JILL STEIN FOR PRESIDENT

PO BOX 260197

MADISON, WI 53726

Jill Stein for President | PO Box 260197, Madison, WI 53726

www.Jill2016.com | Finance@Jill2016.com

January 12, 2018 

Federal Election Commission

ATTN: Mary Moss

999 E Street, NW 

Washington, DC 20463 

The Jill Stein for President Campaign submits the enclosed response to the Preliminary Audit Findings 

dated November 30, 2017. 

While the Committee agrees with most of the findings and recommended remedies, the Committee is 

requesting consideration of a single item and makes a few proposals herein.

If you have any questions concerning this response, please contact us at Finance@Jill2016.com or 

Treasurer@Jill2016.com. 

Sincerely,

Matt Kozlowski

Director of Compliance 

Jill Stein for President

Attachment 1 - 1 of 4
JILL STEIN FOR PRESIDENT

PO BOX 260197

MADISON, WI 53726

Jill Stein for President | PO Box 260197, Madison, WI 53726

www.Jill2016.com | Finance@Jill2016.com

The Jill Stein for President Committee (hereafter “the Committee”) requests consideration of the 

following response to the Preliminary Audit Findings dated November 30, 2017. 

I. Background

The Jill Stein for President Campaign disputes preliminary finding 1 “Matching Funds Received

in Excess of Entitlement” contained within the Preliminary Audit Findings presented during the

Audit Exit Conference. This dispute arises from the determination of the Committees Date of

Ineligibility (“DOI”) and the relevant Primary costs incurred in relation to and after this date.

II. Determination of Date of Ineligibility

In the course of operating, the Committee anticipated that its costs for Ballot Access expenses and

the related organizational costs incurred as a direct result of Ballot Access expenses would be

considered Qualified Primary Expenses and would be considered in determining the Committee’s

DOI. This assumption was based largely on Advisory Opinion 1995-45 which finds that:

It has long been the view of the Commission that, for non-major party candidates, the 

process by which they satisfy the requirements of State law governing qualification for a 

position on the general election ballot serve purposes similar to a primary election or 

other nominating process. This view is supported by the Commission regulations defining 

the term “election,” which state that, for non-major party and independent candidates, the 

day prescribed by applicable State law as the last day to qualify for a position on the 

general election ballot may be designated as the primary election for such candidate. 11 

CFR 100.2(c)(4)(i). AO 1995-45 

In the 2016 Presidential Election cycle, the following states had State deadlines and qualifications 

after the date of the Green Party’s Presidential Nominating Convention and DOI: 

Alabama – August 18th, 2016 Alaska – August 10th, 2016 

Arizona – September 9th, 2016 California – August 12th, 2016 

Colorado – August 10th, 2016 Connecticut – August 10th, 2016 

Delaware – August 20th, 2016 Florida – September 1st, 2016 

Hawaii – August 10th, 2016 Idaho – August 30th, 2016 

Iowa – August 19th, 2016 Kentucky – September 9th, 2016 

Louisiana – August 19th, 2016 Minnesota – August 23rd, 2016 

Mississippi – September 9th, 2016 Montana – August 17th, 2016 

New Hampshire – August 10th, 2016 North Dakota – September 5th, 2016 

Ohio – August 10th, 2016 Oregon – August 30th, 2016 

Rhode Island – September 9th, 2016 Tennessee – August 18th, 2016 

Utah – August 15th, 2016 Virginia – August 26th, 2016 

Wyoming – August 29th, 2016 

Attachment 1 - 2 of 4
JILL STEIN FOR PRESIDENT

PO BOX 260197

MADISON, WI 53726

Jill Stein for President | PO Box 260197, Madison, WI 53726

www.Jill2016.com | Finance@Jill2016.com

In this election cycle, the Committee was successful in attaining many of the above deadlines 

prior to the Green Party Convention date, but the remining states with deadlines after the DOI 

required a significant majority of the Committee’s resources in order to successfully qualify. 

