Federal Election Commission – Federal Register Recent Federal Regulation Documents

The Federal Election Commission (``Commission'' or ``FEC'') is issuing a Policy Statement to explain generally the ways by which the Commission intends to address Matters Under Review (``Matters'' or ``MURs'') at the initial stage of enforcement proceedings. This Policy Statement supersedes the Commission's prior Statement of Policy Regarding Commission Action in Matters at the Initial Stage in the Enforcement Process, published on Mar. 16, 2007. Under this Statement of Policy, the Commission generally will either dismiss a Matter or find ``reason to believe'' concerning an alleged violation.

As mandated by provisions of the Federal Election Campaign Act (``the Act''), the Federal Election Commission (``the Commission'') is adjusting certain expenditure limitations and the lobbyist bundling disclosure threshold set forth in the Act, to index the amounts for inflation. Additional details appear in the supplemental information that follows.

Ohio has scheduled special elections on March 19, 2024, and June 11, 2024, to fill the U.S. House of Representatives seat in the 6th Congressional District being vacated by Representative Bill Johnson. Committees required to file reports in connection with the Special Primary Election on March 19, 2024, shall file a 12-day Pre- Primary Report. Committees required to file reports in connection with both the Special Primary and Special General Election on June 11, 2024, shall file a 12-day Pre-Primary, a 12-day Pre-General, and a 30-day Post-General Report.

As required by the Federal Civil Penalties Inflation Adjustment Act of 1990, the Federal Election Commission is adjusting for inflation the civil monetary penalties established under the Federal Election Campaign Act, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. The civil monetary penalties being adjusted are those negotiated by the Commission or imposed by a court for certain statutory violations, and those imposed by the Commission for late filing of or failure to file certain reports required by the Federal Election Campaign Act. The adjusted civil monetary penalties are calculated according to a statutory formula and the adjusted amounts will apply to penalties assessed after the effective date of these rules.

These final rules modernize Federal Election Commission regulations in light of technological advances in communications, recordkeeping, and financial transactions, such as the making of contributions and expenditures through internet-based payment processors or text messaging. These final rules also eliminate and update references to outdated technologies and address similar technological issues.

New York has scheduled a special election on February 13, 2024, to fill the U.S. House of Representatives seat in the 3rd Congressional District that became vacant when Representative George Santos was expelled from Congress. Committees required to file reports in connection with the Special General Election on February 13, 2024, shall file a 12-day Pre-General and a 30-Day Post-General Report.

The Commission announces its disposition of a Petition for Rulemaking filed on December 4, 2018, by Extreme Reach. The Petition asks the Commission to amend its regulation on the size of letters in disclaimers in certain television advertisements such that the required letter size for advertisements broadcast in high definition would be reduced. Because changing the Commission's regulations as requested in the Petition would create a direct conflict with regulations of the Federal Communications Commission, the Commission is not initiating a rulemaking at this time.

California has scheduled special elections on March 5, 2024, and November 5, 2024, to fill the remainder of the late Senator Dianne Feinstein's unexpired U.S. Senate term, which ends on January 3, 2025. Committees required to file reports in connection with the Special Primary Election on March 5, 2024, shall file a 12-day Pre-Primary Report. Committees required to file reports in connection with both the Special Primary and Special General Election on November 5, 2024, shall file a 12-day Pre-Primary, a 12-day Pre-General, and a 30-day Post-General Report.

The Commission seeks public comment on ways to improve its report filing processes and public-facing website.

The Commission announces its receipt of a Petition for Rulemaking filed by Public Citizen. The Petition asks the Commission to amend its regulation on fraudulent misrepresentation of campaign authority to make clear that the related statutory prohibition applies to deliberately deceptive Artificial Intelligence campaign ads.