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FEC Approves Interim Final Rule on Independent Expenditures
At its meeting on June 8, 2022, the Federal Election
Commission approved and adopted a proposed Interim Final
Rule to revise 11 C.F.R. § 109.10(e)(1)(vi). The
regulation, as currently written, requires “[t]he
identification of each person who made a contribution in
excess of $200 to the person filing such report [of
independent expenditures exceeding $250 in a calendar
year], which contribution was made for the purpose of
furthering the reported independent expenditure.” In 2018,
the U.S. District Court for the D.C. Circuit found that
the regulation was invalid because it impermissibly
narrowed the requirements of the underlying statute, 52
U.S.C. 30104(c)(2)(C). In 2020, the U.S. Court of Appeals
for the D.C. Circuit upheld that ruling. This Interim
Final Rule amends the statute to comply with these rulings
by removing the clause "which contribution was made for
the purpose of furthering the reported independent
expenditure."
New FEC Form 1 Now Available
The Federal Election Commission has made available the
updated Statement of Organization, Form 1, that it approved
earlier this year. The updated form has new checkboxes that
allow committees to register as Super PACs or Hybrid PACs.
Supreme Court Releases Opinion in FEC v. Ted Cruz
On May 16, 2022, the United States Supreme Court released
its opinion in FEC v. Ted Cruz for Senate, et. al. In a 6-
3 ruling, the Court found that a provision of the
Bipartisan Campaign Reform Act of 2002, which caps at
$250,000 the amount of funds a candidate's authorized
campaign committee receives post-election that can be used
to repay a personal loan the candidate made to the
committee, is unconstitutional because it violates
candidates and their campaigns' First Amendment rights.