FEC Record: Compliance

Commission Seeks Comment on Enforcement Process

The Commission is seeking public comment on certain aspects of its enforcement process and, more generally, whether the agency is effectively enforcing the Federal Election Campaign Act and Commission regulations. The comments received will be considered in determining whether the agency’s enforcement policies and procedures should be altered and whether rulemaking is advised. The Request for Comment was published in the Federal Register on January 18, 2013.

The Commission is particularly interested in hearing from complainants and respondents who interact directly with the agency, including committee treasurers and other persons who may become involved in the enforcement process. Specific topics include:

• The Office of General Counsel’s use of media reports and other publicly available information in forming recommendations to the Commission as to whether there is “reason to believe” a violation may have occurred;
• The formulas the agency uses to calculate civil penalties; and
• The Commission’s practice of seeking disgorgement of funds in addition to penalties for certain violations.

The notice also poses questions about the Commission’s Alternative Dispute Resolution (ADR) program and whether the agency’s policy of accepting or rejecting proposed ADR settlements is effective. The complete Request for Comment is available on the FEC’s website at: http://www.fec.gov/law/policy/enforcement/hearing/notice2013-01.pdf.

Comments must be in writing and must be received on or before Friday, April 19, 2013. Commenters are encouraged to submit comments by email to process@fec.gov to ensure timely receipt and consideration. Alternatively, comments may be submitted in paper form to:

Federal Election Commission
Attn: Commission Secretary
999 E Street, NW
Washington, DC 20463

All comments must include the full name and postal service address of the commenter, and of each commenter if filed jointly, or they will not be considered. The Commission will post comments on its Web site at the conclusion of the comment period, and will later determine whether to hold a hearing on this matter.

(Posted 1/31/13; By: Isaac Baker)

Resources:

• Guidebook for Complainants and Respondents on the FEC Enforcement Process
• The Alternative Dispute Resolution Program
• The Administrative Fine Program

RETURN TO FEC RECORD HOME

FEC Record Home Page

Latest Articles by Category:

• Advisory Opinions
• Commission
• Compliance
• Litigation
• Outreach
• Public Funding
• Regulations
• Reporting
• Statistics

Archive (1979-Present):

• 2013 Issues
• 2012 Issues
• 2011 Issues
• 2010 Issues
• 2009 Issues
• 2008 Issues
• 2007 Issues
• 2006 Issues
• 2005 Issues
• 2004 Issues
• 2003 Issues
• 2002 Issues
• 2001 Issues
• 2000 Issues
• 1999 Issues
• 1998 Issues
• 1997 Issues
• 1996 Issues
• 1995 Issues
• 1994 Issues
• 1993 Issues
• 1992 Issues
• 1991 Issues
• 1990 Issues
• 1989 Issues
• 1988 Issues
• 1987 Issues
• 1986 Issues
• 1985 Issues
• 1984 Issues
• 1983 Issues
• 1982 Issues
• 1981 Issues
• 1980 Issues
• 1979 Issues