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WASHINGTON, D.C.

April 24, 2017

Via electronic mail: LegalRequestProgram@fec.gov

Federal Election Commission

999 E Street NW

Washington, DC 20463

ATTN: Secretary to the Commission

Re: Friends of Mike Lee, C00473827, Request for Legal 

Determination 

To the Commissioners of the Federal Election Commission:

The undersigned serves as counsel to Friends of Mike Lee, the principal authorized 

campaign committee of Mike Lee, United States Senator from Utah, FEC ID #C00473827 (“the 

Committee”). 

The Committee received a Request for Additional Information (“RFAI”) from the 

Reports Analysis Division (“RAD”) on October 11, 2016, with regard to the Committee’s July 2016 

Quarterly Report. RAD directed the Committee to return all contributions received by the 

Committee designated for the Utah primary in June 2016. The Committee provided a response to 

RAD on December 2, 2016, in which the Committee pointed out that the 2016 Utah primary election 

and the 2016 Utah GOP nominating convention were separate elections under Utah state law and, 

pursuant to the Commission’s regulations and prior legal precedent, the Committee was permitted to 

raise and spend funds for both the primary election and the state party nominating convention, up to 

the time when the convention was concluded and Sen. Lee was officially nominated as the 

Republican candidate for the United States Senate to appear on the November 2016 General Election 

ballot in Utah.

RAD advised the Committee on April 20, 2017 that it had been informally advised by 

the Office of General Counsel to reject the Committee’s submission. No information regarding the 

basis on which the OGC rendered such advise has been provided to the Committee.

The request from RAD to refund all primary contributions received by the Committee 

is contrary to and otherwise inconsistent with prior Commission matters and advisory opinions 

dealing with the same issue.
April 24, 2017

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FOLEY & LARDN ER LLP

Please consider this a request for legal determination by the Commission with regard

to the question of whether funds raised for both a primary election and a state nominating convention 

are separate elections, allowing the Committee to solicit funds for both. This request for legal 

determination is warranted under the Commission’s Legal Request Program. See Federal Election 

Commission Notice 2016-02, 81 Fed. Reg. No. 93 39861, Friday, May 13, 2016.

The facts of this matter are not disputed and are described more specifically in the 

Committee’s submission to RAD. See Attached Exhibit, December 2, 2016 Letter to RAD from the 

Committee.

Prior to the GOP Nominating Convention, the Committee raised and spent substantial 

funds both for the Nominating Convention as well as gathering signatures to qualify for the 2016 

Utah Primary ballot, which followed the advice rendered by the Utah Lieutenant Governor’s office 

to all prospective candidates in January 2016. The Committee treated the Nominating Convention 

and the primary election signature gathering as two separate elections which, under Utah state law, 

they were. The Committee was not certain until April 23, 2016, at the conclusion of the GOP 

Nominating Convention, whether there was or was not going to be a contested primary election. 

After that date, the Committee accepted no further contributions designated for the 2016 primary. 

The scenario that unfolded in Utah in 2016 is identical to the situation in Connecticut 

described in FEC Advisory Opinion 2004-20. 

The Committee returned any / all contributions for the Utah 2016 primary received 

after the GOP Nominating Convention. However, it is contrary to law and Commission precedent to 

require the Committee to return primary contributions received before the convention during the 

time when a primary election was still a real possibility. Only after the GOP Nominating 

convention did it become clear that the primary election would not take place with regard to 

nominating the GOP candidate for the United States Senate.

The Committee requests that any legal analysis provided to RAD and to the 

Commission in this matter be disclosed to the Committee with the opportunity for our formal 

response prior to the Commission’s consideration of this matter. We have no idea what legal 

authority can possibly exist for RAD’s directive that the Committee refund primary contributions 

received before the date when a primary election was still scheduled to occur.

Accordingly, the Committee requests the Commission issue its legal decision 

directing RAD to withdraw its prior notice to the Committee requiring the return of primary 

contributions received prior to the 2016 GOP nominating convention. 

Please contact me at (202) 431-1950 or cmitchell@foley.com should the Commission 

need additional information.
April 24, 2017

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FOLEY & LARDN ER LLP

Thank you for your consideration of this Request for Legal Determination.

Sincerely,

/c/ Cleta Mitchell

Cleta Mitchell, Esq., Counsel

Friends of Mike Lee

Attachment – December 2, 2016 Committee Submission to RAD