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FEC finalizes Oct. 28, 2023 as Mike Pence's date of ineligibility for matching funds

Federal Election Commission · June 27, 2024
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Summary

The Federal Election Commission voted unanimously on June 27, 2024 to adopt the Office of General Counsel's recommendation that Oct. 28, 2023 be the date Mike Pence became ineligible to receive federal matching payments; Mr. Pence had stipulated to that date in a June 10 response, OGC said.

The Federal Election Commission voted 5 to 0 on June 27, 2024 to make a final determination that Oct. 28, 2023 is the date Mike Pence became ineligible to receive federal matching payments, commissioners said at the agency's open meeting.

The decision implements the Office of General Counsel's recommendation to: (1) make a final determination that Oct. 28, 2023 is the date of ineligibility; (2) approve the OGC draft notice of final determination analyzing factors in the cited regulations; and (3) approve the appropriate letter to reflect that determination. Mr. Bloom of the Office of General Counsel told commissioners the commission previously made an initial determination on May 16, 2024 and that Mr. Pence responded on June 10, 2024 agreeing to stipulate to Oct. 28, 2023 as the date of ineligibility.

"The commission determined Mr. Pence eligible to receive federal matching payments for his primary campaign on May 16, 2024," Mr. Bloom said, and the initial OGC analysis identified Oct. 28, 2023, the date Mr. Pence announced the suspension of his campaign, as the date of ineligibility under the cited statutory and regulatory provisions. OGC told the commission that matching payments after a candidate's date of ineligibility may be paid only to the extent the candidate has net outstanding campaign obligations and qualifying winding-down costs.

Commissioner Trainer moved the motion to adopt the recommended action as set forth in draft B. The Chair called the question and announced the motion carried 5 to 0, with the Chair, Commissioner Trainer, Commissioner Dickerson, Commissioner Bard and Commissioner Lal recorded in favor and the Vice Chair unavoidably absent.

The record for the item includes OGC's legal citations and the draft notice and letter the office presented for approval. The commission did not record substantive debate on the floor and OGC staff said they would answer any questions; none were raised. The final determination and approved notice conclude the commission's public action on this matter for the session.

Next steps indicated during the item were limited to issuance of the approved notice and letter; the commission did not announce any further administrative actions at the meeting.