On September 8,  the Federal Election Commission (FEC) announced it was seeking public input on ways to improve its report filing processes and public website.

The FEC is interested in recommendations and comments regarding potential opportunities for improving the process for filing required disclosure reports and for improving the organization, substance, and how to best provide the public with easily accessible information on its website.

Comments must be in writing and submitted by email to publiccomment2023-14@fec.gov. The comment window will close 60 days after publication of the Notification of Request for Public Comment in the Federal Register.

On May 2, U.S. Rep. Yvette D. Clarke introduced legislation into the U.S. House of Representatives to require disclosure of political campaign content created by artificial intelligence.

House Bill 3044 amends the Federal Election Campaign Act of 1971 (FECA) to provide transparency and accountability for the use of content generated by artificial intelligence (generative AI) in political advertisements.  It requires such advertisements to include a statement within the contents of the advertisements if generative AI was used to generate any image or video footage in the advertisements. The bill also expands FECA’s definitions of online platform.

If passed, the Federal Election Commission (FEC) would be required to make regulations within 120 days of the day of the enactment of the bill. Additionally, the bill explicitly states the legislation would come into effect on or after January 1, 2024, even if the FEC has not yet promulgated regulations to carry out the new law.

The bill, entitled the Require the Exposure of AI–Led Political Advertisements Act (REAL Political Advertisements Act) has been referred to the House Committee on House Administration.

On March 1, the Federal Election Commission’s (FEC) Final Rule concerning internet communications disclaimers took effect. With it, the definition of public communication was revised in 11 CFR  §110.11 in an attempt to clarify how it applies to general public political advertising over the internet.

The amendments to the rules for internet-specific disclaimer requirements endeavor to be analogous to those for print and broadcast media, while also accounting for the unique characteristics of internet public communications, according to the FEC. The new internet disclaimer provisions do not impose the stand-by-your-ad requirements applicable to radio and television advertisements.

The FEC stated it adopted these updates to the regulatory rules “in light of technological advances since the Commission last revised its rules governing internet disclaimers in 2006, and to address questions from the public about the application of those rules to internet communications,” according to the memorandum submitted earlier with a draft of the rule.

The Federal Election Commission (FEC) published the 2023-2024 election cycle contribution limits, which have been indexed for inflation.

As required by the Bipartisan Campaign Reform Act of 2002, the FEC must adjust certain contribution limits every two years.

The individual and nonmulticandidate PAC contribution limit to federal candidates has increased from $2,900 to $3,300 for both primary and general elections, allowing for a total of $6,600 for a federal candidate.

The limits on contributions by individuals to national party committees has increased from $36,500 to $41,300 per calendar year.

Individuals may now contribute $123,900 per calendar year to committees of a national political party for presidential nominating conventions, to committees of a national political party for preparation for and the conduct of election recounts and contests and other legal proceedings, and to committees of a national political party for the construction, purchase, renovation, operation, and furnishing of one or more buildings for party headquarters.

The Federal Election Commission has announced its civil monetary penalty amounts, adjusted for inflation, for 2023.

The potential fines for civil violations of federal campaign finance laws have increased to range from $7,028 to $82,188, from the previous range of $6,523 to $76,280.

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 December 29, 2022, the publication date in the Federal Register.

On December 1, the Federal Election Commission (FEC) formally approved a Final Rule and Explanation and Justification revising its disclaimer requirements for certain public communications placed for a fee on the internet. The FEC stated it is adopting these updates to the regulatory rules “in light of technological advances since the Commission last revised its rules governing internet disclaimers in 2006, and to address questions from the public about the application of those rules to internet communications,” according to the memorandum submitted with the approved draft.

By amending 11 CFR  §110.11, the regulations will require that disclaimers appear on certain public communications made over the internet. Some communications will be permitted to include an “adapted disclaimer” when a full disclaimer cannot be provided or would occupy more than 25 percent of the communication due to space or character constraints. The final rule also revises the definition of “public communication.” The term now includes  “communications placed for a fee on another person’s website, digital device, application, or advertising platform.”

The FEC also approved another measure seeking comments on whether its definition of “public communication” or “internet public communications” should also include internet communications that are “promoted for a fee” on another person’s website, digital device, application, or advertising platform. The Supplemental Notice will be published in the Federal Register at a future date. The goal of these proposals is to apply the Federal Election Campaign Act’s disclaimer requirements to general public political advertising on the internet and to revise the definition of “public communication” to clarify how it applies to such advertising.

The FEC must now transmit the approved regulations to the Speaker of the House of Representatives and the President of the Senate for a thirty-legislative-day review period.

On November 17, the Federal Election Commission (FEC) will consider updating regulations concerning disclaimers on public communications on the internet.

The 48-page draft to be considered relates to adopting final regulatory rules “in light of technological advances since the Commission last revised its rules governing internet disclaimers in 2006, and to address questions from the public about the application of those rules to internet communications,” according to the memorandum submitted for the upcoming FEC meeting.

The goal of these proposals is to apply the Federal Election Campaign Act’s disclaimer requirements to general public political advertising on the internet and to revise the definition of “public communication” to clarify how it applies to such advertising.

On August 2, Dara Lindenbaum was sworn in as a commissioner on the Federal Election Commission (FEC).

FEC Vice Chair Steven T. Walther, whom Lindenbaum is replacing, retired from the commission on August 1.

