Memorandum To: From:

Re:

Strumwasser & Woocher LLP 10940 Wilshire Blvd., Suite 2000 Los Angeles, CA 90024 Date: February 26, 2018

Flip the 49th Neighbors in Action Fredric D. Woocher Strumwasser & Woocher LLP Candidate Viability Forum Flip the 49th Neighbors in Action (“Flip the 49th”) is a “hybrid PAC,” also called a “Carey PAC,” registered with the Federal Elections Commission. In addition to operating as a traditional non-connected PAC that may make contributions to federal candidates using restricted funds, Flip the 49th also maintains a separate bank account for funds that may be raised in unlimited amounts and used for independent expenditures. (See Carey v. FEC, 791 F.Supp.2d 121 (D.D.C. 2011).) In March, Flip the 49th will host a candidate forum for the Democratic Party candidates in the 49th Congressional District. As a hybrid PAC, Flip the 49th is permitted to host such a forum, but because only Democratic Party candidates are invited to attend, all event expenses must be paid for out of the committee’s federal candidate contribution account using federally permissible funds (i.e., funds raised subject to federal limits and donor restrictions). These nominal expenses, which would include refreshments and logistics support, will be pro-rated and reported as in-kind (nonmonetary) contributions to the candidates who participate in the forum. Prior to the forum, Flip the 49th released findings and an analysis from a public opinion poll and distributed the polling results to the general public. The polling results will also be discussed at the upcoming candidate forum, with all of the information about and from the poll being made available to the Democratic Party candidates, as well as to the public. As long as this polling information is made available to all candidates on the same terms and conditions as it is made available to the public, the receipt of this information by the candidates will not be considered an inkind contribution from Flip the 49th, nor will the distribution of the polling results be considered a “coordinated communication” with any of the candidates. (See 11 CFR § 106.4(c); FEC Advisory Opinion 2016-21 (Great America PAC).) Similarly, representatives of Flip the 49th may communicate with candidates and their campaigns regarding the logistics of the forum and the topics to be addressed at the forum without those communications being considered as “coordinated communications” and without incurring in-kind contributions from Flip the 49th to the candidates. Finally, hosting the forum will not preclude Flip the 49th from subsequently making independent expenditures out of its non-restricted account in support of or in opposition to any federal candidates, including any of those candidates who participated in the forum. As mentioned above, as long as Flip the 49th’s communications with candidates and their campaigns prior to the forum are limited to topics relating to the logistics and subject matter of the forum itself (including the publicly available polling information), those communications will not be considered to be “coordinated communications” and will not affect Flip the 49th’s ability to make independent

Flip the 49th February 26, 2018 Page 2 expenditures in the future relating to any candidates in the 49th Congressional District. Please feel free to contact us if you have any additional questions.