Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
        Legal resources
- ›
        Policy and other guidance
- ›
      Requests for consideration of legal questions by the Commission

Requests for consideration of legal questions by the Commission The program for requesting consideration of legal questions by the Commission provides a means by which persons and entities that have been asked to take corrective action by the Reports Analysis Division or the Audit Division may seek Commission consideration if a material dispute on a question of law exists relating to the corrective action requested. For more details about how the process works, as well as the types of legal questions that the Commission will consider under the program, please review this Policy Statement (July 29, 2019) and this Notice of Agency Procedure (May 12, 2023). Previous versions of this Policy Statement appear on the Policy and other guidance page.
 Read next
      Policy and other guidance
 Submit a request
          
            Previous requests for consideration of legal questions by the Commission
 Submit a request

  
  
    All requests, including any extension requests, must be received by the Commission within 15 business days of the Audit Division's or Reports Analysis Division's determination that corrective action must be taken. Please review the Commission's Policy Statement to learn how the Commission defines "determination."All requests should be directed to the attention of the Commission Secretary. To ensure timely receipt and consideration requestors are encouraged to submit comments electronically via email to:
      
      LegalRequestProgram@fec.gov
      
      Alternatively, requests may be submitted in paper form to:
      
      U.S. Postal ServiceFederal Election CommissionAttn: Commission Secretary1050 First Street, NEWashington, DC 20463Delivery services(For example, FedEx, UPS, DHL)Federal Election CommissionAttn: Commission Secretary1050 First Street, NEWashington, DC 20002
      
      To submit requests electronically:Create the request in PDF or Word* document format.Attach the request in an email to LegalRequestProgram@fec.gov.* You can use Microsoft Word to save as PDF format.
 Previous requests for consideration of legal questions by the Commission

  
  
    Previous requests for legal consideration considered by the Commission may be found here. (Organized in reverse chronological order by election cycle.) For each entry, in addition to the subject of the request, the “originating office” that requested the corrective action is identified.
      
      Stop These Oppressive People: Tyrants Racists Unqualifieds Misogynists Propagandists (“STOP TRUMP”) | 2024
Subject: Name of a clearly identified federal candidate in the name of an unauthorized committee on its Statement of Organization (Form 1). Legal consideration requested in response to a Request for Additional Information from the Reports Analysis Division.
Documents
CitationsOriginal Request: 10/18/2023 | PDF
OGC Memorandum to the Commission: 11/27/2023 | PDF
Vote Certification: 12/14/2023 | PDF
OGC Email to the Committee: 12/18/2023 | PDF
Statement of Commissioners Allen J. Dickerson and James E. “Trey” Trainor, III: 01/04/2024 | PDF
52 U.S.C. § 30102(e)(1)
52 U.S.C. § 30102(e)(4)
52 U.S.C. § 30104(i)(8)(B)
52 U.S.C. § 30203(a)
11 C.F.R. 102.14(a)

Mike Braun for Indiana | 2018
Subject: Unsecured line of credit; commercial lending institution; high-net-worth individual; ordinary course of business.  Legal consideration requested in response to a question raised in the course of the Audit process.
Documents
CitationsOriginal Request: 04/08/2020 | PDF
OGC Memorandum to the Commission: 04/09/2020 | PDF
OGC Email to the Committee: 04/21/2020 | PDF
11 C.F.R. 100.82

Mike Braun for Indiana | 2018
Subject: Line of credit proceeds as personal loan; applicability, constitutionality and enforceability of $250,000 post-election loan repayment limitation. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
Documents
CitationsOriginal Request: 4/23/2019 | PDF
OGC Memorandum with Recommendation: 5/23/2019 | PDF
Vote Certification: 6/24/2019 | PDF
52 U.S.C. § 30116(j)
11 C.F.R. 116.11

Jill Stein for President | 2016
Subject: Determination of the candidate’s date of ineligibility; permissibility of winding down and primary expenses incurred after the date of ineligibility. Legal consideration requested in response to a question raised in the course of the Audit process.
Documents
CitationsOriginal Request: 1/12/2018 | PDF
OGC Memorandum with Recommendation and Revised Memorandum: 2/28/2018, 4/24/2018 | PDF
Vote Certifications, Original and Revised: 4/13/2018, 5/2/2018 | PDF
26 U.S.C. § 9031
26 U.S.C. § 9032(6)(A), (B)
26 U.S.C. § 9032(9)(A)
11 C.F.R. § 9032.6(a)
11 C.F.R. § 9032.9(a)
11 C.F.R. §§ 9033.5 and 9034.5
11 C.F.R. §§ 9034.4(a)(3) and 9034.11
AO 1984-11                                         
AO 1984-25
AO 1995-45
AO 2000-18

Kelly for Congress | 2016
Subject: Documentation requirements for LLC eligibility to make and attribute contributions. Legal consideration requested in response to a question raised in the course of the Audit process.
Documents
CitationsOriginal Request: 10/8/2017 | PDF
OGC email: 11/28/2017 | PDF
11 CFR 110.1(g)(5)

Friends of Mike Lee | 2016
Subject: Whether committee may retain primary election contributions even though the candidate was nominated by party convention and there was no primary election. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
Documents
CitationsOriginal Request: 4/24/2017 | PDF
OGC Memorandum with Recommendation: 5/22/2017 | PDF
Vote Certification: 7/12/2017 | PDF
OGC email: 8/1/2017 | PDF
52 U.S.C. § 30101(1)(A) and (B)
11 CFR 100.2;
11 CFR 102.9(e)
AO 2004-20