Lindenbaum, who was confirmed by the U.S. Senate in May, has worked as an attorney with Sandler Reiff Lamb Rosenstein & Birkenstock, P.C., and with the Voting Rights Project at the Lawyers’ Committee for Civil Rights Under Law.

With the appointment of Lindenbaum, the FEC will consist of three registered members of the Republican Party, and three registered members of the Democratic Party. No more than three members of the FEC may be registered with the same political party.

On May 24, the U.S. Senate confirmed the nomination of Dara Lindenbaum to serve as a commissioner on the Federal Election Commission (FEC).

In January, FEC Vice Chair Steven T. Walther announced he would be stepping down as commissioner upon the nomination and confirmation of his replacement.

Lindenbaum, who was nominated by President Joe Biden on January 21, is currently an attorney with Sandler Reiff Lamb Rosenstein & Birkenstock, P.C., previously worked with the Voting Rights Project at the Lawyers’ Committee for Civil Rights Under Law. According to her profile on her law firm’s website, she also currently serves as General Counsel to Stacey Abrams’ campaign for Governor of Georgia.

With the appointment of Lindenbaum, there will be three registered members of the Republican Party, and three registered members of the Democratic Party.

On May 17, the Federal Election Commission (FEC) made available its updated FEC Form 1, the Statement of Organization for Political Committees, which now includes designations for superPACs and Hybrid Committees.

SuperPACs, which are technically independent expenditure-only political committees, and Hybrid Committees, which in turn are committees with separate non-contribution accounts, were required to file separate letters along with the old FEC Form 1 to receive those designations.

Additionally, the FEC has also released a new version of FECFile, its Windows-based software system committees can use for electronic filing, and a new version of its online webform.

On May 3, the U.S. Senate Committee on Rules and Administration favorably reported to the full Senate its approval of the nomination of Dara Lindenbaum to serve as a commissioner on the Federal Election Commission (FEC).

In January, FEC Vice Chair Steven T. Walther announced he would be stepping down as commissioner upon the nomination and confirmation of his replacement.

Lindenbaum, who was nominated by President Joe Biden on January 21, is currently an attorney with Sandler Reiff Lamb Rosenstein & Birkenstock, P.C., previously worked with the Voting Rights Project at the Lawyers’ Committee for Civil Rights Under Law. According to her profile on her law firm’s website, she also currently serves as General Counsel to Stacey Abrams’ campaign for Governor of Georgia.

With the appointment of Lindenbaum, there will be three registered members of the Republican Party, and three registered members of the Democratic Party. No more than three members of the FEC may be registered with the same political party.

To become a commissioner, Lindenbaum must now be confirmed by the U.S. Senate.

“Going forward,” the Federal Election Commission (FEC) will require disclosure requirements for contributions received from limited liability companies (LLCs) be applied to independent expenditure-only political committees (i.e., Super PACs) in the same manner in which they are applied to all other political committees.

On April 15, four of the six commissioners issued a “Statement of Reasons” for their conclusion of a closeout of a complaint. In the statement, which refers to Matters Under Review (MUR) 7454, Chairman Allen Dickerson, Vice Chair Steven T. Walther, Commissioner Shana M. Broussard, and Commissioner Ellen L. Weintraub assert, “contributions from LLCs to committees must be attributed pursuant to Commission regulations, and those regulations apply to all committees, including [Super PACs]. The Commission will apply that understanding going forward, and may seek civil penalties in appropriate future cases.”

In MUR 7454, the Super PAC in question had not obtained the required attribution information for two contributions made by LLCs. The Super PAC attributed the contributions only to the LLCs. Regulations require committees to report certain attribution information for contributions from LLCs.

An LLC that has a single natural-person member and is not taxed as a corporation must be attributed only to the natural person member, and not the LLC. A contribution by an LLC that is disregarded for tax purposes and does not have a single natural-person member is treated as a partnership contribution; and, a partnership contribution must be attributed to both the partnership and each partner, either in proportion to his or her share of the partnership profits or by agreement among the partners.

In prior cases premised on similar facts, the FEC could not agree whether, following the Citizens United and SpeechNow.org v. FEC court decisions, LLC reporting rules and conduit contribution rules applied to contributions made to the newly formed Super PACs authorized by those judicial rulings. The commissioners determined that “with the passage of time, [Super PACs] have become a regular part of the campaign finance landscape, and…there is no longer a lack of clarity concerning the application of LLC reporting rules and conduit contribution rules in these circumstances.”

Because the FEC has not previously made this conclusion under similar cases, they did not seek a civil penalty against the Super PAC.

On March 10, the Federal Election Commission (FEC) approved revisions to Form 1, the Statement of Organization for political committees, as well as to the instructions for the form and an Explanation and Justification for the revisions.

On January 13, the FEC had decided to revise its PAC registration form to explicitly include designations for superPACs and Hybrid Committees, instructing the agency’s staff to expand Form 1 (Statement of Organization). SuperPACs, which are technically independent expenditure-only political committees, and Hybrid Committees, which in turn are committees with separate non-contribution accounts, are currently required to file separate letters along with Form 1 to receive those designations.

The revised form takes effect 10 legislative days after the Form 1 Revisions package is received by Congress, unless Congress objects to the revisions.

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 2022 from $19,300 to $20,200. 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 2022.