FEC discusses proposed Directive regarding requests to redact contributor information, approves candidate’s eligibility for matching funds

WASHINGTON – At its open meeting today, the Federal Election Commission discussed a proposed Directive concerning requests to withhold, redact, or modify contributors’ identifying information in campaign finance disclosure reports and directed the Office of General Counsel to prepare a Notice of Proposed Rulemaking. The Commission also declared Mike Pence and his principal campaign committee, Mike Pence for President (MPFP), eligible to receive federal matching funds for Pence’s 2024 presidential campaign for the Republican Party nomination and approved an initial payment of $100,000. Additionally, since Pence publicly announced the suspension of his campaign for the nomination in October 2023, the Commission also initially determined that Pence’s Date of Ineligibility for the purpose of using public funds to seek the Republican presidential nomination is the date of the suspension.

Proposed Directive Concerning Requests to Withhold, Redact, or Modify Contributors' Identifying Information The Commission discussed a proposed Directive that would adopt a process for the Commission to consider certain requests to withhold, redact, or modify contributors’ identifying information required to be obtained and reported under the Federal Election Campaign Act of 1971, as amended (the Act). The Directive would permit the Commission to grant exemptions to the Act’s reporting requirements where organizations or individual contributors demonstrate “a reasonable probability” that such disclosure “will subject [contributors] to threats, harassment, or reprisals from either Government officials or private parties.” The Commission was unable to approve the proposed Directive by the required four affirmative votes. The Commission voted to direct the Office of General Counsel to draft a Notice of Proposed Rulemaking concerning such requests within 75 days. The Commission received eight comments in response to the proposed directive. Commissioner Dara Lindenbaum issued a Statement Urging Congress to Amend the Federal Election Campaign Act to Eliminate the Public Disclosure of Contributors’ Street Names and Street Numbers and Commissioner Allen J. Dickerson issued a Statement on the Proposed Directive.

Eligibility Report - Mike Pence for President The Commission determined that Pence and MPFP fulfilled the necessary requirements and submitted the required documentation, including Candidate and Committee Agreements and Certifications. The Commission voted to certify to the Secretary of the Treasury the initial payment of $100,000 from the Presidential Primary Matching Payment Account to MPFP.

Mike Pence and Mike Pence for President - Date of Ineligibility The Commission also made an initial determination that Pence’s Date of Ineligibility (DOI) was October 28, 2023, when Pence publicly announced that he was suspending his presidential campaign. A candidate may receive post-DOI matching payments only to the extent that he or she has net outstanding campaign obligations.