These resources include, but are not limited to, monetary resources to pay for ballot petitioning 

and related expenses, staff time to coordinate such efforts nationally, fundraising efforts, and 

administrative resources.

As of the DOI, the Committee was still actively petitioning in the following states:

Alabama, Connecticut, Idaho, Iowa, Kentucky, Minnesota, Montana, Nebraska, New Hampshire, 

North Dakota, Rhode Island, South Dakota, Utah, Virginia, and Wyoming. 

III. Impacts of Early DOI Date and Calculation of Expenses

Under the current DOI and the calculation of incurred expenses as applied in the Preliminary

Audit Findings report, there are a large number of expenses that are clearly primary-related ballot

access expenses and other primary-related expenses that have not been recognized for the full

cost incurred by the Committee. It is the view of the Committee that this rule, as applied, causes

de facto discrimination against non-major party candidates utilizing the Primary Matching Funds

program as it forces committees to act in the following potential ways that are inconsistent with

existing regulations and conventional campaign practices:

1. Forces committees to fundraise for primary expenses after the DOI has passed;

2. Forces committees to fundraise excessively in advance of determining campaign needs;

3. Incur clearly primary-related expenses without the ability to properly utilize the program;

4. Delay practical expenses and preparations for FEC Audits, winding down planning, and other

actions which increase efficiency and timeliness of compliance with regulations and other

requirements; and/or

5. Undertake operations in a way that inherently weakens the committee’s ability to attain ballot

access in states with later petitioning or qualification deadlines.

All of these scenarios (or any combination of these scenarios) have the inherent effect of causing 

non-major party committees to use public funds in an inefficient manner, fundraise under 

questionable pretenses, blur the line between primary election and general election fundraising 

and expenses, or suffer electoral consequences for compliance with existing rules as applied.

While the Committee acknowledges that the findings in the Audit Division’s Preliminary Audit 

Findings clearly allow varying percentages of expenses incurred after the DOI, it excludes 

significant portions of these expenses and outright disallows other clearly primary-related 

expenses. 

Attachment 1 - 3 of 4
JILL STEIN FOR PRESIDENT

PO BOX 260197

MADISON, WI 53726

Jill Stein for President | PO Box 260197, Madison, WI 53726

www.Jill2016.com | Finance@Jill2016.com

IV. Statement of Questions for Legal Consideration

The Committee asks that the Commission consider the following questions:

1. Are clearly primary-related expenses (such as ballot access expenses) incurred after a

convention date qualified primary expenses under the Primary Matching Funds program?

2. Should committees be allowed to incur Winding Down expenses and other Primary expenses

after the DOI if they are clearly incurred to improve compliance with existing laws and

regulations or if they are clearly required in the course of seeking the qualification for the

ballot in various states?

3. Should the DOI be applied as of the dates of conventions, or in the case of non-major party

candidates, as the last dates by which they are seeking qualification for the ballot in a state?

V. Suggested Remedies

In order to accurately and fairly assess the costs of the Committee and determine the Net

Outstanding Campaign Obligations and any corresponding repayment order, the Committee

suggests one of the following approaches or a combination thereof:

1. Count all clearly primary-related expenses as 100% primary, regardless of the determined

incurred date of the expense.

2. Re-examine the eligibility of various expenses post-DOI in order to assess a fair calculation

of their relevance to the primary.

3. Re-examine the Committee’s DOI based on the states where ballot access petitioning efforts

where in effect and their corresponding deadlines.

VI. Conclusion

Thank you for the opportunity to respond to the Audit Division’s findings and recommendations.

The Committee fully intends to continue to comply and cooperate with the Commission’s

recommendations and determinations. The Committee extends its warmest thanks and

appreciation to the Audit Division for their understanding, assistance, and professional demeanor

in handling fieldwork and post-fieldwork.

Sincerely, 

Jill Stein for President

Attachment 1 - 4 of 4