Senate committees must file with FEC and follow mandatory e-filing rules

Earlier today, the President signed into law the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019, which contained a provision that makes the Federal Election Commission (FEC) the official Point of Entry (POE) for all Senate filings. The legislation makes this change effective immediately. Filers who previously submitted reports to the Secretary of the Senate (“Senate filers”) must submit all reports due on/after today, September 21, 2018, directly to the FEC. Additionally, Senate filers are now subject to the electronic filing requirements that have applied to all other filers since January 1, 2000. The guidance below provides assistance to Senate filers in making the transition to submitting filings directly to the FEC. Please take special note of the FEC’s electronic filing requirements and the details provided to help Senate filers comply with those requirements.

Effective date

• Effective today (September 21, 2018), Senate filers must submit all reports to the Commission.
• The Commission does not have statutory authority to grant waivers for the new POE requirements (including the FEC’s electronic filing requirements), or to extend filing deadlines.

FEC’s electronic filing requirements

• All Senate filers are now subject to the FEC’s electronic filing requirements if they meet the electronic filing threshold. Electronic filing is required if committees receive contributions or make expenditures in excess of $50,000 in the current calendar year, or have reason to expect to do so. 11 CFR 104.18(a).
• Electronic filing is optional for those filers who do not meet the electronic filing threshold. However, once a filer begins voluntarily filing electronically, they are required to file all reports electronically for the remainder of the calendar year. 11 CFR 104.18(b).
• For additional information regarding electronic filing requirements, please visit our electronic filing overview page.

Filing electronically with FEC

• In order to file electronically, all Senate filers must obtain an electronic filing password. For more information, including how to obtain a password from the FEC’s Electronic Filing Office, please visit our password information page.
• Senate filers who previously voluntarily filed electronic versions of their reports with the FEC will need to obtain a new electronic filing password. The password previously used for voluntarily filing reports is no longer valid. Additionally, Senate filers who utilized voluntary electronic filing may need to update settings in their campaign finance software in order to file with the FEC. Please contact your campaign finance software vendor regarding any questions about the correct upload settings. If you use the FEC’s software, FECfile, please contact the Electronic Filing Office at 202-694-1307 for assistance.

Filings recently sent to Secretary of the Senate:

• Any current reports that may be in transit to the Office of Public Records at the Secretary of the Senate will be accepted as a timely filing if they are received by September 21, 2018, or have been sent via certified mail or overnight delivery no later than September 21, 2018. Any other reports received by the Secretary of the Senate after September 21, 2018, will be considered not filed.

Amending paper reports previously filed with the Senate:

• Beginning September 21, 2018, amendments to paper reports previously filed with the Senate must be submitted to the FEC. The FEC will accept electronic versions of amendments to previously filed paper reports; however, those amendments must be complete and in compliance with electronic filing regulations. 11 CFR 104.18(f). Senate filers who are now required to, or who voluntarily file electronically may submit a paper amendment to a report previously filed on paper with the Senate. Senate filers who will continue to file on paper with the Commission may amend all reports on paper.
• Questions from committees regarding the new requirements should be directed to the Reports Analysis Division, which can be reached Monday through Friday at 202-694-1130 or toll free at 1-800-424-9530, menu option 5.