FEDERAL ELECTION COMMISSION 

WASIIINCTON, D.C 204f> l 

MEMORANDUM 

TO: 

FROM: 

The Commission 

Adav Noti Atl 

Acting Associate General Counsel 

Policy Division 

Lorenzo Holloway ~--·- _ 

Assistant General Counsel 

for Compliance Advice 

Joshua Blume ~ Attorney 

AUG 0 8 2016 

SUBJECT: Gary Johnson 2012, Inc.- Request for Extension of Time (LRA # 905) 

I. INTRODUCTION 

On August 4, 2016, Gary Johnson 2012, Inc. (the ··committee'') filed a request for an 

extension of time of90 days to repay the sum of$333,441. We have reviewed the Committee's 

request and believe that the Committee has shown good cause for the extension. Consequently, 

for the reasons set forth herein, we recommend that the Commission approve the Committee's 

request for an extension oftime. 

II. THE COMMISSION SHOULD GRANT THE COMMITTEE'S EXTENSION 

REQUEST 

The Commission· s regulations authorize it to grant a candidate subject to a repayment 

obligation an extension oftime of up to 90 calendar days to make the repayment. 11 C.F.R. 

§ 9038.2(d)(2). Requests for extensions of time to fulfill obligations prescribed in part 9038 of 

the Commission's regulations. ofwhich the obligation to make a repayment is one, are governed 

by II C.F.R. § 9038.4. Under this provision, a committee may apply for an extension oftime in 

writing. and must demonstrate that good cause exists for the extension. 11 C.F.R. § 9038.4(b). 

To qualify as timely, the committee must apply no later than seven calendar days before the 

ending of the applicable time period. 11 C.F.R. § 9038.4(c). Here, the Committee has submitted 

a timely application for an extension by filing its request on August 4- eight days before the 

repayment due date of August 12. 
Memorandum to Commission 

Gary Johnson 2012, Inc. Extension of Time Request 

LRA # 905 

Page 2 of2 

We recommend that the Commission grant the Committee's request. 1 To receive an 

extension oftime, the Committee must show good cause. 11 C.F.R. § 9038.4(b). In support of 

its request the Committee indicates that it wishes to tile an advisory opinion request ("AOR") 

with the Commission in order to obtain clarification from the Commission of the range of 

options the Committee may have available to it to meet the repayment obligation. 2 

Based on this showing, we believe there is good cause to grant the extension request. 3 In 

previous filings, the Committee has indicated that it does not have sufficient funds to meet the 

repayment obligation, 4 and, while the Commission's regulation provides that repayments may be 

made only from specifically listed sources, 11 C.F.R. § 9038.2(a)(4), the Committee should be 

given time to ask questions about this regulation before making the repayment.:; 

III. RECOMMENDATION 

The Office of General Counsel recommends that the Commission grant the Committee's 

request for an extension of time to make a repayment of $333,441 for a period of 90 calendar 

days. 

Attachment 1 -Letter from Dan Backer, Esq. to Commission Requesting Extension ofTime, 

dated August 4, 2016. 

In the event that the Commission grants the Committee's request, the new due date for repayment will be 

November I 0, 2016. 

We have supplemented the Committee's request with a previous e-mail that the Committee submitted to us, 

which addresses in greater detail some of the potential questions that the Committee may raise in its AOR. 

See 

We note that under the terms of the Commission's regulations, accrual of interest on the amount required to 

be repaid will begin after August 12, 2016 regardless of whether the Commission grants the Committee's extension 

request. See II C.F.R. § 9038.2(d)(3). 

See Letter to Commission from Dan Backer, Esq. (Petition for Rehearing), dated Apr. 25, 2016, at 2. 

It is conceivable that the time required for the Commission to issue an advisor; opinion may exceed 90 

days. Despite this possibility, however, section 9038.2(d)(2) limits the extension to a maximum of90 days.