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: https://transition.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 firstname.lastname@example.org 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.