As we highlighted in a prior post, in February, President Trump signed an executive order that expanded the President’s authority over independent agencies within the executive branch that could have important effects on future rulemakings and advisory opinions from the Federal Election Commission (FEC or “Commission”). In particular, we
Continue Reading Though Unsuccessful, Challenge to Trump Executive Order Yields Potentially Noteworthy Representations Regarding FEC Independencecampaign finance
FEC Raises Contribution Limits for 2025-2026
By Derek Lawlor & Kimberly Railey on
Posted in Campaign Finance
The Federal Election Commission has announced contribution limits for 2025-2026. The new “per election” limits are effective for the 2025-2026 election cycle (November 6, 2024 – November 3, 2026), and the calendar year limits are effective January 1, 2025.
The FEC increased the amount an individual can contribute to a…
New House Ethics Committee Memorandum Clarifies Rules on Personal Use of Covered Campaign Funds
By Robert Lenhard, Matthew Shapanka & Stephanie King on
Posted in Campaign Finance, Government Ethics
The House Ethics Committee concluded 2024 by releasing a memorandum updating its guidance for Members’ personal use of political campaign funds (“updated guidance”). While the Federal Election Campaign Act (“FECA”) and Federal Election Commission (“FEC”) regulations prohibit the personal use of campaign funds, House Rule 26.6(b) imposes additional restrictions on…
Continue Reading New House Ethics Committee Memorandum Clarifies Rules on Personal Use of Covered Campaign FundsFEC Year in Review 2024
With a game-changing advisory opinion (AO 2024-01), 2024 started out with a bang at the Federal Election Commission (“FEC”). Other consequential opinions, enforcement actions, and regulations continued in the following months, challenging the notion that the divided Commission cannot find consensus.
In this alert, we highlight the FEC’s major…
Continue Reading FEC Year in Review 2024Avoiding Pitfalls on the Path to Election Day: Common Political Law Risks for Corporations in Election Season
With Election Day fast approaching, corporations face increasing pressure from both internal and external forces to make legal decisions about political activities. This can be a fraught area of law, with little understood, highly technical regulatory issues that vary significantly across jurisdictions. Corporate counsel should be mindful of common—and sometimes…
Continue Reading Avoiding Pitfalls on the Path to Election Day: Common Political Law Risks for Corporations in Election SeasonHeaded to Milwaukee or Chicago this Summer? Political and Governmental Ethics Rules at the 2024 National Party Conventions
The Democratic and Republican National Party Conventions are a premiere forum for businesses and trade groups to elevate their priorities to candidates, elected officials, and staff. However, thanks to a complex regulatory regime, participation in convention events can invite scrutiny and legal trouble. The Republican Convention is scheduled to take…
Continue Reading Headed to Milwaukee or Chicago this Summer? Political and Governmental Ethics Rules at the 2024 National Party ConventionsAs States Lead Efforts to Address Deepfakes in Political Ads, Federal Lawmakers Seek Nationwide Policies
By Matthew Shapanka & Samuel Klein on
Posted in Political Law
A New Orleans magician recently made headlines for using artificial intelligence (AI) to emulate President Biden’s voice without his consent in a misleading robocall to New Hampshire voters. This was not a magic trick, but rather a demonstration of the risks AI-generated “deepfakes” pose to election integrity. As rapidly evolving…
Continue Reading As States Lead Efforts to Address Deepfakes in Political Ads, Federal Lawmakers Seek Nationwide PoliciesFEC Seeks Comment on AI Petition After Earlier Deadlock, But New Rules Remain Elusive
By Matthew Shapanka on
Posted in Campaign Finance
The Federal Election Commission (FEC) officially dipped its toes into the ongoing national debate around artificial intelligence (AI) regulation, publishing a Federal Register notice seeking comment on a petition submitted by Public Citizen to initiate a rulemaking to clarify that the Federal Election Campaign Act (FECA) prohibits deceptive AI-generated campaign…
Continue Reading FEC Seeks Comment on AI Petition After Earlier Deadlock, But New Rules Remain ElusiveWhen is a Treasurer Personally Liable for PAC Violations?
By Robert Lenhard, Elizabeth Upton & Kimberly Railey on
Posted in Campaign Finance, Enforcement
The Federal Election Commission (“FEC”) recently answered a common question for those involved in operating a federal PAC: When is the treasurer personally liable for violations of the rules on recordkeeping and reporting? In doing so, the FEC highlighted the importance of external oversight of PAC operations, and the value…
Continue Reading When is a Treasurer Personally Liable for PAC Violations?Picking Battles: The FEC and the Constitution
By Robert Lenhard & Zachary G. Parks on
Posted in Campaign Finance
Perhaps no citation has been more favored in Federal Election Commission (“FEC”) decisions over the past decade than Heckler v. Chaney, 470 U.S. 821 (1985), a Supreme Court decision that gives an agency broad discretion over which enforcement cases to pursue. But there is a category of cases where…
Continue Reading Picking Battles: The FEC and the Constitution