Kasich for America, Inc. | 2016
Subject: Date presidential candidate status ends for purposes of primary election contribution refunding requirements. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
Documents
CitationsOriginal Request: 1/19/2017 | PDF
OGC email: 2/14/2017 | PDF
52 U.S.C. §§ 30101(1)(A)-(D), 30101(2), and 30116(a)
11 CFR 100.3
11 CFR 110.1
11 CFR 110.2

David Vitter for U.S. Senate | 2016
Subject: Contribution refunding requirements for candidate accepting general election contributions during primary election period but not participating in general election. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
Documents
CitationsOriginal Request: 8/17/2016 | PDF
OGC Memorandum with Recommendation: 9/29/2016 | PDF
Vote Certification: 10/25/2016 | PDF
52 U.S.C. §§ 30116(a)(1)(A) and 30101(1)(A)
11 CFR 102.9(e)
11 CFR 100.2
11 CFR 110.1(b)
11 CFR 110.1(j)(1)

Cantor for Congress | 2014
Subject: The requirement for a candidate, who lost in the primary, to refund general election contributions if the contributions were spent on advance payments to vendors in anticipation that the candidate would participate in the general election. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
Documents
CitationsOriginal Request: 12/23/2014 | PDF
OGC Memorandum with Recommendation: 1/27/2015 | PDF
Vote Certification: 7/12/2017 | PDF
Statement of Commissioner Lee E. Goodman: 4/20/2015 | PDF
52 U.S.C. §§ 30116(a)(1)(A) and 30101(1)(A)
11 CFR 102.9(e)
11 CFR 100.2
11 CFR 110.1(b)(1)
11 CFR 110.1(j)(1)

Colorado Republican Committee | 2012
Subject: Reporting of debts and obligations; legal expenses. Legal consideration requested in response to a question raised in the course of the Audit process.
Documents
CitationsOriginal Request: 12/24/2014 | PDF
OGC Memorandum with Recommendation: 1/27/2015 | PDF
Vote Certification: 3/3/2015 | PDF
52 U.S.C. § 30104(b)(8)
11 CFR 104.3(d)

Oakland County Democratic Party | 2012
Subject: Recordkeeping for small contributions. Legal consideration requested in response to a question raised in the course of the Audit process.
Documents
CitationsOriginal Request: 3/4/2014 | PDF
OGC Memorandum with Recommendation: 3/28/2014 | PDF
Vote Certification: 6/10/2014 | PDF
2 U.S.C. § 432(c)(1)-(2) (now 52 U.S.C. § 30102(c)(1)-(2))
11 CFR 102.9(a)

Kathy Hochul for Congress | 2011 Special election
Subject: Date of nomination in 2011 NY/26 special election. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
Documents
CitationsOriginal Request: 6/13/2013 | PDF
OGC Memorandum with Recommendation: 7/12/2013 | PDF
11 CFR 100.2(c)

Elizabeth Crowley for Congress | 2012
Subject: Redesignation of general election contributions accepted by a candidate who did not participate in the general election for a nonfederal campaign. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
Documents
CitationsOriginal Request: 5/7/2013 | PDF
OGC Memorandum with Recommendation: 6/5/2013 | PDF
Vote Certification: 7/11/2013 | PDF
11 CFR 102.9(e)
11 CFR 110.3(b)(3)(i)
11 CFR 110.1(b)(5)

Democratic Party of Illinois | 2010
Subject: Monthly time logs kept by state party committees of employee time spent on Federal Election Activity (FEA). Legal consideration requested in response to a question raised in the course of the Audit process.
Documents
CitationsOriginal Request: 10/4/2012 | PDF
OGC Memorandum with Recommendation: 10/31/2012 | PDF
Vote Certification: 11/30/2012 | PDF
11 CFR 106.7(d)(1)

Multiple democratic state party committees | 2010
State Democratic Committee of Alabama
Massachusetts Democratic State Committee - Fed Fund
Mississippi Democratic Party PAC
Democratic Party of South Carolina
Nebraska Democratic Party
Vermont Democratic Party
South Dakota Democratic PartySubject: Monthly time logs kept by state party committees of employee time spent on Federal Election Activity (FEA). Legal consideration requested in response to a question raised in the course of the Audit process.
Documents
CitationsOriginal Request: 9/28/2012 | PDF
OGC Memorandum with Recommendation: 10/23/2012 | PDF
Vote Certification: 11/30/2012 | PDF
11 CFR 106.7(d)(1)

Michael Williams for US Senate Committee | 2010 Special election
Subject: Disposition of funds raised and spent in connection with an anticipated special election that did not ultimately occur. Legal consideration requested in response to a Request for Additional Information sent by the Reports Analysis Division.
Documents
CitationsOriginal Request: 2/15/2012 | PDF
OGC Memorandum with Recommendation: 3/19/2012 | PDF
Vote Certification: 4/10/2012 | PDF
11 CFR 110.1(b)

Rightmarch.com PAC Inc. | 2008
Subject: Contract with changing weekly fee as extension of credit; Reporting of solicitation expenses as independent expenditures. Legal consideration requested in response to a question raised in the course of the Audit process.
Documents
CitationsOriginal Request: 2/3/2011 | PDF
Original Request, supplemental: 2/16/2011 | PDF
OGC Memorandum with Recommendation: 3/14/2011 | PDF
Vote Certification: 4/5/2011 | PDF
2 U.S.C. § 434(b) and § 434(g) (now 52 U.S.C. § 30104(b) and § 30104(g))
11 CFR 100.55
11 CFR 104.4
11 CFR 104.11
11 CFR 116.3
11 CFR 116.4


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms