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
FEC 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 ElusiveWhat You Need to Know about the FEC’s New Internet Communications Disclaimer Rules
By Derek Lawlor & Kimberly Railey on
Posted in Campaign Finance
Political committees, advertisers, and advertising platforms have operated under a cloud of uncertainty regarding which disclaimers, if any, must appear on internet-based advertisements. Existing Federal Election Commission (“FEC”) regulations and guidance left many unanswered questions about the disclaimers required for these increasingly important internet ads. The FEC has finally offered…
Continue Reading What You Need to Know about the FEC’s New Internet Communications Disclaimer RulesInflation Hits the FEC: Contribution Limits for 2023-2024 Raised in the Largest Periodic Increase Ever
By Derek Lawlor, Zachary G. Parks & Alex Langton on
Posted in Campaign Finance
The Federal Election Commission has announced contribution limits for 2023-2024. The new “per election” limits are effective for the 2023-2024 election cycle (November 9, 2022 – November 5, 2024), and the calendar year limits are effective January 1, 2023. The new limits represent the largest election cycle increase since the…
Continue Reading Inflation Hits the FEC: Contribution Limits for 2023-2024 Raised in the Largest Periodic Increase EverWhen 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 ConstitutionFEC Commissioners Issue New Guidance on Donor Disclosure for Groups Paying for Political Advertisements
By Zachary G. Parks, Kimberly Railey & Derek Lawlor on
Posted in Campaign Finance
Trade associations, 501(c)(4) social welfare organizations, other outside groups that pay for political advertisements, and their donors now have more answers to long-running questions regarding when donations to these groups are publicly reportable. After postponing consideration of the issue during its previous meeting, the Federal Election Commission (“FEC”) approved Wednesday…
Continue Reading FEC Commissioners Issue New Guidance on Donor Disclosure for Groups Paying for Political AdvertisementsThe Supreme Court Strikes Down Restrictions on Repayment of Candidate Loans. What Next?
Posted in Campaign Finance
As we previewed in the fall, the Supreme Court today struck down the longstanding statutory prohibition on the use of funds raised after Election Day to repay a candidate loan in Federal Election Commission v. Cruz. Although the outcome of the case—which was brought by Senator Ted Cruz (R-TX)…
Continue Reading The Supreme Court Strikes Down Restrictions on Repayment of Candidate Loans. What Next?Use of FEC Data – The Vice Chair Says the FEC Has Taken “A Wrong Turn”
By Robert Lenhard on
Posted in Campaign Finance
There are few things as seductive in politics today as good data, and few things as challenging for commercial firms as the statutory bar on the use of FEC data for commercial purposes. That came to a head yesterday, when the FEC was unable to reach a decision on an advisory opinion request on use of the FEC’s donor data to, among other things, confirm the identity and score potential donors in a client’s existing database. The case highlights the gap between the regulated community and where a majority of FEC Commissioners may soon take the law.
Continue Reading Use of FEC Data – The Vice Chair Says the FEC Has Taken “A Wrong Turn”
FEC Provides Short Webinar Training for Candidate Committees
By Robert Kelner & Robert Lenhard on
Posted in Campaign Finance
The Federal Election Commission (“FEC”) is offering a 90-minute online training session on Wednesday, April 7th, for campaign committees that use FECFile to file their disclosure reports. The purpose of this training is to address common filing problems and to provide answers to questions committees may have prior to their…
Continue Reading FEC Provides Short Webinar Training for Candidate Committees