Comments sought on expansion of the Administrative Fines Program
On August 1, 2024, the Commission published a Notice of Proposed Rulemaking in the Federal Register seeking public comment on a proposal to expand the Administrative Fines Program (AFP) to include the failure to file, or to timely file, violations for 24-Hour Reports of Independent Expenditures, 48-Hour Reports of Independent Expenditures and 24-Hour Notices of Electioneering Communications.
Background
Under the AFP, the Commission may assess civil monetary penalties for certain violations of the reporting requirements. Currently, the Commission assesses civil penalties through the AFP when a political committee fails to file timely reports of receipts and disbursements within certain time periods.
In 2013, Congress authorized the Commission to expand the scope of the AFP to encompass violations for reports of certain independent expenditures (including 24- and 48-hour reports), certain federal election activity, notices of electioneering communications, bundled contributions and certain convention reports.
Proposed rule
The Commission intends to expand the AFP to include violations resulting from the failure 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 proposed rules would shift the Commission’s adjudication of these violations from its traditional enforcement process to the AFP, providing filers with a more efficient and predictable resolution while allowing the Commission to ensure consistent enforcement of similar violations.
Comments sought
The Commission invites public comment on the proposed regulatory amendments. Public comments must be submitted in writing by September 3, 2024. Commenters are encouraged to submit comments electronically (reference REG 2013-06) via the Commission’s website.