Price Index Adjustments for Contribution and Expenditure Limitations and Lobbyist Bundling Disclosure Threshold

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Federal RegisterFeb 7, 2019
84 Fed. Reg. 2504 (Feb. 7, 2019)

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 effective date for the limitation at 52 U.S.C. 30116(a)(1)(A) is November 7, 2018. The effective date for the limitations at 52 U.S.C. 30104(i)(3)(A), 30116(a)(1)(B), 30116(d) and 30116(h) is January 1, 2019.

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. 30101-46, coordinated party expenditure limits (52 U.S.C. 30116(d)(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), 30116(c); 11 CFR 109.32, 110.17(a), (f). The Commission is publishing this notice to announce the adjusted limits and disclosure threshold.

Coordinated Party Expenditure Limits for 2019

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. 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. 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 (5.09279), 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 2019 general elections for House candidates in these states, districts, and territories is $50,900.

.Currently, these are the Commonwealth of Puerto Rico, and the territories of 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, 5.09279 (which totals $101,900); or $0.02 multiplied by the VAP of the state, multiplied by 5.09279. Amounts are rounded to the nearest $100. See 52 U.S.C. 30116(c)(1)(B), (d)(3)(A); 11 CFR 109.32(b), 110.17. The chart below provides the state-by-state breakdown of the 2019 general election expenditure limitations for Senate elections. The expenditure limitation for 2019 House elections in states with only one congressional district is $101,900.

Currently, these states are: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming. See http://www.house.gov/representatives/.

Senate General Election Coordinated Expenditure Limits—2019 Elections

State Voting age population (VAP) VAP × .02 × the price index (5.09279) Senate Expenditure Limit (the greater of the amount in column 3 or $101,900)
Alabama 3,798,031 $386,900 $386,900
Alaska 553,622 56,400 101,900
Arizona 5,528,989 563,200 563,200
Arkansas 2,310,645 235,400 235,400
California 30,567,090 3,113,400 3,113,400
Colorado 4,430,329 451,300 451,300
Connecticut 2,837,472 289,000 289,000
Delaware 763,555 77,800 101,900
Florida 17,070,244 1,738,700 1,738,700
Georgia 8,013,724 816,200 816,200
Hawaii 1,117,077 113,800 113,800
Idaho 1,307,236 133,100 133,100
Illinois 9,883,814 1,006,700 1,006,700
Indiana 5,123,748 521,900 521,900
Iowa 2,425,378 247,000 247,000
Kansas 2,205,544 224,600 224,600
Kentucky 3,459,573 352,400 352,400
Louisiana 3,564,062 363,000 363,000
Maine 1,088,000 110,800 110,800
Maryland 4,702,570 479,000 479,000
Massachusetts 5,535,291 563,800 563,800
Michigan 7,831,247 797,700 797,700
Minnesota 4,308,564 438,900 438,900
Mississippi 2,280,389 232,300 232,300
Missouri 4,749,622 483,800 483,800
Montana 832,871 84,800 101,900
Nebraska 1,452,427 147,900 147,900
Nevada 2,345,395 238,900 238,900
New Hampshire 1,098,288 111,900 111,900
New Jersey 6,954,877 708,400 708,400
New Mexico 1,613,275 164,300 164,300
New York 15,474,107 1,576,100 1,576,100
North Carolina 8,082,975 823,300 823,300
North Dakota 581,379 59,200 101,900
Ohio 9,096,117 926,500 926,500
Oklahoma 2,986,593 304,200 304,200
Oregon 3,317,146 337,900 337,900
Pennsylvania 10,158,149 1,034,700 1,034,700
Rhode Island 852,102 86,800 101,900
South Carolina 3,978,182 405,200 405,200
South Dakota 664,629 67,700 101,900
Tennessee 5,263,790 536,100 536,100
Texas 21,303,746 2,169,900 2,169,900
Utah 2,228,643 227,000 227,000
Vermont 510,326 52,000 101,900
Virginia 6,647,893 677,100 677,100
Washington 5,872,306 598,100 598,100
West Virginia 1,441,672 146,800 146,800
Wisconsin 4,537,465 462,200 462,200
Wyoming 442,962 45,100 101,900

Limitations on Contributions by Individuals, Non-Multicandidate Committees and Certain Political Party Committees Giving to U.S. Senate Candidates for the 2019-2020 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 2 U.S.C. 30116(c). These contribution limitations are increased by multiplying the respective statutory contribution amount by 1.41818, 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). 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:

52 U.S.C. 30116(a)(1)(B)52 U.S.C. 30116(h)
Statutory provision Statutory amount 2019-2020 limit
52 U.S.C. 30116(a)(1)(A) $2,000 $2,800
25,000 35,500
35,000 49,600

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. Thus the $2,800 figure above is in effect from November 7, 2018, to November 3, 2020. 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. Thus the new contribution limitations under 52 U.S.C. 30116(a)(1)(B) and 30116(h) are in effect from January 1, 2019, to December 31, 2020. See 11 CFR 110.17(b)(1).

Lobbyist Bundling Disclosure Threshold for 2019

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), (3)(A). The Commission must adjust this threshold amount annually to account for inflation. 52 U.S.C. 30104(i)(1). The disclosure threshold is increased by multiplying the $15,000 statutory disclosure threshold by 1.24558, 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). The resulting amount is rounded to the nearest multiple of $100. See 52 U.S.C. 30104(i)(3), 30116(c)(1)(B); 11 CFR 104.22(g). Based upon this formula ($15,000 × 1.24558), the lobbyist bundling disclosure threshold for calendar year 2019 is $18,700.

On behalf of the Commission.

Dated: February 4, 2019.

Ellen L. Weintraub,

Chair, Federal Election Commission.

[FR Doc. 2019-01516 Filed 2-6-19; 8:45 am]

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