1. Getting the Goods from the Federal Election Commission

2. Getting the Goods Overview Brief History of the FEC. Functions of the FEC. Where to go for information and story ideas.

3. Brief History Created in 1974 (post-Watergate). Composed of six appointed commissioners. –Three Democrats and three Republicans. –Staggered six-year terms; term-limited. Four votes required for any action to be taken.

4. Functions of the FEC Collecting and disseminating campaign finance information. Interpreting and enforcing the campaign finance laws. Defending the campaign finance laws in court. Administering the public financing system.

5. Collecting and disseminating campaign finance information Collecting and disseminating information is a two-step process. –First, the FEC collects information from candidates, parties, PACs, etc. –Second, the FEC makes information available to the public.

6. Collecting campaign finance information Who is required to report their activity? –Federal candidates. But note special rules for Senate candidates, Senatorial party committees, below. –Political parties. –Political action committees (PACs). –Individuals, in some circumstances. FEC refers to reporting entities as “committees.” –E.g., candidate committees, political party committees, political action committees.

7. Collecting campaign finance information Where do committees file? –Senate candidates and Senatorial party committees: Submit paper reports to Secretary of the Senate. Secy of Senate then forwards report to FEC. –All other filers (committees & individuals) report directly to the FEC.

8. Collecting campaign finance information What information must be provided? –Committees report sources and amounts of money raised and spent. Reports must list all financial activity, and include: Summary page and detailed summary page. Itemized lists of contributors of more than $200. –Name and address. –Occupation and name of employer. Sources of all loans received. –Reports do not include: Contents of campaign ads. Description of campaign strategies, campaign plans, etc.

9. Collecting campaign finance information How do committees file their reports? –Some file on paper forms: Senate candidates and Senatorial party committees file paper reports with Secretary of Senate. Small committees (receipts < or = $50,000/year) may file paper reports with FEC. Individuals may file paper reports with FEC. –All other committees required to file electronically. Committees whose actual or expected receipts > $50,000/year.

10. Disseminating Campaign Finance Information FEC makes information available in several forms on http://www.fec.gov/finance_reports.html: http://www.fec.gov/finance_reports.html –Web page (html) versions of electronically filed reports: http://herndon2.sdrdc.com/dcdev/.http://herndon2.sdrdc.com/dcdev/ –Scanned images of reports: http://herndon1.sdrdc.com/fecimg/index.html.http://herndon1.sdrdc.com/fecimg/index.html –Raw data compiled into large data files. http://www.fec.gov/finance/newftp1.htm.http://www.fec.gov/finance/newftp1.htm CRP provides value-added data: –www.opensecrets.orgwww.opensecrets.org

11. Interpreting and enforcing the campaign finance laws. FEC has exclusive authority. FEC interpretations have enormous impact on how campaigns are run. Examples: –The “soft money” system. –Sham issue ads before McCain-Feingold. FEC decisions often predictive – campaigns put FEC decisions into action.

12. Interpreting and enforcing the campaign finance laws. Two ways in which FEC interprets the law: –By adopting regulations. –By issuing advisory opinions. Two ways in which FEC enforces the law: –By investigating violations in “Matters Under Review” (MURs). –By filing civil lawsuits in federal district court.

13. Interpreting the campaign finance laws. FEC Regulations. –Detailed rules explaining how law will be applied. –Contained in Title 11, Code of Federal Regulations. http://www.access.gpo.gov/nara/cfr/waisidx_04/11cfrv1_04.html.http://www.access.gpo.gov/nara/cfr/waisidx_04/11cfrv1_04.html Rulemakings. –The FEC’s process for adopting regulations. Proposed rules, public comments, hearings. http://www.fec.gov/register.htm.http://www.fec.gov/register.htm –Often involve controversial issues.

14. Interpreting the campaign finance laws. Advisory Opinions (AOs). –Candidates, political parties, PACs, others ask FEC for guidance on how law would apply to planned activity. –Often involve controversial issues. –Where to find AO information: Requests -- http://www.fec.gov/aoreq.html Opinions -- http://herndon3.sdrdc.com/ao/

15. Enforcing the Campaign Finance Laws Matters Under Review (MURs). –Investigations of possible violations of law. Entities being investigated referred to as “respondents.” MURs initiated in two ways: –Complaints submitted by public. –FEC reviews of disclosure reports. May result in: –Negotiated civil penalty. –Lawsuit in federal district court. –MURs are confidential while case is open. Closed cases -- http://eqs.sdrdc.com/eqs/searcheqs.http://eqs.sdrdc.com/eqs/searcheqs

16. Other FEC Functions Administering the public financing system. –Matching funds in presidential primaries. –Convention funding. –Full public funding in general election. Defending constitutionality of campaign finance laws. –Example: McConnell v. FEC. US Supreme Court decision upholding most of McCain- Feingold. http://www.fecwatch.org/law/court/mcconnell.asp http://www.cfinst.org/eguide/mcconnellvfec/index.html