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.

U.S. District Judge Sharion Aycock ruled a portion of Mississippi’s campaign finance law unconstitutional as applied to a group of five Oxford, Mississippi residents backing a ballot initiative. The group desired to pool funds to purchase posters and advertising supporting a 2011 initiative, but determined doing so would trigger political committee registration under state law.

The group filed suit, alleging Mississippi’s $200 threshold unduly burdened their First Amendment rights. Judge Aycock agreed, finding the $200 threshold was “simply too low” for the “significant and onerous burdens on persons attempting to join together to raise or expend in excess” of the threshold.

Mississippi Attorney General Jim Hood indicated he may appeal the ruling, while Secretary of State Delbert Hosemann, whose office enforces the state’s campaign finance laws, did not immediately issue comment on the case.

Puerto Rico has continued its efforts to modernize and improve its campaign finance provisions by passing Project of the Senate 2674-2012. This project amends the Law for the Control of Financing of Political Campaign in Puerto Rico. This project has been referred to the Special Commission on Government Reform, and while not currently law, the Elections Commission has been working to update the campaign finance reporting requirements to reflect the project.

The project has several important elements. First, it elaborates on the definition of a coordinated expenditure by carving out a definition for specific expenditures made for the benefit of a party or candidate. Second, it modifies the campaign finance reporting dates for the 2012 general election. Lastly, the project addresses concerns with respect to state and federal PAC registration and reporting for entities wishing to participate in the electoral process without registering a PAC in Puerto Rico.

We will continue to track this project and provide updates as they become available.