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      FEC Issues Three Advisory Opinions

Press ReleaseFEC Issues Three Advisory OpinionsJuly 29, 2009 WASHINGTON – At its open meeting yesterday, the Federal
Election Commission issued three Advisory Opinions and requested further
drafting of a fourth. It held over a vote on one Advisory Opinion, and could
not reach an opinion on another. In Advisory Opinion 2009-15
(Bill White for Texas), the Commission concluded that the Bill White for
Texas Committee may accept contributions for a special or runoff election that
has not been scheduled or may not occur. Bill White is a candidate in the 2012
Texas Senate Primary. The current officeholder may resign her seat before her
term expires, in which case a special election would be held to fill the seat
for the remainder of her term. In its opinion, the Commission concluded that
before a special election is called, the Committee may accept contributions
that are alternatively designated for the 2012 primary or a possible special
election.  If a special election is subsequently called, these
contributions would be considered to have been made for the special election
without the Committee having to obtain redesignations from the contributors. In
Advisory Opinion 2009-16 (Libertarian Party of Ohio), the Commission concluded
that the Libertarian Party of Ohio (the LPO) qualifies as a state party
committee. The Commission based its decision on the fact that the LPO’s
situation satisfies the three criteria necessary for recognition as a state
committee of a political party within the meaning of the Federal Election
Campaign Act of 1971, as Amended (the Act), and Commission regulations: the
Libertarian Party qualifies as a political party, the LPO is part of the
official Libertarian Party structure, and the LPO is responsible for the daily
functions of the party at the state level. In Advisory Opinion 2009-18
(Penske Truck Leasing Co., L.P.), the Commission concluded that Penske PAC and
General Electric Company PAC (GEPAC) may disaffiliate. The Commission based its
decision on a change in the terms of the primary source of funding for the
Penske Truck Leasing Co., L.P. Joint Venture, a revolving line of credit, as
well as other steps the Joint Venture and the GE limited partners remain have
taken toward disaffiliation. In Advisory Opinion Request
2009-13 (Black Rock Group), the Commission asked the Office of the General
Counsel to circulate an amended draft. The Black Rock Group, a communications
and public affairs firm, seeks to serve as a vendor advising one or more
single-member limited liability companies that make independent expenditures
concerning federal candidates and elections. Black Rock Group asks whether its
services would trigger political committee status for its clients. In Advisory Opinion 2009-14
(Mercedes-Benz USA LLC and Sterling Truck Corporation), the Commission decided
to hold over a vote on and to extend the comment period. MBUSA and Sterling
asked whether MBUSA can establish and fund the administrative and solicitation
costs of a separate segregated fund (SSF) for which Sterling would serve as the
connected organization. MBUSA and Sterling are affiliated organizations with a
common parent: Daimler North America Corporation, a wholly owned subsidiary of the
German corporation Daimler AG. The request also addresses the conventions that
govern naming an SSF. MBUSA and Sterling have specifically asked whether the
proposed SSF could be called DaimlerPAC. In
Advisory Opinion Request 2009-17 (Romney for President, Inc.), the Commission
was unable to reach an opinion. In the request, the Committee asked whether, as
it winds down to terminate, it can donate to a qualified charitable
organization funds equivalent to the amount of un-cashed and stale-dated refund
checks it issued to people who made excessive contributions to Gov. Mitt
Romney’s 2008 presidential primary campaign.


Read next: Committees Fined for Filing Reports Late
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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.


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