On August 10, 2020, the Commission closed the file on an advisory opinion request (AOR) submitted on June 9, 2020 by Shaun McCutcheon, a former candidate for the Libertarian National Party’s presidential nomination, and McCutcheon for Freedom, his principal campaign committee. The request asked whether funds McCutcheon had contributed to his campaign before he lost the Libertarian Party’s nomination may be transferred to the general, unrestricted federal account of the Libertarian National Committee, Inc. The request also asked whether McCutcheon, as a former candidate, may now contribute an unlimited amount of personal funds to his principal campaign committee and thereafter transfer those funds to the general, unrestricted federal accounts of the Libertarian National Committee, Inc. and/or the Republican National Committee. Under the Federal Election Campaign Act, the Commission must either issue an advisory opinion or a written response stating that the Commission was unable to approve an advisory opinion by the required affirmative vote of four Commissioners within 60 calendar days after receiving a complete advisory opinion request. As the Commission currently lacks a quorum of four Commissioners to take action on advisory opinion requests, the Commission was unable to render an opinion in this matter.
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