FEC approves two advisory opinions, Final Rule on candidate security, notice of disposition of rulemaking, and interpretive rule

WASHINGTON - At its open meeting today, the Federal Election Commission approved two advisory opinions and a Draft Final Rule on candidate security. The Commission also approved a Notice of Disposition of a rulemaking, and a draft interpretive rule regarding Artificial Intelligence (AI) in campaign ads. The Commission discussed and held over consideration of a third advisory opinion request.

Advisory Opinion 2024-09 (U.S. Representative Nanette Barragán and Barragán for Congress) The Commission discussed and held over consideration of an advisory opinion request from Congresswoman Nanette Barragán and her principal campaign committee regarding the proposed use of campaign funds to pay for eldercare expenses incurred by Congresswoman Barragán as the primary caretaker of her mother. During the discussion, the Commission heard from counsel for the requestor. The Commission received one comment on the two draft advisory opinions.

Advisory Opinion 2024-10 (Alan Lowenthal and Alan Lowenthal for Congress) The Commission approved an advisory opinion in response to a request from former U.S. Representative Alan Lowenthal and his principal campaign committee, Alan Lowenthal for Congress, regarding the proposed use of remaining campaign funds in the committee's account to pay a researcher or editor to assist in drafting a book or other publications related to Lowenthal's experience in Congress. The Commission concluded that Congressman Lowenthal and his committee may not use campaign funds to hire a researcher or editor because the proposed expenditures would constitute a prohibited personal use of campaign funds.

Advisory Opinion 2024-12 (Shaun McCutcheon) The Commission approved an advisory opinion in response to a request concerning the application of the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations to whether a separate contribution limit applies to each individual round of vote tallying in Maine's 2024 U.S. Senate election, which uses ranked-choice voting. The Commission concluded that a single contribution limit applies because the entire ranked-choice voting process, including all necessary rounds of vote tallying, constitutes a single general election under the Act. During the discussion, the Commission heard from counsel for the requestor. The Commission received three comments on the advisory opinion request and drafts.

REG 2024-01 (Candidate Security) - Draft Final Rule and Explanation and Justification The Commission approved a Final Rule and Explanation and Justification amending its regulations regarding the use of campaign funds to pay for security measures for federal candidates, officeholders, and members of their families and staff. The Final Rule codifies several Commission advisory opinions that authorize the use of campaign funds to pay for certain security measures and addresses additional issues raised in those advisory opinions.

REG 2023-02 (Artificial Intelligence in Campaign Ads) - Draft Notice of Disposition The Commission approved a Notice of Disposition of a Petition for Rulemaking by Public Citizen, which was filed on July 13, 2023. The Petition asked the Commission to revise existing rules on the fraudulent misrepresentation of campaign authority to make clear that the related statutory prohibition applies to deliberately deceptive campaign ads using artificial intelligence. After considering the Petition and the public comments received in response, the Commission is not initiating a rulemaking at this time. Chairman Sean J. Cooksey and Vice Chair Ellen L. Weintraub issued Statements.

Draft Interpretive Rule Regarding 52 U.S.C. § 30124 (Artificial Intelligence in Campaign Ads) The Commission approved an interpretive rule clarifying that the statutory provision at 52 U.S.C. § 30124 and 11 CFR 110.16 that prohibit fraudulent misrepresentation of campaign authority apply irrespective of the technology used to conduct fraudulent misrepresentation, including content generated with the assistance of artificial intelligence. Commissioners Dara Lindenbaum and Shana M. Broussard issued a Statement on the Interpretive Rule Regarding 52 U.S.C. § 30124.