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

1,478 words·~7 min read·/register/2023/02/02/2023-02135·

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BILLING CODE 6715-01-P FEDERAL ELECTION COMMISSION [NOTICE 2023-03] 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 9, 2022. 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, 2023. 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) and (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) and (f). The Commission is publishing this notice to announce the adjusted limits and disclosure threshold. Coordinated Party Expenditure Limits for 2023 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) and (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 (5.93544), rounding to the nearest $100. *See* 52 U.S.C. 30116(c)(1)(B) and (d)(3)(B); 11 CFR 109.32(b) and 110.17. Based upon this formula, the expenditure limitation for 2023 general elections for House candidates in these states, districts, and territories is $59,400. 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, 5.93544 (which totals $118,700); or $0.02 multiplied by the VAP of the state, multiplied by 5.93544. *See* 52 U.S.C. 30116(c)(1)(B) and (d)(3)(A); 11 CFR 109.32(b) and 110.17. Amounts are rounded to the nearest $100. 52 U.S.C. 30116(c)(1)(B)(iii); 11 CFR 109.32(b)(3) and 110.17(c). The chart below provides the state-by-state breakdown of the 2023 general election expenditure limitations for Senate elections. The expenditure limitation for 2023 House elections in states with only one congressional district 2 is $118,700. 2 Currently, these states are: Alaska, Delaware, North Dakota, South Dakota, Vermont and Wyoming. *See http://www.house.gov/representatives/.* Senate General Election Coordinated Expenditure Limits—2023 Elections 3 State Voting age population

(VAP)VAP × .02 × the price index (5.93544) Senate expenditure limit (the greater of the amount in column 3 or $118,700) Alabama 3,962,734 $470,400 $470,400 Alaska 557,060 66,100 118,700 Arizona 5,770,187 685,000 685,000 Arkansas 2,348,518 278,800 278,800 California 30,523,315 3,623,400 3,623,400 Colorado 4,624,351 549,000 549,000 Connecticut 2,895,175 343,700 343,700 Delaware 810,269 96,200 118,700 Florida 17,948,469 2,130,600 2,130,600 Georgia 8,402,753 997,500 997,500 Hawaii 1,142,870 135,700 135,700 Idaho 1,475,629 175,200 175,200 Illinois 9,861,901 1,170,700 1,170,700 Indiana 5,263,114 624,800 624,800 Iowa 2,476,028 293,900 293,900 Kansas 2,246,318 266,700 266,700 Kentucky 3,507,735 416,400 416,400 Louisiana 3,528,548 418,900 418,900 Maine 1,137,442 135,000 135,000 Maryland 4,818,071 571,900 571,900 Massachusetts 5,644,540 670,100 670,100 Michigan 7,924,418 940,700 940,700 Minnesota 4,423,022 525,100 525,100 Mississippi 2,261,996 268,500 268,500 Missouri 4,813,049 571,400 571,400 Montana 889,114 105,500 118,700 Nebraska 1,491,246 177,000 177,000 Nevada 2,487,994 295,300 295,300 New Hampshire 1,142,307 135,600 135,600 New Jersey 7,267,590 862,700 862,700 New Mexico 1,653,831 196,300 196,300 New York 15,687,863 1,862,300 1,862,300 North Carolina 8,404,094 997,600 997,600 North Dakota 596,486 70,800 118,700 Ohio 9,193,508 1,091,400 1,091,400 Oklahoma 3,066,654 364,000 364,000 Oregon 3,403,149 404,000 404,000 Pennsylvania 10,347,543 1,228,300 1,228,300 Rhode Island 889,822 105,600 118,700 South Carolina 4,164,762 494,400 494,400 South Dakota 690,659 82,000 118,700 Tennessee 5,513,202 654,500 654,500 Texas 22,573,234 2,679,600 2,679,600 Utah 2,449,192 290,700 290,700 Vermont 532,307 63,200 118,700 Virginia 6,816,709 809,200 809,200 Washington 6,139,213 728,800 728,800 West Virginia 1,423,234 169,000 169,000 Wisconsin 4,646,910 551,600 551,600 Wyoming 451,267 53,600 118,700 Limitations on Contributions by Individuals, Non-Multicandidate Committees and Certain Political Party Committees Giving to U.S. Senate Candidates for the 2023-2024 Election Cycle 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). 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 1.65284, 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) and (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 2023-2024 Limit 52 U.S.C. 30116(a)(1)(A) $2,000 $3,300 52 U.S.C. 30116(a)(1)(B) 25,000 41,300 52 U.S.C. 30116(h) 35,000 57,800 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 $3,300 figure above is in effect from November 9, 2022, to November 5, 2024. 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, 2023, to December 31, 2024. *See* 11 CFR 110.17(b)(1). Lobbyist Bundling Disclosure Threshold for 2023 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) and (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 1.45167, 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) and 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) and 30116(c)(1)(B)(iii); 11 CFR 104.22(g)(4). Based upon this formula ($15,000 × 1.45167), the lobbyist bundling disclosure threshold for calendar year 2023 is $21,800. Dated: January 27, 2023. On behalf of the Commission, Dara S. Lindenbaum, Chair, Federal Election Commission. [FR Doc. 2023-02135 Filed 2-1-23; 8:45 am]

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