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September 2, 2014

FEC Approves Same-Sex Couples Advisory Opinions

The Federal Election Commission approved three advisory opinions Thursday.

Advisory Opinion 2013-05 (Gallegly). The commission concluded that the requestor, a former member of the House, may use campaign funds to pay for the temporary storage of his officeholder and campaign materials pending their final disposition after his retirement from federal office because these are ordinary and necessary expenses incurred in connection with his duties as a federal officeholder.

Advisory Opinion 2013-06 (DSCC). The commission concluded that (1) same-sex couples married under state law are “spouses” for the purpose of Commission regulations and therefore the requestor may apply 11 CFR 110.1(i) to the contributions it receives from such persons, (2) a Senate candidate who is legally married to a same-sex spouse may utilize “jointly owned assets” under 11 CFR 100.33(c) and 100.52(b)(4) under the same conditions as a Senate candidate who is married to an opposite-sex spouse, and (3) DSCC representatives may appear at restricted-class events, pursuant to 11 CFR 114.3(c)(2), at which legally married same-sex spouses are present as “families” of other restricted class members under 11 CFR 114.1(j).

Advisory Opinion 2013-07 (Winslow II). The commission concluded that same-sex couples married under state law are “spouses” for the purpose of commission regulations and therefore the requestor may apply 11 CFR 110.1(i) to the contributions it receives from such persons.

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