Federal Election Commission – Federal Register Recent Federal Regulation Documents

New York has scheduled a Special General Election on March 31, 2009 to fill the U.S. House of Representatives seat in the Twentieth Congressional District vacated by Senator Kirsten Gillibrand. Political committees participating in the New York Special General Election on March 31, 2009 shall file a 12-day Pre-General Report, and a 30-day Post-General Report.

Illinois has scheduled elections on March 3, 2009, and April 7, 2009, to fill the U.S. House of Representatives seat in the Fifth Congressional District vacated by Representative Rahm Emanuel. Political committees required to file reports in connection with the Special Primary Election on March 3, 2009, shall file a 12-day Pre- Primary Report. Political committees required to file reports in connection with both the Special Primary and Special General Election on April 7, 2009, shall file a 12-day Pre-Primary Report, a 12-day Pre-General Report, and a 30-day Post-General Report. This notice provides additional information regarding the filing requirements for the Illinois 5th District Special Elections that was inadvertently omitted from the notice published in the January 21, 2009, Federal Register.

As mandated by provisions of the Federal Election Campaign Act of 1971, as amended (``FECA'' or ``the Act''), the Federal Election Commission (``FEC'' or ``the Commission'') is adjusting certain contribution and 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.

This notice reopens the comment period for a Notice of public hearing on the policies and procedures of the Federal Election Commission. The comment period will be open until February 18, 2009. The Notice of public hearing addresses Federal Election Commission policies and procedures including, but not limited to, policy statements, advisory opinions, and public information, as well as various elements of the compliance and enforcement processes such as audits, matters under review, report analysis, administrative fines, and alternative dispute resolution. The Commission also seeks comment from the public on the procedures contained in the Federal Election Campaign Act of 1971 (``FECA''), as well as the Commission's implementing regulations.

The Federal Election Commission is announcing a public hearing on the policies and procedures of the Federal Election Commission including but not limited to, policy statements, advisory opinions, and public information, as well as various elements of the compliance and enforcement processes such as audits, matters under review, report analysis, administrative fines, and alternative dispute resolution. The Commission also seeks comment from the public on the procedures contained in the Federal Election Campaign Act of 1971, as amended, 2 U.S.C. 431 et. seq. (``FECA'' or ``the Act''), as well as the Commission's implementing regulations.

Congress amended the Federal Election Campaign Act of 1971, as amended (``FECA''), to extend the expiration date for the Administrative Fines Program (``AFP'') from December 31, 2008 to December 31, 2013. Under the AFP, the Commission may assess civil monetary penalties for violations of the reporting requirements of section 434(a) of the FECA. Accordingly, the Commission is extending the applicability of the AFP rules and the AFP penalty schedules. Further information is provided in the Supplementary Information that follows.

The Federal Election Commission (``Commission'') requests comments on the proposed deletion of its rules regarding increased contribution limits and coordinated party expenditure limits for Senate and House of Representatives candidates facing self-financed opponents. These rules were promulgated to implement sections 304 and 319 of the Bipartisan Campaign Reform Act of 2002, known as the ``Millionaires' Amendment.'' In Davis v. Federal Election Commission, the Supreme Court held that sections 319(a) and (b), regarding House of Representatives elections, were unconstitutional. The Court's holding also applies to the contribution and spending limits in section 304 regarding Senate elections. The Commission, therefore, proposes to remove its current rules that implement the Millionaires' Amendment. In addition, the Commission proposes to retain certain other rules that generally are applicable throughout the Federal Election Campaign Act of 1971, as amended (the ``Act'' or ``FECA''). The Commission has made no final decision on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.

Ohio has scheduled elections on October 14, 2008, and November 18, 2008, to fill the U.S. House of Representatives seat in the Eleventh Congressional District held by the late Representative Stephanie Tubbs Jones. Committees required to file reports in connection with the Special Primary Election on October 14, 2008, 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 18, 2008, shall file a 12-day Pre-Primary Report, a 12-day Pre-General Report, and a 30-day Post-General Report.