Federal Election Commission Activity

FEC Weekly Digest:

Some interesting Advisory Opinion drafts this week.

Drafts

AO 2010-21 (ReCellular, Inc.). On October 1, the Commission made public a draft of Advisory Opinion 2010-21.ReCellular purchases used cell phones from individual consumers, and currently allows consumers to donate their sale proceeds to charity through the ReCellular website.ReCellular asks whether it may also allow consumers to contribute their sale proceeds to political committees.

Supplement Received

AOR 2010-25 (RG Entertainment). On September 28, the Commission made public a Supplement to Advisory Opinion Request 2010-25. In the request, RG Entertainment, Ltd., Star Parker, Star Parker for Congress, Motive Entertainment, Inc., engage4 LLC, and InService America, Inc. ask whether (1) disbursements in connection with the production, marketing, and distribution of a documentary film and its trailer would be covered by the press exemption or would constitute bona fide commercial activity; (2) payments for the production and distribution of the film would constitute a coordinated communication with Parker, a candidate who appears in the film; (3) public theatrical exhibitions of the film would require disclaimers; and (4) Parker's appearances and licensing activities in conjunction with screenings of the film would be subject to the Federal Election Campaign Act of 1971, as amended (the Act) and Commission regulations.

Comment Received

AOR 2010-23 (CTIA - The Wireless Association). On September 24, the Commission received a comment on Advisory Opinion Request 2010-23. In the request, CTIA - The Wireless Association asks whether it may administer Common Short Codes (five- or six-digit numbers) to allow the use of cellular phone text messaging for anonymous contributions to candidates and political committees.

Advisory Opinions and Requests are available here.