FEC elects officers for 2024, discusses advisory opinion, approves final rules on candidate salaries and technological modernization and votes to send legislative recommendations to Congress

WASHINGTON – At its open meeting today, the Federal Election Commission discussed an advisory opinion, and approved final rules on candidate salaries and technological modernization, and a package of 16 legislative recommendations. The Commission elected Sean J. Cooksey to serve as Chairman and Ellen L. Weintraub to serve as Vice Chair for 2024.

Election of Officers. The Commission elected Sean J. Cooksey to serve as Chairman for 2024 and Ellen L. Weintraub to serve as Vice Chair.

Advisory Opinion Request 2023-08 (Cowboy Analytics) The Commission voted on two drafts of an advisory opinion in response to a request from Cowboy Analytics but neither draft garnered the four votes necessary for approval. The Commission instructed the Office of General Counsel to prepare for tally vote a third draft advisory opinion to include the elements of both Drafts A and B on which the Commission found consensus. During the discussion, the Commission heard from counsel for the requestor. Vice Chairman Cooksey and Commissioners Allen J. Dickerson and James E. “Trey” Trainor, III issued a Statement.

REG 2021-01 (Candidate Salaries) The Commission approved Final Rules and an Explanation and Justification revising its regulations concerning the use of campaign funds by a candidate’s principal campaign committee to pay compensation to the candidate. The new rules make amendments to the criteria for determining whether a candidate is eligible to receive compensation from campaign funds, the maximum amount of compensation that a candidate may receive from campaign funds, and the period during which a candidate may receive compensation from campaign funds. The Final Rules will be published in the Federal Register at a future date. Commissioners Shana M. Broussard and Ellen L. Weintraub and Chair Dara Lindenbaum and Commissioner Dickerson issued Statements.

REG 2013-01 (Technological Modernization) The Commission approved Final Rules and an Explanation and Justification that modernize the Commission’s regulations in light of technological advances in communications, recordkeeping, and financial transactions. The rules eliminate and update references to outdated technologies and address similar technological issues. The Final Rules will be published in the Federal Register at a future date. Commissioners Weintraub and Broussard and Commissioner Dickerson issued Statements.

Legislative Recommendations 2023 On Dec. 14, the Commission voted to approve a package of 16 legislative recommendations that it will send to the President and Congress for consideration, including four that the Commission identifies as those of highest priority:

• Establish an Itemization Threshold for Conduit Contributions
• Increase the Rate of Pay for FEC Commissioners, Staff Director and General Counsel
• Amend the Foreign National Prohibition to Include Substantial Assistance
• Amend the Foreign National Prohibition to Include State and Local Ballot Initiatives, Referenda and Recall Elections

The other 12 recommendations are:

• Expand Electronic Filing Requirements
• Prohibit Fraudulent PAC Practices
• Expand the Fraudulent Misrepresentation of Campaign Authority Prohibition
• Expand the Personal Use Prohibition
• Prohibit Aiding or Abetting the Making of Contributions in the Name of Another
• Require Disclosures to Contributors Regarding Recurring Contributions
• Extend the Time Period for a Complainant to File a Suit for Delay
• Increase and Index for Inflation Limitations, Thresholds and Exemptions
• Permit Political Committees to Make Disbursements by Methods Other than Check
• Extend the Respondent Notification Period from Five to Ten Days
• Extend the Time to Establish Reporting Dates for Special Elections
• Update the Federal Campaign Finance Statutes

The Commissioners were informed that recently both the House of Representatives and the Senate approved legislation that extends the Commission’s Administrative Fine Program for 10 years. The 17th draft legislative recommendation, which pertained to the expiration of that program, therefore was deleted.

During the meeting Chair Lindenbaum recognized Commission staff who have served decades at the Commission and/or in the Federal Government.