April 20, 2022 •
Super PACs Must Report LLC Attributions
“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 […]
“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.
March 10, 2022 •
FEC Approves Revisions To PAC Organizational Form
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, […]
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.
February 2, 2022 •
FEC Updates Lobbyist Bundling Disclosure Threshold
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. […]
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.
January 25, 2022 •
Biden Nominates Dara Lindenbaum to the FEC
On January 21, President Joe Biden nominated Dara Lindenbaum to serve as a commissioner on the Federal Election Commission (FEC). FEC Vice Chair Steven T. Walther announced last week he would be stepping down as commissioner upon the nomination and […]
On January 21, President Joe Biden nominated Dara Lindenbaum to serve as a commissioner on the Federal Election Commission (FEC). FEC Vice Chair Steven T. Walther announced last week he would be stepping down as commissioner upon the nomination and confirmation of his replacement.
Lindenbaum, 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.
January 21, 2022 •
FEC Commissioner Announces Intent to Step Down
On January 21, Federal Election Commission (FEC) Vice Chair Steven T. Walther announced he would be stepping down as commissioner. In his press release, Walther stated he will step down upon the nomination and confirmation of his replacement. Serving on […]
On January 21, Federal Election Commission (FEC) Vice Chair Steven T. Walther announced he would be stepping down as commissioner. In his press release, Walther stated he will step down upon the nomination and confirmation of his replacement.
Serving on the FEC since 2006, Commissioner Walther is a politically independent appointee. No more than three members of the FEC may be registered with the same political party.
The remaining FEC commissioners are Republicans Allen Dickerson, current chair, James E. “Trey” Trainor III, and Sean J. Cooksey; and Democrats Ellen L. Weintraub and Shana M. Broussard.
January 14, 2022 •
FEC to Revise PAC Registration Form 1 (Statement of Organization)
On January 13, the Federal Election Commission (FEC) decided to revise its PAC registration form to explicitly include designations for superPACs and Hybrid Committees. At its open meeting, the FEC approved a motion instructing the agency’s staff to expand Form […]
On January 13, the Federal Election Commission (FEC) decided to revise its PAC registration form to explicitly include designations for superPACs and Hybrid Committees.
At its open meeting, the FEC approved a motion 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 Commission hopes to have the amended form for their review by February 14.
January 11, 2022 •
FEC Adjusts Penalty Amounts for Inflation
On January 11, the Federal Election Commission announced its civil monetary penalty amounts adjusted for inflation. The potential fines for civil violations of federal campaign finance laws have increased to range from $6,523 to $76,280, from the previous range of […]
On January 11, the Federal Election Commission announced its civil monetary penalty amounts adjusted for inflation. The potential fines for civil violations of federal campaign finance laws have increased to range from $6,523 to $76,280, from the previous range of $6,141 to $71,812.
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 28, 2021, the publication date in the Federal Register.
December 17, 2021 •
FEC Chooses Allen Dickerson as Chair for 2022
On December 16, the Federal Election Commission elected Commissioner Allen Dickerson as its chairman for 2022. Dickerson will replace current Chairwoman Shana M. Broussard. The chairmanship is a rotating, one-year position.No commissioner may serve as chair more than once during […]
On December 16, the Federal Election Commission elected Commissioner Allen Dickerson as its chairman for 2022.
Dickerson will replace current Chairwoman Shana M. Broussard.
The chairmanship is a rotating, one-year position.No commissioner may serve as chair more than once during his or her term.
Additionally, Commissioner Steven T. Walther was elected to the position of vice chair.
May 6, 2021 •
FEC Recommendations to Congress Include a Request to Prohibit Unintentional Recurring Contributions
On May 6, a unanimous Federal Election Commission (FEC) sent a message to the U.S. Congress: prohibit political campaigns from using tactics that unwittingly enter donors into recurring contributions. As part of a package of legislative recommendations approved at its […]
On May 6, a unanimous Federal Election Commission (FEC) sent a message to the U.S. Congress: prohibit political campaigns from using tactics that unwittingly enter donors into recurring contributions.
As part of a package of legislative recommendations approved at its open meeting, the bipartisan commission asked Congress to amend current federal campaign finance law to require “affirmative consent” by donors if a political entity wants the donors enrolled in a program of recurring contributions.
