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FEC proposes expanding administrative fines to include late 24‑ and 48‑hour reports and electioneering notices
Summary
The commission approved a draft notice of proposed rulemaking to expand the administrative fines program to cover late or non‑filing of three additional report types, and a commissioner urged commenters to address a recent Supreme Court opinion on jury‑trial rights in agency penalties.
The Federal Election Commission on July 25 approved a draft notice of proposed rulemaking to expand its administrative fines program to include late or non‑filing of three additional report types: 24‑ and 48‑hour independent‑expenditure reports and 24‑hour notices of electioneering communications.
Ms. Bird, the policy presenter, said the draft (agenda document 24‑24A) proposes amendments implementing the administrative fines program to cover those additional report types. She said Congress originally authorized the program and that the expansion seeks to make the fines program cover more timely‑filing obligations.
Commissioner Dickerson urged the public to consider recent Supreme Court guidance when submitting comments, noting the Court’s opinion “held that there’s a Seventh Amendment right to a jury trial at least in certain cases involving internal administrative … penalties by administrative agencies,” and suggested commenters raise that point as appropriate.
The commission moved to approve the NPRM, subject to technical and conforming edits by the policy division prior to publication in the Federal Register; the motion carried unanimously.
The NPRM, if published, will open a public comment period (dates to be set in the Federal Register) on whether and how to amend the regulations implementing the administrative fines program.
