FEC approves advisory opinion, Notice of Proposed Rulemaking, legislative recommendations, and policy statement; elects officers for 2025

WASHINGTON - At its open meeting today, the Federal Election Commission approved an advisory opinion, a Notice of Proposed Rulemaking regarding requests to modify or redact certain contributor information, a package of legislative recommendations, and a Statement of Policy regarding the notification of respondents in enforcement matters that are remanded to the Commission. The Commission discussed, but did not approve, a recommendation for staff to conduct a review of the agency's regulations. The Commission also elected officers to serve as Chair and Vice Chairman for 2025.

Advisory Opinion 2024-15 (Unified Libertarians of Massachusetts) The Commission approved Advisory Opinion 2024-15 in response to a request from Unified Libertarians of Massachusetts, concluding that the requestor qualifies as a state committee of a political party.

MUR 1604 (Brady Campaign to Prevent Gun Violence, et al.): Recommendation to Relieve the Brady Campaign from a Remedial Measure in a Conciliation Agreement Prior to the meeting, in response to a request submitted by counsel to the requestor, the Commission voted to approve a recommendation from the Office of General Counsel to relieve the Brady Campaign of a remedial measure that was required by a 1984 conciliation agreement with the Commission in MUR 1604 regarding solicitation of the corporation's members for contributions to the organization's political action committee. That agreement provided that a requirement for membership in the Brady Campaign (which was then known as Handgun Control, Inc.) must include the right to elect a director to the organization's governing board. Due to intervening changes regarding the definition of "membership organization," and in light of the fact that the Brady Campaign no longer has a connected PAC, the Commission found that the Brady Campaign is relieved from satisfying the remedial measures contained in Paragraph VII in the conciliation agreement.

REG 2024-06 (Requests to Modify or Redact Contributor Information): Draft Notice of Proposed Rulemaking The Commission approved a draft Notice of Proposed Rulemaking seeking public comment on proposed procedures for contributors or their agents to request the Commission - in certain limited circumstances when there is a reasonable probability the contributor may face threat, harassment or reprisal - to modify or redact, in whole or in part, certain contributor information from a disclosure report or statement that has been filed with the Commission. The Commission seeks comments on the Notice, which will be published in the Federal Register at a future date and will include a deadline for submitting comments.

Draft Legislative Recommendations 2024 The Commission voted to approve a package of 17 legislative recommendations that it will send to the President and Congress for consideration, including four that the Commission identifies as those of highest priority:

• Establish an Itemization Threshold for Conduit Contributions
• Increase the Rate of Pay for FEC Commissioners, Staff Director and General Counsel
• Amend the Foreign National Prohibition to Include Substantial Assistance
• Amend the Foreign National Prohibition to Include State and Local Ballot Initiatives, Referenda and Recall Elections

The other 13 recommendations are:

• Protect Contributor Street Names and Street Numbers from Public Disclosure by the FEC
• Expand Electronic Filing Requirements
• Prohibit Fraudulent PAC Practices
• Expand the Fraudulent Misrepresentation of Campaign Authority Prohibition
• Expand the Personal Use Prohibition
• Prohibit Aiding or Abetting the Making of Contributions in the Name of Another
• Require Disclosures to Contributors Regarding Recurring Contributions
• Extend the Time Period for a Complainant to File a Suit for Delay
• Increase and Index for Inflation Limitations, Thresholds and Exemptions
• Permit Political Committees to Make Disbursements by Methods Other than Check
• Extend the Respondent Notification Period from Five to Ten Days
• Extend the Time to Establish Reporting Dates for Special Elections
• Update the Federal Campaign Finance Statutes

Commissioner Allen J. Dickerson issued a Statement Regarding the Commission's 2024 Legislative Recommendations.

Sample LLC Donor Form The Commission held over discussion of this agenda item.

Recommendation that the Office of General Counsel Conduct a Review of the Agency's Regulations The Commission considered a recommendation that the Office of General Counsel conduct a review of the agency's regulations and determine their vulnerability to legal challenge under the Administrative Procedure Act, but did not approve the recommendation by the required four affirmative votes.

Proposed Revisions to Directives 10 (Rules of Procedure of the Federal Election Commission Pursuant to 2 U.S.C. § 437(c)(e)) and 17 (Circulation Authority; Agenda Deadline Procedures) The Commission held over discussion of this agenda item.

Statement of Policy Regarding the Notification of Respondents in Matters Under Review Remanded From a Challenge Pursuant to 52 U.S.C. § 30109(a)(8) The Commission approved a Policy Statement to explain that, if the Commission receives a remand in litigation instituted pursuant to 52 U.S.C. § 30109(a)(8), it will notify the respondents in the Matter Under Review ("MUR") of the relevant court decision(s) and provide an opportunity to file supplemental responses.

Election of Officers for 2025 The Commission elected Vice Chair Ellen L. Weintraub as Chair and Commissioner James E. "Trey" Trainor, III as Vice Chairman for 2025.

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