto Rico from 2005 to 

2009.

7

 See FAR at 2.

8

 Referral at 5; see Aníbal Comisionado 2020, Miscellaneous Text Submission at 1 (May 17, 2022), 

https://www.fec.gov/resources/cms-content/documents/AnibalAcevedoVila_CmteResponseIAR_2020.pdf

(containing the Committee’s response to the Draft FAR).

9

 Referral at 5. 

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1 the Committee filed submissions correcting the record regarding its disbursements and cash on 

hand for calendar year 2020 but did not correct the misstatements concerning its receipts.10 2 

3 At the time that the Commission published the FAR, the Committee had yet to address its 

4 misstated receipts. In its initial response to the Referral notification, the Committee stated that 

5 the Committee’s treasurer was investigating “what exact information was submitted and filed 

with the FEC” on the Committee’s Miscellaneous Text Submissions from August 2022.

11 6 

7 Subsequently, in August 2023, the Committee filed a submission addressing its misstated 

8 receipts, explaining that it encountered technical issues relating to the file size of its August 2022 

9 submissions; specifically, it “made an error while uploading documents and for Finding 1, we 

10 only included the parts referring to the disbursements, and inadvertently did not include the parts 

in reference to the receipts.”12 11 In a second response to the Referral, the Committee stated that it 

12 filed a Miscellaneous Text Submission with the Commission on August 24, 2023, to correct the 

public record regarding its receipts in 2020 and noted the Committee’s “eventual compliance.”13 13 

10 Id at 6; see Aníbal Comisionado 2020, Miscellaneous Text Submission (July 29, 2022), https://docquery.

fec.gov/pdf/762/202207299525086762/202207299525086762.pdf (addressing missing or inaccurate disclosures of 

contributor occupation and employer information); Aníbal Comisionado 2020, Miscellaneous Text Submission 

(July 29, 2022), https://docquery.fec.gov/pdf/768/202207299525086768/202207299525086768.pdf (addressing 

missing or inaccurate disclosures of contributor occupation and employer information). The Committee also made 

submissions to address corrections to its disbursements from 2020. See Aníbal Comisionado 2020, Miscellaneous 

Text Submission (Aug. 12, 2022), https://docquery.fec.gov/pdf/472/202208129525374472/202208129525374472

.pdf; Aníbal Comisionado 2020, Miscellaneous Text Submission (Aug. 12, 2022), https://docquery.fec.gov/pdf/487/

202208129525374487/202208129525374487.pdf; Aníbal Comisionado 2020, Miscellaneous Text Submission 

(Aug 12, 2022), https://docquery.fec.gov/pdf/502/202208129525374502/202208129525374502.pdf; Aníbal 

Comisionado 2020, Miscellaneous Text Submission (Aug. 12, 2022), https://docquery.fec.gov/pdf/519/202208129

525374519/202208129525374519.pdf; Aníbal Comisionado 2020, Miscellaneous Text Submission (Aug. 12, 2022) 

https://docquery.fec.gov/pdf/531/202208129525374531/202208129525374531.pdf. 

11 Resp. at 1 (July 18, 2023).

12 See Aníbal Comisionado 2020, Miscellaneous Text Submission (Aug. 24, 2023), https://docquery.fec.gov/

pdf/926/202308249596775926/202308249596775926.pdf. 

13 Supp. Resp. at 1 (Aug. 29, 2023).

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1 B. Legal Analysis 

2 The Act requires committee treasurers to file reports of receipts and disbursements in 

accordance with the provisions of 52 U.S.C. § 30104.14 3 These reports must include, among other 

things, the total amount of receipts, including the appropriate itemizations, where required.

