Federal Election Commission – Federal Register Recent Federal Regulation Documents
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Technological Modernization
The Federal Election Commission is seeking additional public comment on previously proposed rules that would modernize the agency's regulations in light of technological advances in communications, recordkeeping, and financial transactions, and that would eliminate and update references to outdated technologies and address similar technological issues. In particular, the Commission presently seeks comments on whether its definition of ``public communication'' should also include Internet communications that are ``promoted for a fee'' on another person's website, digital device, application, or advertising platform. The Commission also seeks to elicit comments concerning whether ``Internet public communications,'' a new defined term, should include public communications ``promoted for a fee'' on another person's website, digital device, application, or advertising platform. No final decision has been made by the Commission on the issues presented in this rulemaking.
Rulemaking Petition: Conduit Reporting Threshold
On August 22, 2022, the Federal Election Commission received a Petition for Rulemaking asking the Commission to amend its existing regulations regarding the threshold amount at which conduits forwarding contributions to political committees must identify the contributors to the recipient political committees and the Commission. The petitioner requests that the Commission establish an itemization threshold equal to the contribution amount at which political committees must report the identification of contributors.
Technological Modernization
The Federal Election Commission is seeking additional public comment on previously proposed rules that would modernize the agency's regulations in light of technological advances in communications, recordkeeping, and financial transactions, and that would eliminate and update references to outdated technologies and address similar technological issues.
Repayment of Candidate Loans
The Federal Election Commission (``Commission'') is removing regulatory restrictions on authorized committees' repayment of candidate personal loans. The Commission is taking this action in light of the Supreme Court's recent decision in Federal Election Commission v. Ted Cruz for Senate, which held that the statutory provision implemented by those regulations is unconstitutional. The Commission is accepting comments on these revisions to its regulations.
Filing Dates for the Indiana Special Election in the 2nd Congressional District
Indiana has scheduled a special election on November 8, 2022, to fill the U.S. House of Representatives seat in the 2nd Congressional District held by the late Representative Jackie Walorski. Committees required to file reports in connection with the Special General Election on November 8, 2022, shall file a 12-day Pre-General and a 30- day Post-General Report.
Electioneering Communications Reporting
The Commission announces its disposition of a petition for rulemaking filed on October 5, 2012, by the Center for Individual Freedom. The petition asks that the Commission revise two regulations on the reporting of electioneering communications. The Commission has decided not to initiate a rulemaking in response to the petition because the regulatory changes it sought have already been implemented in a separate rulemaking. The petition and other documents relating to this matter are available on the Commission's website, https:// www.fec.gov/fosers/ (REG 2012-01 Electioneering Communications Reporting).
Filing Dates for the Oklahoma Senate Special Election
Oklahoma has scheduled special elections to fill the U.S. Senate seat being vacated by Senator James M. Inhofe. There are three possible special elections, but only two may be necessary. Primary Election: June 28, 2022. Possible Runoff Election: August 23, 2022. In the event that one candidate does not achieve a majority vote in his/her party's Special Primary Election, the top two vote-getters will participate in a Special Runoff Election. General Election: November 8, 2022.
Filing Dates for the Minnesota Special Elections in the 1st Congressional District
Minnesota has scheduled special elections on May 24, 2022, and August 9, 2022, to fill the U.S. House of Representatives seat in the 1st Congressional District held by the late Representative Jim Hagedorn. Committees required to file reports in connection with the Special Primary Election on May 24, 2022, 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 August 9, 2022, shall file a 12-day Pre-Primary, a 12-day Pre-General, and a 30- day Post-General Report.
Agency Procedure Concerning the Treatment of Foreign State Respondents at the Initiation of the Enforcement Process
The Federal Election Commission is adopting a procedure concerning the enforcement process in situations where the respondent to a complaint is a foreign state, a political subdivision of a foreign state, a head of state or other foreign official acting in his or her official capacity, or an agency or instrumentality of a foreign state.
Price Index Adjustments for Expenditure Limitations and Lobbyist Bundling Disclosure Threshold
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.
Filing Dates for the California Senate Special Election
California has scheduled special elections on June 7, 2022, and November 8, 2022, to fill the remainder of Vice President Kamala Harris' unexpired U.S. Senate term, which ends on January 3, 2023. Committees required to file reports in connection with the Special Primary Election on June 7, 2022, shall file a 12-day Pre-Primary Report. Committees required to file reports in connection with both the Special Primary and the Special General Election on November 8, 2022, shall file a 12-day Pre-Primary, a 12-day Pre-General, and a 30-day Post-General Report.
Filing Dates for the California Special Elections in the 22nd Congressional District
California has scheduled a Special General Election on April 5, 2022, to fill the U.S. House of Representatives seat in the 22nd Congressional District vacated by Representative Devin Nunes. Under California law, a majority winner in a special election is declared elected. Should no candidate achieve a majority vote, a Special Runoff Election will be held on June 7, 2022, between the top two vote- getters. Political committees participating in the California special elections are required to file pre- and post-election reports. Filing deadlines for these reports are affected by whether one or two elections are held.
Privacy Act of 1974; New System of Records
In accordance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Federal Election Commission (``the FEC'' or ``the Commission'' or ''the agency'') is publishing for comment a new system of records that is maintained by the Commission. This new system has been entitled FEC 17, Reasonable Accommodation. This system has been proposed as a result of a reevaluation of the manner in which the Commission maintains records.
Civil Monetary Penalties Annual Inflation Adjustments
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.
Technical Corrections
The Commission is making technical corrections to various sections of its regulations.
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