June 14, 2019 

Zuzana Pacious, Auditor 

Audit Division 

Federal Election Commission 

1050 First Street, NE 

Washington, DC 20463 

RE: Interim Audit Report of the Audit Division on the Mississippi Republican Party 

(January 1, 2015 - December 31, 2016) 

Dear Ms. Pacious: 

Thank you for the opportunity to respond further to the proposed findings . 

Proposed Finding 1. Misstatement of Financial Activity 

The Mississippi Republican Party (MRP) intends to amend its disclosure reports or file a 

Form 99 (Miscellaneous Text Submission) to correct the minor apparent misstatements, which 

we believe to be inadvertent administrative oversights. 

Proposed Finding 2. Reporting of Debts and Obligations 

MRP intends to amend its disclosure reports or file a Form 99 (Miscellaneous Text 

Submission) to supplement the reporting of alleged debts and obligations. Please note that MRP 

will do so after the Commission makes a determination on Finding 3, see below, because that 

determination will control whether MRP should indicate that some of the items require will 

require disclosure (in addition to identifying the items as debt, of course) on the appropriate 

schedule. 

Proposed Finding 3. Reporting of Apparent Independent Expenditures 

The IAR identified eight fundraising mailings with expenses total $38,940 that allegedly 

include express advocacy ($16,547 under 100.22(a) (mailings #2, 3, 4); $22,393 under 

100.22(b)(mailings #1, 5, 6, 7, 8)). The MRP asserts that the entire $38,940 was reported as 

MRP operating expenses or fundraising expenses on the appropriate schedule supporting the 
correct line number of its FEC reports. These mailings plainly constitute solicitations for MRP 

and primarily (1) solicit contributions to MRP and (2) explain to prospective donors the 

potential, permissible uses of donated funds. To the extent these solicitations mentioned or 

discussed federal candidates, such discussion was incidental to the call to action, a request to 

donate or register to vote. See Exhibit 1. 

Furthermore, even if the Commission proceeds to consider whether these mailings 

contain express advocacy - an assertion it should reject -the language identified by the Audit 

Division as a call to action is not electoral. The "call to action" is a solicitation of a contribution 

(or a request to register to vote), not an explicit directive to vote for or against any clearly 

identified federal candidate. In analyzing these solicitations, no reference need be made to the 

MRP's obvious intent to solicit its own contributions in these communications with its own 

messagmg. 

While we assert that the Commission should reject this finding in its entirety for the 

reasons stated herein, we further assert that MRP and similarly situated parties lack notice that 

the Commission has taken the view that incidental issue or politic1;1l advocacy language can 

transform typical party expenses such as these into independent expenditures. 

Notwithstanding these objections, at a minimum, $22,393 of the proposed amount in this 

finding should be rejected because the Audit Division has based its conclusion on 11 C.F.R. § 

100.22(b), when the Commission has failed to approve findings where language does not meet 

the requirements of 11 C.F.R. § 100.22(a). Ex. 1. 

If the Commission rejects or modifies the proposed Audit Division recommendation 

MRP intends to amend its reports to materially correct its reporting in conformance with the 

Commission's determination. 

Exhibit 1. Analysis of Eight MRP fundraising/registration mailings. 

Mailing-# Language ldentificd by Audit Division Audit Division 

Citation 

2 "If we unite to support Donald Trump" we 

still have a chance to save our country for the 

future 

I00.22(a) This is a political statement lacking an 

electoral call to action 

3 Stop Hillary 100.22(a) Phrase is included in the context of 

noting that "Obama-Clinton policies" 

"have weakened our standing in the 

world ... " 

4 You can make a difference to support Donald 

Trump and to stop Hillarv Clinton 

100.22(a) Explains how contribution will be used; 

voter re2istration request, as well 

I We must elect a Republican as the 451 

" 

President of the United States 

I00.22(b) Identifies MRP's goal and adjacent to 

issue content in the same sentence: "For 

the sake of free enterprise, limited 

government, border security, a resurgent 

economy, a rebuilt military and ,, America's place in the world ... 

5 Donald Trump on the other hand will 

nominate Supreme Court Justices who will 

protect the Constitution 

I00.22(b) In no way constitutes electoral speech 

Analysis: All mailings solicit 

contributions and 100.22 is in a.Qt even 

if relevant, 100.22 is not met. as 

follows: 

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6 make sure that Donald Trump's message of 

Making America Great Again can be 

delivered 

100.22(b) Explains MRP role and use of potential 

contributions 

7 Make sure Republicans in Mississippi turn out 

to vote and sent Donald Trump to a landslide 

victory here 

l00.22(b) Explains MRP role and use of potential 

contributions 

8 Here is the candidate I support as our 2016 

Republican nominee for President 

100.22(b) Noted language is couched in terms of 

the prospective donor's speech; is 

essentially a poll 

Thank you for your consideration and please do not hesitate to contact us if you have any further 

questions. 

lJPc!--

Lucien Smith 

Chairman Treasurer 

Mississippi Republican Party Mississippi Republican Party 

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