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FEC approves advisory opinion allowing redesignation of general‑election funds to a recount fund for Rep. Bob Good
Summary
The Federal Election Commission approved Advisory Opinion 2024‑8, concluding committees may seek donors' permission to redesignate general‑election contributions to a recount fund for Representative Bob Good; the commission adopted Draft B (24‑25B) with an added citation to a court‑ordered recount.
The Federal Election Commission voted July 25, 2024 to approve Advisory Opinion 2024‑8, concluding that a federal candidate’s principal campaign committee may ask general‑election contributors for permission to redesignate contributions to a recount fund.
The commission considered two alternative draft opinions prepared by the Office of General Counsel. Ms. Wald Striker, the OGC presenter, told commissioners that both drafts “conclude that the proposed activity is permissive” because nothing in the commission’s regulations expressly prohibits redesignations for a recount and prior commission decisions allowed redesignations in circumstances not specifically addressed by existing rules.
The commission first voted on Draft A (agenda document 24‑25DA). A commissioner who sponsored Draft A moved its approval; that motion failed 1‑3 with two abstentions. The recorded votes were: yes=1 (the mover), no=Vice Chair, Commissioner Lindom, Commissioner Brousard; abstain=Commissioner Dickerson, Commissioner Trainer.
Vice Chair then moved approval of Draft B (agenda document 24‑25B) with a factual revision and footnote adding that a Charlottesville Circuit Court had scheduled a recount for Virginia’s 5th Congressional District on July 31, 2024. The commission approved Draft B 5‑1. The commission’s vice chair, Commissioner Lindom, Commissioner Dickerson, Commissioner Ard and Commissioner Trainer voted in favor; the chair opposed.
Both drafts addressed whether redesignated funds must comply with the amount limits and source prohibitions of the Federal Election Campaign Act. Draft A did not re‑litigate prior conclusions about those limits in depth because OGC believed the contributions at issue already complied; Draft B stated the recount fund is a separate account subject to separate contribution limits.
No public comments on the request or the drafts were received, OGC said. The advisory opinion provides written guidance to the requester, Good for Congress, and clarifies that redesignation in these circumstances is permissible so long as regulatory requirements governing redesignations and contribution limits are satisfied.
The commission moved on to other rulemaking items after the vote.
