FEC approves three rulemaking documents, discusses advisory opinion request

WASHINGTON – At its open meeting today, the Federal Election Commission approved two Notices of Disposition concerning Petitions for Rulemaking, and an Interim Final Rule, and it discussed an advisory opinion request.

Advisory Opinion 2024-03 (PoliticalMeetings.com LLC) The Commission discussed an advisory opinion request from PoliticalMeetings.com LLC, which asked whether it may use its website and mobile application platforms to provide information about meetings with federal, state, and local candidates and national party committees to subscribers that contribute monthly to participating candidates and national party committees. During the discussion, the Commission heard from the requestor, who agreed to grant the Commission an extension of time to consider the request.

REG 2019-01 (Valuable Information) - Draft Notice of Disposition The Commission approved a Notice of Disposition of a Petition for Rulemaking that asked the Commission to amend the existing regulation defining “contribution” by adding a new section to include within the definition of contribution certain “valuable information.” The Petition would further require the Commission to initiate investigations and report to a law enforcement agency “automatically” and without a vote whenever the Commission receives notice that any person has received certain “foreign information” or “compromising information.” The Commission voted not to initiate a rulemaking at this time for the reasons detailed in the notice, which include the Commission’s lack of the statutory authority to do so.

REG 2015-03 (Contributions from Corporations and Other Organizations) The Commission approved, subject to a single line edit made at the table, a Notice of Disposition of a Petition for Rulemaking that asked the Commission to revise existing rules concerning the reporting of contributions to political committees from corporations and other organizations. The Commission voted not to initiate a rulemaking at this time for the reasons detailed in the notice including because (1) it lacks the statutory authority to do so and (2) the vast majority of the commenters opposed the Petition.

REG 2024-02 (Implementation of FOIA Improvement Act) - Draft Interim Final Rule The Commission approved an Interim Final Rule on Implementation of the FOIA Improvement Act, by which the Commission would amend its regulations to implement a statutory mandate requiring federal agencies to change how certain records and documents are made available for public inspection. The Commission encourages comments on this revision to its regulations and any comments received may be addressed in a subsequent rulemaking document. All comments must be in writing. Commenters are encouraged to submit comments electronically, referencing REG 2024-02, to ensure timely receipt and consideration. Alternatively, comments may be submitted in paper form addressed to the Federal Election Commission, Attn.: Amy L. Rothstein, Assistant General Counsel, 1050 First Street, NE, Washington, DC 20463. The comment deadline will be 30 days after the Interim Final Rule is published in the Federal Register, and the Interim Final Rule will be effective July 1, 2024.