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Federal Election Commission | United States of America
  • FEC Record: Regulations

Petition for rulemaking on disclosure of independent expenditures

June 1, 2011

On April 21, 2011, U.S. Representative Chris Van Hollen submitted a Petition for Rulemaking to the Commission to revise and amend regulations relating to disclosure of independent expenditures. The petition argues that the Commission’s regulations at 11 CFR 109.10 are inconsistent with the disclosure requirements of the statute at 2 U.S.C. § 434(c). The petition contends that the regulations only require disclosure of each person who makes a contribution of more than $200 "for the purpose of furthering the reported independent expenditure," (11 CFR 109.10(e)(1)(vi)) while the statute requires disclosure of persons who make contributions of more than $200 to the person making the independent expenditure (2 U.S.C. § 434(b)(3)(A)) and disclosure of those persons who make more than $200 in contributions for the purpose of furthering an independent expenditure (2 U.S.C. § 434(c)(2)(C)). The petition requests that the Commission enact regulations that implement Congress's intent to "require disclosure of the sources of funds used by persons making independent expenditures."

The petition asks that the Commission revise the regulations at 11 CFR 109.10(e)(1) by striking existing subparagraph (vi) and replacing it with the following text:

  • (vi) The identification of each person who made a contribution during the calendar year to the person filing such report, whose contributions have an aggregate amount or value in excess of $200 within the calendar year, or in any lesser amount if the person filing such report should so elect, together with the date and the amount of any such contribution; and
  • (vii) The identification of each person who made a contribution during the reporting period in excess of $200 to the person filing such report, which contribution was made for the purpose of furthering an independent expenditure.

The Petition for Rulemaking is available on the FEC’s website at http://sers.nictusa.com/fosers under REG 2011-01 Independent Expenditure Reporting (2011).

  • Author 
    • Stephanie Caccomo

Read next:

Petitions for rulemaking on independent spending by corporations, labor organizations, foreign nationals and independent-expenditure-only committees (2015)

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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.