1 BEFORE THE FEDERAL ELECTION COMMISSION 

2 ENFORCEMENT PRIORITY SYSTEM 

3 DISMISSAL REPORT 

4 MUR 8102 Respondents: Erica for Us and Erica D. Smith in her 

5 official capacity as treasurer 

6 Erica Danette Smith 

7 

8 Complaint Receipt Date: Jan. 13, 2023 

9 Response Dates: None 

10 EPS Rating:

11 Alleged Statutory and 

12 Regulatory Violations: 52 U.S.C. § 30104(b)(8) 

13 11 C.F.R. § 104.3(d) 

14 11 C.F.R. § 104.11 

15 The Complaint alleges that Erica Dannette Smith, a candidate for the U.S. House of 

16 Representatives in North Carolina’s First District during the 2022 election cycle, and Erica for Us 

17 and Erica D. Smith in her official capacity as treasurer (the “Committee”), Smith’s principal 

18 campaign committee, violated the Federal Election Campaign Act of 1971, as amended (the “Act”), 

by failing to continuously report a debt until it was extinguished.1 19 According to the Complaint, 

20 filed by the owner of Progressives Consulting, LLC, the Committee incurred four debts aggregating 

21 $9,446.91 for accounting and compliance services rendered by Progressives Consulting, LLC, that 

were invoiced between October 31, 2021, and January 31, 2022.2 22 The Complaint asserts that, as of 

23 the date of the Complaint, January 13, 2023, the Committee has not paid any of the four invoices for 

rendered services.3 24 The Committee originally reported only the first of these unpaid invoices in the 

25 amount of $2,825 on its 2021 Year-End, 2022 April Quarterly, 2022 Pre-Primary, and 2022 July 

26 Quarterly Reports, and did not report the debt on its 2022 October Quarterly Report though it had 

1

 Compl. at 1-2 (Jan. 13, 2023). 

2

 Id. The Complaint attaches a copy of its consulting services agreement with the Committee, as well as 

communications with the Committee and invoices for the services rendered. Id., Attachs. 

3

 Id. at 2. 

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not paid that debt, nor the remaining three invoices.4 1 After the Committee was notified of the 

2 Complaint, it amended its disclosure reports to reflect the unpaid debt of $9,446.91 owed to 

Progressives Consulting, LLC.5 3 Neither Smith nor the Committee filed a Response. 

4 Based on its experience and expertise, the Commission has established an Enforcement 

5 Priority System using formal, pre-determined scoring criteria to allocate agency resources and 

6 assess whether particular matters warrant further administrative enforcement proceedings. These 

7 criteria include (1) the gravity of the alleged violation, taking into account both the type of activity 

8 and the amount in violation; (2) the apparent impact the alleged violation may have had on the 

9 electoral process; (3) the complexity of the legal issues raised in the matter; and (4) recent trends in 

10 potential violations and other developments in the law. This matter is rated as low priority for 

11 Commission action after application of these pre-established criteria. Given that low rating, and the 

12 apparent low dollar amount involved, we recommend that the Commission dismiss the Complaint 

13 consistent with the Commission’s prosecutorial discretion to determine the proper ordering of its 

4

 Id.; see Erica for Us, Original 2021 Year-End Report, sched. D at 374 (Jan. 31, 2022), https://docquery.fec.

gov/pdf/185/202201319486460185/202201319486460185.pdf (reporting unpaid balance of $2,825 owed to 

Progressives Consulting, LLC); Erica for Us, Original 2022 April Quarterly Report, sched. D at 464 (Apr. 15, 2022), 

https://docquery.fec.gov/pdf/820/202204159499994820/202204159499994820.pdf (same); Erica for Us, Original 2022 

July Quarterly Report, sched. D at 278 (July 15, 2022), https://docquery.fec.gov/pdf/758/202207159521877758/202207

159521877758.pdf (same); Erica for Us, Original 2022 October Quarterly Report, sched. D (Oct. 15, 2022), https://doc

query.fec.gov/pdf/595/202210159532738595/202210159532738595.pdf (reflecting no outstanding debt to Progressives 

Consulting, LLC). 

5

 See Compl. Notif. Letter (Jan. 19, 2023) (Erica for Us); Erica for Us, Amended 2021 Year-End Report, sched. 

D at 379 (June 21, 2022), https://docquery.fec.gov/pdf/219/202206219517750219/202206219517750219.pdf (reflecting 

unpaid balance of $2,825 owed to Progressives Consulting, LLC); Erica for Us, Amended 2022 April Quarterly Report, 

sched. D at 464 (May 11, 2023), https://docquery.fec.gov/pdf/014/202305119581438014/202305119581438014.pdf

(reflecting unpaid balance of $9,446.91); Erica for Us, Amended 2022 July Quarterly Report, sched. D at 278 (May 11, 

2023), https://docquery.fec.gov/pdf/614/202305119581438614/202305119581438614.pdf (same); Erica for Us, 

Amended 2022 October Quarterly Report, sched. D at 19 (May 11, 2023), https://docquery.fec.gov/pdf/589/2023051

19581436589/202305119581436589.pdf (same). The Committee has continued to report the unpaid debt through its 

most recent disclosure report as of the writing of this Report. See Erica for Us, 2023 Year-End Report, sched. D at 9 

(Feb. 1, 2024), https://docquery.fec.gov/pdf/216/202402019619623216/202402019619623216.pdf. 

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