Last Week At The FEC: Varying Interpretations On How To Report Nationwide Independent Expenditures

Andrew H. "Andy" Emerson is an Associate in our Washington D.C. office

Last week the Federal Election Commission met to discuss AO 2013-18, Revolution Messaging, Audit Division recommendations related to a number of state and county party committees, and a Draft Interpretive Rule on Reporting Nationwide Independent Expenditures in Presidential Primary Elections. It also made public the results of MUR 6586, finding no reason to believe that World Wrestling Entertainment, Inc. ("WWE") made a prohibited corporate contribution to former Senate candidate Linda McMahon when it sent a cease and desist letter to a local newspaper.

The Commission held over a vote on Revolution Messaging after receiving late comments from Revolution Messaging and from the Center for Competitive Politics just a day prior to its meeting. This blog previously discussed the draft advisory opinions under consideration on December 2 and 9, 2013.

Audit Division Recommendations

The Commission approved Audit Division recommendations to find that both the Vermont Democratic Party and the Democratic Party of South Carolina had failed to properly keep monthly timelogs to document the time that employees spent on federal election activity. This requirement is intended to ensure that such party committees are not using funds raised to support state candidates to pay for staff work related to federal elections.

The Commission also discussed, but did not vote, on similar Audit Division recommendations related to the Dallas County Republican Party and the Republican Party of Iowa. These latter recommendations, which the Commission did not adopt, were more complex because the Audit Division also recommended that the Commission find that both of those committees had filed improper reports regarding their spending, debts, and obligations.

Draft Rule on Reporting Nationwide Independent Expenditures

The Commission released three alternative draft guidance documents related to how political committees should report nationwide independent expenditures that political committees make in support of presidential primary candidates.

Under the Federal Election Campaign Act, as amended ("FECA"), political committees must file reports disclosing expenditures that "expressly advocate the election or defeat of a federal candidate." These reports must be filed within 48-hours if a committee's expenditures exceed $10,000 in the aggregate and must be filed with 24-hours if they exceed $1,000 within 20...