On February 25, the Federal Election Commission (FEC) approved an advisory opinion allowing certain PACs to use aggregated data collected from the PAC’s contributors to advance the PAC’s political interests.

Advisory Opinion 2021-02 holds an independent expenditure-only PAC may inform a member of Congress or congressional candidate of the number of its contributors who live in the relevant state or district and the collective dollar amount that they give to the PAC. The request for the opinion was made by FEN-PAC, an independent expenditure-only political committee engaging lawmakers and candidates to advocate on certain legislative and policy issues. FEN-PAC, in its request, said it would not disclose any contributor’s contact information, nor would FEN-PAC or any third parties use any individual contributor information to solicit contributions or to sell other products or services.

The FEC held such use of aggregate data does not violate the Federal Election Campaign Act or any FEC regulations because it is not being sold or used for either soliciting contributions or commercial purposes.

The FEC specifically did not address any other federal laws or regulations could be affected by the PAC’s use of the aggregated data.

On December 22, the Federal Election Commission (FEC) announced the election of Shana M. Broussard as its chairwoman for 2021.

Additionally, Allen Dickerson was elected as vice chair for next year.

Both Broussard and Dickerson, along with Sean Cooksey, were all confirmed by the U.S. Senate on December 9.

By confirming three new commissioners, the FEC, where only three of the agency’s six seats had been filled since July 4, are now able to conduct official business.

Federal law requires at least four commissioners agree on any official action. The positions of chair and vice chair are rotating, one-year positions.

On August 7, the Federal Election Commission’s published its civil monetary penalty amounts adjusted for inflation in the Federal Register.

The potential fine for civil violations of federal campaign finance laws now ranges from $6,069 to $70,973.

The amounts are calculated through a statutory formula applying the most recent “cost-of-living adjustment multiplier,” issued by the Office of Management and Budget, to the current amounts.

The amended civil monetary penalties took effect as of August 7, the publication date.

Caroline Hunter announced that she will resign from the Federal Election Commission (FEC) on July 3, 2020, leaving the agency without a quorum.

Hunter was appointed in 2008 by President George W. Bush for a six-year term, but stayed on for another six years due to a replacement not being appointed.

After her retirement, Hunter will be joining the philanthropic group Stand Together.

President Trump has nominated Allen Dickerson, the legal director for the conservative non-profit Institute of Free Speech, to replace Hunter.

The FEC, however, had only just regained a quorum this May after nine months of being unable to conduct business.

This delay was due to having only three of the agency’s six seats filled.

In response to several states postponing congressional and presidential primary elections to limit exposure to the COVID-19 virus, the Federal Election Commission (FEC) has been updating some of the campaign finance report due dates related to those elections.

The law requires many reports, such as pre-election reports, electioneering communications reports, and reports accounting for independent expenditures, base their due date and their covered periods upon the actual date of the election.

The FEC will adjust the deadlines for the relevant reports related to postponed elections.

Specifically, the FEC has directed that if a state postpones its election after the deadline for the applicable pre-election report, participating committees must file an additional pre-election report due 12 days before the new election date.

Otherwise, committees need only file the pre-election report for the new election date.

A political campaign affected by a postponement may continue to accept contributions until the date of the rescheduled election.

On March 17, the Federal Election Commission (FEC) announced it will be receiving but not processing mail.

The FEC closed its offices to visitors on March 13.

The delay in processing is due to the bulk of the agency’s staff teleworking in an effort to limit the spread of the coronavirus.

This affects all documents submitted on paper, including:

• • Non-electronically filed reports
  • Advisory opinion requests
  • Enforcement complaints
  • Court-case documents

While campaign finance reports filed electronically will be processed in the normal fashion, the FEC will not be processing campaign finance reports filed by mail or other delivery services until the agency resumes normal mail operations.

The FEC maintains filers should still continue to file their reports on time.

The FEC does not have legal authority to extend any deadlines, but it “may choose not to pursue administrative fines against filers prevented from filing by reasonably unforeseen circumstances beyond their control,” according to its press release.

All electronic filing systems, web-based programs, and the agency’s website remain online and functional.

The FEC staff will still respond to all telephone and email inquiries.

On March 10, the U.S. Senate Rules and Administration Committee will hold a nomination hearing.

This will comprise of the full committee to consider James “Trey” Trainor as a commissioner on the Federal Election Commission (FEC).

Trainor is a lawyer licensed in Texas who specializes in election law, campaign finance, and ethics.

Trainor previously served in the president’s administration as a Special Assistant to the Secretary of Defense, James Mattis, in the Department of Defense, Office of General Counsel.

President Donald J. Trump had originally nominated Trainor to serve as a commissioner in 2017, but a hearing was never held.

Currently the FEC, which has three of its six commissioner positions vacant, does not have a quorum to take most formal measures.

The FEC requires at least four commissioners to agree on any official action.

To become a commissioner, Trainor must be confirmed by the full U.S. Senate.

Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and the federal lobbyist bundling disclosure threshold.

The lobbyist bundling disclosure threshold has increased for 2020 from $18,700 to $19,000. This threshold amount is adjusted annually.

Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs.

Additionally, the FEC published its adjusted Coordinated Party Expenditure Limits for political parties for 2020.

On February 3, the U.S. Government Accountability Office (GAO) released a 74-page report discussing current federal campaign finance issues.

The report, Campaign Finance: Federal Framework, Agency Roles and Responsibilities, and Perspectives, offers observations from specialists on the issues.

Specifically, the report covers the legal framework of the federal campaign finance law, various federal agencies’ roles, responsibilities, and enforcement challenges, and several perspectives on certain segments of the legal framework.

One conclusion reached is “campaign finance statutes and regulations have not kept up with the rapid expansion of campaign spending on the internet and do not regulate online political ads to the same extent as television, radio, and print ads.”

Another conclusion is that campaign finance laws related to prohibited activities for foreign nationals may be inadequate to prevent all types of foreign involvement, such as funds raised by and through 501(c) organizations or limited liability companies, which historically have not been required to publicly report their funding sources.

The report also raises the issue of differing and opposing views regarding whether the public disclosure of campaign contributions helps inform the electorate or stigmatizes those supporting unpopular candidates or organizations.

The GAO report recommends the Federal Election Commission (FEC) and the Department of Justice coordinate together to review policies and campaign finance guidance, while acknowledging the FEC currently doesn’t have a quorum to make changes to guidance.

The GAO was asked to review issues related to the enforcement of federal campaign finance laws by Sen. Amy Klobuchar, Ranking Member on the Senate Committee on Rules and Administration.

The Federal Election Commission (FEC) is seeking public comments on proposals for rules requiring national party committees to report receipts and disbursements for their segregated accounts.

These comments must be submitted on or before October 28, 2019.

A petition filed by the Campaign Legal Center and the Center for Responsive Politics made a request to the FEC.

The request stated the national party committees report their receipts to and disbursements from the accounts in “inconsistent and insufficient ways,” making the public unable to clearly determine the amounts of money received and disbursed from the segregated accounts.

The notice of availability for the submission of public comments was issued in the August 28 Federal Register.

On August 31, Federal Election Commission (FEC) Vice Chairman Matthew Petersen will leave the agency, resulting in an FEC without the minimum quorum of four commissioners to make decisions on regulations or enforcements.

The FEC requires at least four commissioners to agree for any official action.

Peterson, who has served on the FEC for 11 years, announced his resignation on August 26 with a letter to the President Trump without stating a reason for his leaving.

A replacement for Petersen, a Republican, must be selected by the president and then confirmed by the U.S. Senate.

No more than three members of the FEC may be registered with the same political party.

The remaining FEC commissioners will be Chair Ellen L. Weintraub, a Democrat, Caroline C. Hunter, a Republican, and Steven T. Walther, an Independent.

On July 11, the Federal Election Commission (FEC) issued three Advisory Opinions addressing diverse campaign finance issues.

In Advisory Opinion 2019-08, the FEC found a campaign committee was free to distribute digital blockchain tokens, having no monetary values, to volunteers and supporters as incentives for those individual to participate in campaign activities. The Commission concluded the tokens do not constitute compensation, but rather are “materially indistinguishable” from traditional forms of campaign souvenirs.

In Advisory Opinion 2019-09, the FEC determined a nonconnected political committee may sell t-shirts bearing the facial likenesses and names of certain candidates because the committee intends on treating the entire purchase price of the t-shirts as contributions falling under regular campaign finance reporting requirements and contribution limits.

In the third decision issued, Advisory Opinion 2019-12, the FEC said it is permissible for a corporation to offer cybersecurity services to federal candidates and political committees under a “low to no cost” pricing tier that the corporation offers to all qualified non-political customers in the ordinary course of business. The FEC concluded the proposal would not be considered an in-kind contribution.

On May 28, the Federal Election Commission (FEC) announced the appointment of Tony Baptiste as Acting Inspector General of the agency.

Mr. Baptiste, who has worked with the Office of the Inspector General for 19 years, will leave his position at the Commodity Futures Trading Commission.

“We look forward to working with him and drawing upon his deep expertise,” said Chair Ellen L. Weintraub in the FEC’s press release.

His appointment with the FEC becomes effective on May 28.

On March 21, a federal court ruled an unconnected committee is not restricted from using candidates’ names in the titles of their websites and social media pages.

In Pursuing America’s Greatness v. FEC, the United States District Court for the District of Columbia granted the plaintiff’s motion for summary judgment and denied the motion for summary judgment from the Federal Election Commission (FEC).

The court ruled 11 C.F.R. § 102.14(a) unconstitutional and permanently enjoined the FEC from enforcing the application of 11 C.F.R. § 102.14(a).

Federal law requires a candidate’s committee to include the name of the candidate in the committee’s title and requires an unauthorized political committee to not use a candidate’s name in its title. The purpose of the law is to avoid confusion.

Through the regulation, the FEC had extended the naming prohibition to other committee activities, solicitations, and communications, including special project names for websites or social media pages.

The court found the regulation violates the First Amendment and the FEC had not shown the regulation is the least restrictive means of achieving the government’s interest.