FEC approves advisory opinion, rulemaking documents

WASHINGTON – At its open meeting today, the Federal Election Commission approved an advisory opinion, two Notices of Proposed Rulemaking, a Notice of Disposition, and a Notice of Availability. Prior to the meeting, the Commission approved certification to the Secretary of the Treasury of a payment from the Presidential Election Campaign Fund (PECF) to Mike Pence and Mike Pence for President.

Advisory Opinion 2024-08 (Bob Good and Bob Good for Congress) The Commission approved an advisory opinion, subject to edits made at the table, in response to a request from Congressman Bob Good and Good for Congress, concerning the committee’s proposal to seek permission from general election contributors to redesignate their contributions from the general election to the recount fund, and then redesignate funds from those contributors who grant such permission. The Commission concluded that the proposal is permissible, because nothing in the Federal Election Campaign Act of 1971, as amended (the Act), or Commission regulations prohibits the proposed redesignations, and the Commission has previously concluded that authorized committees could request redesignation of contributions in circumstances that are not addressed in Commission regulations, so long as the redesignations otherwise complied with the regulatory requirements for redesignations. Chairman Sean J. Cooksey issued a Dissenting Statement, and Commissioners Allen J. Dickerson and James E. “Trey” Trainor, III issued a Statement.

REG 2013-06 (Administrative Fines Program Expansion) - Draft Notice of Proposed Rulemaking The Commission approved a Notice of Proposed Rulemaking proposing to expand the Administrative Fines Program to include violations resulting from the failure of persons to file, or to timely file, three types of filings: (1) 24-hour reports of independent expenditures, (2) 48-hour reports of independent expenditures, and (3) 24-hour notices of electioneering communications. The program currently includes violations when political committees fail to file timely reports as required by 52 U.S.C. § 30104(a) (requiring political committee treasurers to report receipts and disbursements within certain time periods). The Commission seeks comment on the proposed rule and has made no final decision on the issues presented in this rulemaking. Commenters are encouraged to submit comments electronically via the Commission’s website by referencing REG 2013-06. The deadline for comments is 30 days following publication in the Federal Register.

REG 2024-04 (Form 3Z) - Draft Notice of Proposed Rulemaking The Commission approved a Notice of Proposed Rulemaking proposing to amend its regulations by removing the requirement that the principal campaign committee of a candidate with multiple authorized committees must report information on FEC Form 3-Z. The Commission seeks comment on the proposed rule and has made no final decision on the issues presented in this rulemaking. Commenters are encouraged to submit comments electronically via the Commission’s website by referencing REG 2024-04. The deadline for comments is 30 days following publication in the Federal Register.

REG 2016-03 (Political Party Rules) - Draft Notice of Disposition The Commission approved a notification of disposition of a petition for rulemaking, which was filed in June 2016 by the Minnesota Democratic-Farmer-Labor Party. The party subsequently submitted a new petition that revoked and incorporated the substance of the 2016 Petition, and as a result, the Commission is not initiating a rulemaking in response to that petition.

REG 2024-07 (Political Party Rules II) - Draft Notice of Availability The Commission approved a notice of availability of a Petition for Rulemaking from the Minnesota Democratic-Farmer-Labor Party. The party asked the Commission to amend several of its regulations applicable to state, district, or local committees of political parties. The Commission seeks comment on the notice. Commenters are encouraged to submit comments electronically via the Commission’s website by referencing REG 2024-07. The deadline for comments is 60 days after publication in the Federal Register.

Certification of Payment of Presidential Primary Matching Funds (Mike Pence/Mike Pence for President) On Wednesday, the Commission voted on tally to certify to the Secretary of the Treasury a payment of $617,373.99 from the PECF to Pence and Mike Pence for President.