15 4 As 

5 found in the Commission’s FAR and acknowledged in the Committee’s responses during the 

audit, the Committee overstated reported receipts by $44,455 in calendar year 2020.16 6 

7 Although it acknowledges the violation, the Committee states that the discrepancies 

8 identified by Audit were the result of software issues, but does not specifically invoke the Act’s 

best efforts provision or explain how it met the elements of that provision.17 9 Under the Act’s 

10 best efforts provision, when a treasurer of a political committee shows that best efforts have been 

11 used to obtain, maintain, and submit the information required by the Act, any report submitted by 

the committee will be considered to be in compliance with the Act.18 12 The Commission has 

13 explained that the best efforts provision is an affirmative defense that the respondent must 

14 establish — the burden rests with the political committee and its treasurer to present evidence 

15 sufficient to demonstrate that best efforts were exercised to obtain, maintain, and submit the 

required information.19 16 The Commission has further explained that errors caused by a 

14 See 52 U.S.C. § 30104(a)(1); see also 11 C.F.R. § 104.1.

15 See 52 U.S.C. § 30104(b)(2); see also 11 C.F.R. § 104.3(a).

16 FAR at 3.

17 See Aníbal Comisionado 2020, Miscellaneous Text Submission at 1 (May 17, 2020), 

https://www.fec.gov/resources/cms-content/documents/AnibalAcevedoVila_CmteResponseIAR_2020.pdf

(containing the Committee’s response to the IAR).

18 See 52 U.S.C. § 30102(i); see also 11 C.F.R. § 104.7(a).

19 See, e.g., Factual & Legal Analysis (“F&LA”) at 5, MUR 7043 (Put Alaska First) (reflecting that the 

Commission considers a committee’s affirmative steps taken to keep adequate records and make accurate reports, 

but the defense excludes inexperience, negligence, or error of committee staff or agents.); see also Statement of 

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1 Committee’s own negligence or errors, or a third party’s delay, are generally insufficient to 

establish this defense.20 2 In other matters involving software issues which led to misstatements in 

3 disclosures to the Commission, as is the case here, the Commission has found reason to believe 

and authorized pre-probable cause conciliation.21 4 Accordingly, we conclude that the Committee 

5 did not met the best efforts provision. 

6 Therefore, we recommend that the Commission open a MUR and find reason to believe 

7 that the Committee violated 52 U.S.C. § 30104(b) and 11 C.F.R. § 104.3(a). 

8 

9 

10 

11 

12 

13 

14 

15 

Policy Regarding Treasurers’ Best Efforts to Obtain, Maintain, and Submit Information as Required by the Federal 

Election Campaign Act, 72 Fed. Reg. 31,438, 31,440 (June 7, 2007) (“Best Efforts Policy”) (indicating that the 

Commission does not consider the best efforts defense unless a respondent asserts the facts that form the basis of 

that defense). 

20 See Best Efforts Policy, 72 Fed. Reg. at 31,440.

21 See, e.g., F&LA at 5, MUR 7054 (Oakland County Democratic Party) (In a RAD referral, Respondent 

stated that the reporting errors were due to information not properly transferred from QuickBooks to their reporting 

software, NGP VAN, and requested that the Commission take no action. The Commission found reason to believe 

and authorized pre-probable cause conciliation.); see also F&LA at 5-6, MUR 7603 (Wyoming Republican Party, 

Inc.) (In a RAD referral, Respondent stated that the reporting errors were due to miscommunications between two 

vendors and requested that the matter be transferred to ADRO. The Commission found reason to believe and 

authorized pre-probable cause conciliation.).

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1 

2 

3 

4 

5 

6 

7 

8 IV. RECOMMENDATIONS 

9 1. Open a MUR; 

10 2. Find reason to believe that Aníbal Comisionado 2020 and José Luis Mendoza in 

11 his official capacity as treasurer violated 52 U.S.C. § 30104(b) and 11 C.F.R. 

12 § 104.3(a) by misstating receipts; 

13 3. Authorize pre-probable cause conciliation with Aníbal Comisionado 2020 and 

14 José Luis Mendoza in his official capacity as treasurer; 

15 4. Approve the attached proposed Factual and Legal Analysis; 

16 5. Approve the attached proposed Conciliation Agreement; and 

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1 6. Approve the appropriate letter. 

2 Lisa J. Stevenson 

3 Acting General Counsel 

4 

5 Charles Kitcher

6 Associate General Counsel for 

7 Enforcement

 8 

 9 

10 Date: _________________________ 

11 Adrienne C. Baranowicz 

12 Deputy Associate General Counsel 

13 for Enforcement 

14 

15 

16 ___________________________ 

17 Ana J. Peña-Wallace

18 Assistant General Counsel

19 

20 

21 ____________________________ 

22 Gordon King 

23 Attorney 

24 

25 

26 

27 

11/21/2023

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