As reported by the New York Times last month, campaigns involved with former President Donald J. Trump steered large numbers of their political contributors, without the contributors’ realization, into repeated periodic donations though prechecked boxes (for authorization) included on what many donors thought was a one-time payment form. The tactic has also been used by groups supporting Democratic candidates, including Actblue and the Democratic Congressional Campaign Committee.
In its legislative recommendation, the FEC stated “that many contributors are unaware of the ‘pre- checked’ boxes and are surprised by the already completed transactions appearing on account statements.”
March 9, 2021 •
U.S. Senate to Receive “For the People Act 2021” After Passes U.S. House
Legislation aimed at reforming U.S. campaign finance, lobbying, and ethic laws has passed in the U.S. House of Representatives. H.R. 1, For the People Act 2021, is a sweeping 791-page bill. The proposed new law, which passed the House on […]
Legislation aimed at reforming U.S. campaign finance, lobbying, and ethic laws has passed in the U.S. House of Representatives. H.R. 1, For the People Act 2021, is a sweeping 791-page bill. The proposed new law, which passed the House on March 3, now heads to the U.S. Senate.
Among the changes in the bill, H.R. 1 restructures the Federal Election Commission and amends federal conflict of interest and lobbying laws. Introduced by Rep. John Sarbanes, the bill requires enhanced disclosure of donors making political contributions, creates a multiple matching system for small donations for political campaigns, and amends rules governing super PACs.
If passed, the bill also requires presidential candidates to disclose their tax returns, prohibits partisan gerrymandering, increases oversight over election vendors, creates an automatic voter registration across the country, and changes registration requirements for lobbyists and foreign agents.
February 25, 2021 •
Federal Election Commission Approves AO for PAC Data Use
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 […]
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.
February 2, 2021 •
FEC Updates Lobbyist Bundling Disclosure Threshold
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 2021 from $19,000 to $19,300. This threshold amount is adjusted annually. […]
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 2021 from $19,000 to $19,300. 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 2021.
February 2, 2021 •
Federal Political Contribution Limits for 2021-2022 Announced
Today, the Federal Election Commission (FEC) published the 2021-2021 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 […]
Today, the Federal Election Commission (FEC) published the 2021-2021 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 $2,800 to $2,900. This is applied to both primary and general elections, allowing for a total of $5,800 for a federal candidate.
The limits on contributions by individuals to national party committees has increased from $35,500 to $36,500 per calendar year. Therefore, individuals may now contribute $109,500 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.
January 19, 2021 •
FEC Advisory Opinion: U.S. Citizens Living Abroad May Purchase Political Advertising
In one of its first decisions of 2021, the Federal Election Commission (FEC) released an Advisory Opinion agreed upon unanimously. Advisory Opinion 2020-02 does not break new ground, but affirms that citizens of the United States living abroad may purchase […]
In one of its first decisions of 2021, the Federal Election Commission (FEC) released an Advisory Opinion agreed upon unanimously. Advisory Opinion 2020-02 does not break new ground, but affirms that citizens of the United States living abroad may purchase online political advertisements in the U.S.
The FEC stated campaign finance regulations do not distinguish between citizens living in the U.S. and those residing abroad. They affirmed U.S. citizens living abroad may make expenditures, independent expenditures, and disbursements in connection with elections in the United States.
The opinion arises from a query of a U.S. citizen living in Canada wanting to purchase a political advertisement on Facebook. According to the Advisory Opinion, Facebook requires those purchasing political advertisements provide a U.S. address and to make payments from a U.S. bank account in U.S. dollars, which would preclude the requestor from purchasing the advertising.
While not ruling on Facebook’s preconditions for the purchase of an advertisement, the FEC stated the federal campaign finance law does not require a purchaser to provide Facebook or any other media platform proof of a U.S. bank account or a U.S. residential address. The federal regulations also do not require payment be made from financial instruments drawn on a U.S. bank.
The full six seats of the FEC have only been occupied since December 9, when the U.S. Senate confirmed three new commissioners. This allowed the FEC, where only three of the agency’s six seats were filled since July 4, to be able to conduct official business. The FEC requires at least four commissioners to agree on any official action.
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