On April 26, among the items the Federal Election Commission (FEC) is scheduled to consider will be a directive concerning FEC rules when the commission has fewer than four members.

On April 19, Chair Caroline C. Hunter submitted a memo to the FEC stating her intent to ask the Office of the General Counsel to prepare a pubic memorandum analyzing the current laws and rules applicable when the commission has fewer than four members, the number needed for a quorum. Hunter also wants the commission to seek public comment on this issue after the Office of General Counsel’s memorandum is submitted to the FEC.

Additionally, the commission is scheduled to consider examples of internet communication disclaimers, which will be circulated at the meeting.

On March 20, a federal court found the Federal Election Commission (FEC) failed to interpret campaign finance laws correctly as applied to an outside group’s political activity during the 2010 federal elections.

In 2012, Citizens for Responsibility and Ethics in Washington (CREW) had brought a complaint to the FEC alleging American Action Network (AAN), an outside nonprofit entity that ran nearly $18 million in television advertisements just before the 2010 federal midterm elections, was a “political committee” and subject to federal disclosure requirements.

A majority of the commissioners did not find “reason to believe” that AAN violated any law and the complaint was dismissed. Crew appealed the FEC decision to the United States District Court for The District of Columbia.

Yesterday, U.S. District Judge Christopher R. Cooper found the FEC’s analysis used to determine whether AAN was a political committee “was inconsistent with the governing statutes,” granted summary judgment in favor of CREW, and remanded the matter back to FEC to address CREW’s initial complaint again.

Effective today, the office headquarters of the Federal Election Commission (FEC) are located at 1050 First Street, NE, Washington, D.C.

The FEC also begins receiving all mail at this new address today.

The offices of the FEC had been located at 999 E Street since 1985.

On March 14, the Federal Election Commission (FEC) approved a draft notice for rules concerning internet communication disclaimers. Because the rules were last revised in 2006, the FEC is interested in public input about the application of those rules “in light of technological advances” since then.

The FEC document, Reg 2011-02: Draft Notice of Proposed Rulemaking on Internet Disclaimers and Definition of “Public Communication,” states the FEC is requesting comments about two alternative proposals to amend its regulations concerning disclaimers on public communications on the internet. The proposals in the FEC notice deal with internet communications containing express advocacy, soliciting contributions, or internet communications made by political committees.

The FEC says its goal “is to promulgate a rule that in its text and interpretation recognizes the paramount importance of providing the public with the clearest disclosure of the payor or sponsor of these public communications on the internet.” The FEC notice also requests comments concerning a proposed change to the definition of “public communication.”

Comments must be received on or before 60 days after date of publication in the notice in the Federal Register, with a public hearing to follow on June 27, 2018.

A bill introduced this month in the U.S. House of Representatives would require presidential inaugural committees to file disbursement reports with the Federal Election Commission. The initial report would be due 90 days after the date of the presidential inaugural ceremony, with subsequent reports due not later than 60 days after each date by which the committee makes disbursements in an aggregate amount of $100,000 or more.

House Resolution 5008 also prohibits committees from disbursing funds for purposes unrelated to the inauguration of the president. If any leftover funds of the committee remain available at the time of the termination of the committee, the committee must donate those funds to a 501(c)(3) of its choice.

Rep. Kurt Schrader, who introduced the legislation, said in a press release, “We have laws that regulate campaign finance and political action committees. But there is nothing on the books to dictate how money for the presidential inaugural committee, which is raised under the name of the president of the United States, can or cannot be spent. That’s wildly unacceptable.”

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 2018 from $17,900 to $18,200. 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 2018.

On March 30, the public comment period will end for proposed Federal Election Commission (FEC) rulemaking concerning independent expenditures by candidates and reporting of independent expenditures and electioneering communications relating to presidential primary elections.

The covered independent expenditures and electioneering communications are specific to those publicly distributed in multiple states and not referring to any particular state’s primary election.

On January 29, the announcement of these proposed rulemakings was published in the Federal Register. Comments may be submitted directly to the FEC’s website.

On December 27, the Federal Election Commission 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 $5,817 to $68,027.

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 each December, to the current amounts.

The amended civil monetary penalties took effect as of December 27, the publication date.

