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Code · REGISTER · 2021-02-02 · Federal Election Commission · Notices

Notices. Notice of adjustments to contribution and expenditure limitations and lobbyist bundling disclosure threshold

1,466 words·~7 min read·/register/2021/02/02/2021-02173

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6560-50-P FEDERAL ELECTION COMMISSION [Notice 2021-03] Price Index Adjustments for Contribution and Expenditure Limitations and Lobbyist Bundling Disclosure Threshold AGENCY: Federal Election Commission. ACTION: Notice of adjustments to contribution and expenditure limitations and lobbyist bundling disclosure threshold. SUMMARY: As mandated by provisions of the Federal Election Campaign Act (“the Act”), the Federal Election Commission (“the Commission”) is adjusting certain contribution and expenditure limitations and the lobbyist bundling disclosure threshold set forth in the Act, to index the amounts for inflation.
Additional details appear in the supplemental information that follows. DATES: The new limitation at 52 U.S.C. 30116(a)(1)(A) applies beginning on November 4, 2020. The new limitations at 52 U.S.C. 30104(i)(3)(A), 30116(a)(1)(B), 30116(d) and 30116(h) apply beginning on January 1, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth S. Kurland, Information Division, 1050 First Street NE, Washington, DC 20463;
(202)694-1100 or
(800)424-9530. SUPPLEMENTARY INFORMATION: Under the Federal Election Campaign Act, 52 U.S.C. 30101-45, coordinated party expenditure limits (52 U.S.C. 30116(d)(2)-(3)), certain contribution limits (52 U.S.C. 30116(a)(1)(A) and (B), and (h)), and the disclosure threshold for contributions bundled by lobbyists (52 U.S.C. 30104(i)(3)(A)) are adjusted periodically to reflect changes in the consumer price index. *See* 52 U.S.C. 30104(i)(3)(B), 30116(c); 11 CFR 109.32(a)(2), (b)(3), 110.17(a), (f). The Commission is publishing this notice to announce the adjusted limits and disclosure threshold. Coordinated Party Expenditure Limits for 2021 Under 52 U.S.C. 30116(c), the Commission must adjust the expenditure limitations established by 52 U.S.C. 30116(d) (the limits on expenditures by national party committees, state party committees, or their subordinate committees in connection with the general election campaign of candidates for Federal office) annually to account for inflation. This expenditure limitation is increased by the percent difference between the price index, as certified to the Commission by the Secretary of Labor, for the 12 months preceding the beginning of the calendar year and the price index for the base period (calendar year 1974). 52 U.S.C. 30116(c)(1)(B)(i), (2)(B)(i). 1. Expenditure Limitation for House of Representatives in States With More Than One Congressional District Both the national and state party committees have an expenditure limitation for each general election held to fill a seat in the House of Representatives in states with more than one congressional district. *See* 52 U.S.C. 30116(d)(3)(B). This limitation also applies to the District of Columbia and territories that elect individuals to the office of Delegate or Resident Commissioner. 1 *Id.* The formula used to calculate the expenditure limitation in such states and territories multiplies the base figure of $10,000 by the difference in the price index (5.24905), rounding to the nearest $100. *See* 52 U.S.C. 30116(c)(1)(B), (d)(3)(B); 11 CFR 109.32(b), 110.17. Based upon this formula, the expenditure limitation for 2021 general elections for House candidates in these states, districts, and territories is $52,500. 1 Currently, these are Puerto Rico, American Samoa, Guam, the United States Virgin Islands and the Northern Mariana Islands. *See http://www.house.gov/representatives.* 2. Expenditure Limitation for Senate and for House of Representatives in States With Only One Congressional District Both the national and state party committees have an expenditure limitation for a general election held to fill a seat in the Senate or in the House of Representatives in states with only one congressional district. *See* 52 U.S.C. 30116(d)(3)(A). The formula used to calculate this expenditure limitation considers not only the price index but also the voting age population (“VAP”) of the state. *Id.* The VAP figures used to calculate the expenditure limitations were certified by the U.S. Census Bureau. The VAP of each state is also published annually in the **Federal Register** by the U.S. Department of Commerce. 11 CFR 110.18. The general election expenditure limitation is the greater of: The base figure ($20,000) multiplied by the difference in the price index, 5.24905 (which totals $105,000); or $0.02 multiplied by the VAP of the state, multiplied by 5.24905. *See* 52 U.S.C. 30116(c)(1)(B), (d)(3)(A); 11 CFR 109.32(b), 110.17. Amounts are rounded to the nearest $100. 52 U.S.C. 30116(c)(1)(B)(iii); 11 CFR 109.32(b)(3), 110.17(c). The chart below provides the state-by-state breakdown of the 2021 general election expenditure limitations for Senate elections. The expenditure limitation for 2021 House elections in states with only one congressional district 2 is $105,000. 2 Currently, these states are: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming. *See http://www.house.gov/representatives/.* 3 This expenditure limit does not apply to the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Northern Mariana Islands because those jurisdictions do not elect Senators. *See* 52 U.S.C. 30116(d)(3)(A); 11 CFR 109.32(b)(2)(i). Senate General Election Coordinated Expenditure Limits—2021 Elections 3 State Voting age population
