FEC Approves Advisory Opinion and Legislative Recommendations, Declines to Initiate Rulemaking on Revising Definition of Federal Office, Discusses Revised Draft Enforcement Manual

WASHINGTON – The Federal Election Commission today approved an advisory opinion and legislative recommendations for 2014. The Commission decided not to initiate a rulemaking to revise the definition of “federal office.” The Commission considered a revised draft Enforcement Manual.

Advisory Opinion 2014-18 (Rayonier Advanced Materials et al.). The Commission concluded that the separate segregated fund of Rayonier Advanced Materials Inc. is not affiliated with the separate segregated fund of Rayonier Inc. During the discussion, the Commission heard from counsel on behalf of the requestors.

Petition to Amend 11 C.F.R. 100.4 – Draft Notice of Disposition. The Commission approved a Notice of Disposition of Petition for Rulemaking, declining to initiate a rulemaking at this time. The petition asked the Commission to amend 11 C.F.R. 100.4 to revise the definition of “federal office” to include delegates to a constitutional convention.

2014 Legislative Recommendations. The Commission unanimously approved seven legislative recommendations for 2014 to be submitted for consideration to Congress: (1) requiring electronic filing for all Senate candidates and their authorized committees; (2) requiring electronic filing of reports of electioneering communications; (3) deleting the exclusion of the Commission from eligibility for the Senior Executive Service; (4) expanding the prohibitions on fraudulent misrepresentation of campaign authority; (5) making permanent the Administrative Fine program for reporting violations; (6) increasing and indexing for inflation certain registration and reporting thresholds in the Federal Election Campaign Act and (7) authorizing the Commission to accept gifts that will assist the Commission in carrying out its functions.

Revised Enforcement Manual. The Commission discussed and voted on a revised draft Enforcement Manual, but was unable to reach agreement by the required four affirmative votes.

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.