CHAIR ELLEN L. WEINTRAUB
FEDERAL ELECTION COMMISSION
W A S H I N G T O N ,

D . C .

2 0 4 6 3

November 22, 2019
The Honorable William J. Pascrell, Jr.
U.S. House of Representatives
2409 Rayburn House Office Building
Washington, DC 20515
Dear Congressman Pascrell:
Thank you for your letter of October 28, 2019, which urges the Federal Election
Commission to investigate the debts of the Donald J. Trump for President, Inc., campaign
to local law enforcement for public safety and protection services at campaign events.
The Federal Election Campaign Act (“FECA”) specifies that prior to investigating
an alleged violation of the FECA, the Federal Election Commission must first determine
“by an affirmative vote of 4 of its members” that the Commission has reason to believe
that a person committed a violation of FECA. 1 The Commission can make such a
determination in response to a complaint that can be filed by any person who believes a
violation of FECA has occurred. 2 FECA requires the Commission to keep confidential
any complaints it has received until the enforcement matter is resolved and the case is
formally closed. 3 Thus, the Commission is limited in the information it may reveal about
its enforcement activities, including whether any complaints are pending or not about any
particular allegation. If you would like the Commission to consider a complaint alleging
violations of FECA, Commission staff are available to assist you or your staff in filing a
complaint that meets the statute’s requirements, which include a notarized signature
under penalties of perjury. 4
Since September 1, 2019, the Federal Election Commission has had only three
Members. Consequently, any complaints filed since then cannot be acted upon by the
Commission. Nonetheless, staff in the Office of General Counsel continue to process
complaints and responses to them. Recommendations for Commission action on those

1

52 U.S.C. § 30109(a)(2).

2

52 U.S.C. § 30109(a)(1).

3

52 U.S.C. § 30109(a)(12). The documents that the Commission releases publicly at the conclusion
of an enforcement action reflect the careful consideration each complaint receives and provide a basis for
Congressional oversight of the Commission’s enforcement results.
4

See 52 U.S.C. § 30109(a)(1) (requiring that complaints be in writing, signed, notarized and sworn
to under penalty of perjury and subject to the provisions of section 1001 of Title 18, United States Code, by
the person filing such complaint).

 Letter from Chair Ellen L. Weintraub
Federal Election Commission
Page 2 of 2

complaints are prepared and then await the nomination and confirmation of additional
Commissioners.
We appreciate your interest in any matters over which the Commission may have
jurisdiction. Should you or your staff members wish to communicate further on these or
any other matters at any time, please do not hesitate to contact me at (202) 694-1035 or
eweintraub@fec.gov or Duane Pugh, the Commission’s Director of Congressional
Affairs, at (202) 694-1002 or dpugh@fec.gov.

On behalf of the Commission,

Ellen L. Weintraub
Chair