(VAP)VAP × .02 × the price index (5.24905) Senate expenditure limit (the greater of the amount in column 3 or $105,000) Alabama 3,834,249 $402,500 $402,500 Alaska 552,427 58,000 105,000 Arizona 5,774,978 606,300 606,300 Arkansas 2,330,808 244,700 244,700 California 30,576,844 3,210,000 3,210,000 Colorado 4,557,684 478,500 478,500 Connecticut 2,838,054 297,900 297,900 Delaware 782,153 82,100 105,000 Florida 17,482,580 1,835,300 1,835,300 Georgia 8,210,067 861,900 861,900 Hawaii 1,111,188 116,700 116,700 Idaho 1,375,870 144,400 144,400 Illinois 9,809,562 1,029,800 1,029,800 Indiana 5,188,514 544,700 544,700 Iowa 2,438,002 255,900 255,900 Kansas 2,217,059 232,700 232,700 Kentucky 3,475,334 364,800 364,800 Louisiana 3,564,038 374,200 374,200 Maine 1,101,973 115,700 115,700 Maryland 4,721,883 495,700 495,700 Massachusetts 5,552,051 582,900 582,900 Michigan 7,839,742 823,000 823,000 Minnesota 4,356,123 457,300 457,300 Mississippi 2,273,653 238,700 238,700 Missouri 4,780,119 501,800 501,800 Montana 850,894 89,300 105,000 Nebraska 1,462,537 153,500 153,500 Nevada 2,440,679 256,200 256,200 New Hampshire 1,113,141 116,900 116,900 New Jersey 6,947,836 729,400 729,400 New Mexico 1,633,828 171,500 171,500 New York 15,348,422 1,611,300 1,611,300 North Carolina 8,294,423 870,800 870,800 North Dakota 583,680 61,300 105,000 Ohio 9,124,576 957,900 957,900 Oklahoma 3,027,263 317,800 317,800 Oregon 3,380,729 354,900 354,900 Pennsylvania 10,162,497 1,066,900 1,066,900 Rhode Island 855,276 89,800 105,000 South Carolina 4,100,115 430,400 430,400 South Dakota 674,238 70,800 105,000 Tennessee 5,373,433 564,100 564,100 Texas 21,925,627 2,301,800 2,301,800 Utah 2,320,603 243,600 243,600 Vermont 510,181 53,600 105,000 Virginia 6,724,143 705,900 705,900 Washington 6,027,818 632,800 632,800 West Virginia 1,428,520 150,000 150,000 Wisconsin 4,574,131 480,200 480,200 Wyoming 449,237 47,200 105,000 Limitations on Contributions by Individuals, Non-Multicandidate Committees and Certain Political Party Committees Giving to U.S. Senate Candidates for the 2021-2022 Election Cycle The Act requires inflation indexing of:
(1)The limitations on contributions made by persons under 52 U.S.C. 30116(a)(1)(A) (contributions to candidates) and 30116(a)(1)(B) (contributions to national party committees); and
(2)the limitation on contributions made to U.S. Senate candidates by certain political party committees at 52 U.S.C. 30116(h). *See* 52 U.S.C. 30116(c). These contribution limitations are increased by multiplying the respective statutory contribution amount by 1.46170, the percent difference between the price index, as certified to the Commission by the Secretary of Labor, for the 12 months preceding the beginning of the calendar year and the price index for the base period (calendar year 2001). 52 U.S.C. 30116(c)(1)(B)(i), (2)(B)(ii). The resulting amount is rounded to the nearest multiple of $100. *See* 52 U.S.C. 30116(c); 11 CFR 110.17(b). Contribution limitations shall be adjusted accordingly: Statutory provision Statutory amount 2021-2022 limit 52 U.S.C. 30116(a)(1)(A) $2,000 $2,900 52 U.S.C. 30116(a)(1)(B) 25,000 36,500 52 U.S.C. 30116(h) 35,000 51,200 The limitation at 52 U.S.C. 30116(a)(1)(A) is to be in effect for the two-year period beginning on the first day following the date of the general election in the preceding year and ending on the date of the next regularly scheduled election. 52 U.S.C. 30116(c)(1)(C); 11 CFR 110.1(b)(1)(ii). Thus the $2,900 figure above is in effect from November 4, 2020, to November 8, 2022. The limitations under 52 U.S.C. 30116(a)(1)(B) and 30116(h) shall be in effect beginning January 1st of the odd-numbered year and ending on December 31st of the next even-numbered year. 11 CFR 110.1(c)(1)(ii). Thus the new contribution limitations under 52 U.S.C. 30116(a)(1)(B) and 30116(h) are in effect from January 1, 2021, to December 31, 2022. *See* 11 CFR 110.17(b)(1). Lobbyist Bundling Disclosure Threshold for 2021 The Act requires certain political committees to disclose contributions bundled by lobbyists/registrants and lobbyist/registrant political action committees once the contributions exceed a specified threshold amount. 52 U.S.C. 30104(i)(1), (i)(3)(A). The Commission must adjust this threshold amount annually to account for inflation. 52 U.S.C. 30104(i)(3)(B). The disclosure threshold is increased by multiplying the $15,000 statutory disclosure threshold by 1.28380, the difference between the price index, as certified to the Commission by the Secretary of Labor, for the 12 months preceding the beginning of the calendar year and the price index for the base period (calendar year 2006). *See* 52 U.S.C. 30104(i)(3), 30116(c)(1)(B); 11 CFR 104.22(g). The resulting amount is rounded to the nearest multiple of $100. 52 U.S.C. 30104(i)(3)(B), 30116(c)(1)(B)(iii); 11 CFR 104.22(g)(4). Based upon this formula ($15,000 × 1.28380), the lobbyist bundling disclosure threshold for calendar year 2021 is $19,300. Dated: January 28, 2021. On behalf of the Commission, Shana M. Broussard, Chair, Federal Election Commission. [FR Doc. 2021-02173 Filed 2-1-21; 8:45 am]
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