FEC Issues Reporting Guidance Following CREW v FEC - State and Federal Communications

October 8, 2018  •  

FEC Issues Reporting Guidance Following CREW v FEC

On October 4, the Federal Election Commission (FEC) issued new guidance on the reporting of political contributions made to nonprofit organizations making certain independent expenditures.

The guidance, released in an FEC press release, was issued in reaction to a federal court’s decision in CREW v FEC, which ruled a campaign finance disclosure regulation followed for decades by the FEC failed to uphold disclosure requirements required by a federal statute.

Chief Judge Beryl A. Howell of the United States District Court for The District of Columbia found the FEC regulation 11 CFR §109.10(e)(1)(vi), did not comport with the statutory disclosure requirements of 52 U.S.C. §30104(c).

The district court found the regulation impermissibly narrowed the mandated disclosure in 52 U.S.C. §30104(c)(2)(C), which requires the identification of donors contributing for the purpose of furthering the non-political committee’s own express advocacy for or against the election of a federal candidate, even when the donor has not expressly directed the funds be used in the precise manner reported.

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