Federal Election Commission – Federal Register Recent Federal Regulation Documents

As mandated by provisions of the Bipartisan Campaign Reform Act of 2002 (``BCRA''), the Federal Election Commission (``FEC'' or ``the Commission'') is adjusting certain expenditure and contribution limitations set forth in the Federal Election Campaign Act of 1971, as amended (``FECA'' or ``the Act''), to account for increases in the consumer price index. This notice corrects certain information regarding the effective periods for changes to contribution limits under FECA that was published in the Commission's notice appearing in the February 10, 2005, Federal Register. Additional details appear in the supplemental information that follows.

The Federal Election Commission seeks comments on proposed changes to its rule regarding appearances by Federal officeholders and candidates at State, district, and local party fundraising events under the Federal Election Campaign Act of 1971, as amended (``FECA'' or the ``Act''). The current regulation contains an exemption permitting Federal officeholders and candidates to speak at State, district, and local party fundraising events ``without restriction or regulation.'' This regulation was challenged in Shays v. FEC. The U.S. District Court for the District of Columbia held that this regulation implementing the Bipartisan Campaign Reform Act of 2002 was based on a permissible construction of the statute. However, the district court also held that the Commission had not provided adequate explanation of its decision to permit Federal candidates and officeholders to speak ``without restriction or regulation,'' and therefore had not satisfied the reasoned analysis requirement of the Administrative Procedure Act. The district court remanded the regulation to the Commission for further action consistent with the court's opinion. Accordingly, in order to comply with the court's decision, the Commission now revisits the exemption for candidate and Federal officeholder speech at State, district, and local party fundraising events. The Commission has made no final decision on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.

The Federal Election Commission is amending its rules regarding contributions and donations by individuals aged 17 years or younger (``Minors''). These final rules conform to the decision of the United States Supreme Court in McConnell v. Federal Election Commission. In McConnell, the Supreme Court held unconstitutional section 318 of the Bipartisan Campaign Reform Act of 2002, which prohibited Minors from contributing to candidates and from contributing or donating to political party committees. Accordingly, this final rule amends the Commission's regulations to reflect the Supreme Court's decision by removing the regulatory prohibitions on contributions by Minors to candidates, and on contributions and donations by Minors to political party committees. Additional information appears in the SUPPLEMENTARY INFORMATION section.

The Federal Election Commission requests comments on proposed revisions to the Commission's regulations that establish a de minimis exemption allowing State, district, and local committees of a political party to pay for certain Federal election activity aggregating $5,000 or less in a calendar year entirely with Levin funds. In Shays v. FEC, the District Court held that the Commission's de minimis exemption was inconsistent with the statutory intent of the Bipartisan Campaign Reform Act and remanded the regulation to the Commission for further action consistent with the court's opinion. The Commission is appealing this ruling to the D.C. Circuit. In the interim, the Commission is initiating this rulemaking. No final decision has been made by the Commission on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.

The Commission is issuing a Policy Statement to clarify when, in the course of an enforcement proceeding (known as a Matter Under Review or ``MUR''), a treasurer is subject to Commission action in his or her official or personal capacity, or both. Under this policy, when the Commission investigates alleged violations of the Federal Election Campaign Act, as amended, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act (collectively ``the Act'' or ``FECA'') involving a political committee, the treasurer will typically be subject to Commission action only in his or her official capacity. However, when information indicates that a treasurer has knowingly and willfully violated a provision of the Act or regulations, or has recklessly failed to fulfill duties specifically imposed on treasurers by the Act, or has intentionally deprived himself or herself of the operative facts giving rise to the violation, the Commission will consider the treasurer to have acted in a personal capacity and make findings (and pursue conciliation) accordingly. This Policy Statement also addresses situations in which treasurers are subject to Commission action in both their official and personal capacities, and situations where successor treasurers are named. The goal in adopting this policy is to clarify when a treasurer is subject to Commission action in a personal or official capacity, while at the same time preserving the Commission's ability to obtain an appropriate remedy that will satisfactorily resolve enforcement matters, or to seek relief in court, if necessary, against a live person. Importantly, the policy is grounded in the statutory obligations specifically imposed on treasurers and well-established legal distinctions between official and personal capacity proceedings.