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

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Federal RegisterFeb 2, 2023
88 Fed. Reg. 7088 (Feb. 2, 2023)

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. See52 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. See52 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 (5.93544), rounding to the nearest $100. See52 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.

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. See52 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. See52 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 is $118,700.

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

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. See52 U.S.C. 30116(d)(3)(A); 11 CFR 109.32(b)(2)(i).

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

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. See52 U.S.C. 30116(d)(3)(A); 11 CFR 109.32(b)(2)(i).

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

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). See52 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. See52 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 2023-2024 Limit
52 U.S.C. 30116(a)(1)(A) $2,000 $3,300
25,000 41,300
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. See11 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). See52 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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