Contributions by federal contractors to federal independent expenditure-only political action committees, also known as super PACs, may violate the federal pay-to-play prohibition.

On September 25, 2017, the Federal Election Commission (FEC) entered into a Conciliation Agreement with a federal contractor after finding the contractor had violated pay-to-play prohibitions by making contributions to a federal independent expenditure-only political action committee.

The FEC fined the contractor, Suffolk Construction Company, $34,000 for making two $100,000 contributions in 2015 to Priorities USA Action, a super PAC supporting then presidential candidate Hillary Clinton. Because the matter was resolved by agreement between the FEC and the contractor, there was no challenge made to the FEC’s fine.

On October 19, two bipartisan bills allowing increased monitoring of online political advertising were introduced in the U.S. Congress. Companion bills House Resolution 4077, The Honest Ads Act, and Senate Bill 1989 direct the Federal Election Commission to enact rules for online advertisements similar to currents rules for television and radio. Larger digital platforms would be required to make available to the public requests to run political advertisements costing more than $500.

The bills were introduced by U.S. Representatives Derek Kilmer and Mike Coffman and Senators Amy Klobuchar, Mark Warner, and John McCain in response to “revelations that a Russian company purchased upwards of 3,000 political advertisements on Facebook in an effort to influence the 2016 Presidential election,” according to a press release by Kilmer.

“Our bipartisan bill makes sure our laws are as up to date as the latest technology, and makes it harder for foreign actors to use the internet to attack our democracy,” Kilmer said in his press release.

On October 10, the Federal Election Commission (FEC) extended the comment period concerning internet communications disclaimers regulations to November 9. The FEC is specifically requesting comments addressing advertisements on internet-enabled applications and devices.

Originally the FEC had published an Advance Notice of Proposed Rulemaking seeking comment on October 13, 2011, and then again on October 18, 2016, “in light of legal and technological developments since [the 2011 notice] was published,” according to the FEC. This week, the Commission has decided to again reopen the comment period to receive additional comments once more because of technological changes since the last comment period ended.

The FEC is also seeking comments addressing “possible regulatory approaches that could minimize the need for serial revisions of regulations in order to adapt to new or emerging technologies,” according to the FEC notice of October 10.

Federal regulations require disclaimers identifying who paid for a political campaign communication and whether the communication was authorized by a candidate. The FEC is not proposing changes to any other rules adopted in the Internet Communications rulemaking of 2006.

On September 12, President Donald J. Trump nominated Trey Trainor to serve 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.

Last week it was announced Commissioner Matthew Spencer Petersen would be stepping down after being nominated by the president to serve as a District Judge on the U.S. District Court for the District of Columbia.

With the appointment of Trainor, and with Petersen’s absence, there will be three registered members of the Republican Party, one registered member of the Democratic Party, and one Independent, Chairman Steven T. Walther. One seat still remains vacant. The FEC requires at least four commissioners to agree for any official action.

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

On September 7, President Donald J. Trump nominated Matthew Spencer Petersen, a commissioner with the Federal Election Commission (FEC), to serve as a District Judge on the U.S. District Court for the District of Columbia. Petersen, a Republican, is one of the five remaining FEC commissioners.

Without Peterson, the FEC will have only four of the six required commissioners serving, all with expired terms. With Petersen’s absence from the FEC there will remain two registered members of the Republican Party, one registered member of the Democratic Party, and one Independent, Chairman Steven T. Walther.

The FEC requires at least four commissioners to agree for any official action. A replacement for Petersen will 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.

On September 5, the Libertarian National Committee (LNC) filed a lawsuit arguing federal contribution limits of bequests are unconstitutional.

In Libertarian National Committee v. Federal Election Commission, filed in the U.S. District Court for the District of Columbia, the LNC argues federal political contribution limits applied to bequests, in the absence of any evidence of corruption, violate the First Amendment of the U.S. Constitution. The LNC also claims Congress cannot regulate “the content of a political party’s expression under the guise of combating corruption.”

In 2014, the LNC was bequeathed $235,575 by a party contributor when he died. The Federal Election Commission’s position is the money must be dispersed in the amount of $33,900 a year. The LNC is asking its proposed facts and questions be certified to the en banc D.C. Circuit.