FEC Releases Draft A For State Party Recount Fund Advisory Opinion Request

Federal Election Commission

Federal Election Commission

The Federal Election Commission (“FEC”) just released Draft A responding to an advisory opinion request by the Democratic-Farmer-Labor Party (the Minnesota Democratic state party) seeking permission to use excess recount funds raised for the 2008 election recount and contest in connection with future recounts and election contests.

Draft A concludes that the 2008 recount funds may be used by the state party for future recount activities.  It also concludes that the state party may not transfer such funds to its federal election account for the 2010 elections.  However, Draft A does provide that the donors may redesignate their recount fund donations in writing to the state party’s federal account for use in the 2010 elections so long as it does not cause the donor to exceed his or her 2010 contribution limits.

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