E9-2837. Price Index Increases for Contribution and Expenditure Limitations and Lobbyist Bundling Disclosure Threshold

AGENCY:

Federal Election Commission.

ACTION:

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

SUMMARY:

As mandated by provisions of the Federal Election Campaign Act of 1971, as amended (“FECA” or “the Act”), the Federal Election Commission (“FEC” or “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:

Under 2 U.S.C. 441a(c), the change in the dollar limits on contributions to candidates and candidates' authorized political committees is effective as of November 5, 2008. Under 2 U.S.C. 434(i)(3), the change in the threshold amount for reporting bundled contributions is effective as of January 1, 2009. Under 2 U.S.C. 441a(c), the changes in dollar limits on contributions to national political party committees, contributions by an individual, expenditures by party committees in connection with a general election for Federal office, and contributions to Senatorial candidates are effective as of January 1, 2009.

FOR FURTHER INFORMATION CONTACT:

Mr. Greg J. Scott or Mr. Kevin R. Salley, Information Division, 999 E Street, NW., Washington, DC 20463; [phone] or [phone].

SUPPLEMENTARY INFORMATION:

Under the Federal Election Campaign Act of 1971, 2 U.S.C. 431 et seq., as amended by the Bipartisan Campaign Reform Act of 2002 ^[1] and the Honest Leadership and Open Government Act of 2007,^[2] coordinated party expenditure limits (2 U.S.C. 441a(d)(3)(A), (B) and (d)), certain contribution limits (2 U.S.C. 441a(a)(1)(A) and (B), (a)(3) and (h)), and the disclosure threshold for contributions bundled by lobbyists (2 U.S.C. 434(i)(3)(A)) are adjusted periodically to reflect increases in the consumer price index. See 2 U.S.C. 441a(c)(1) and 11 CFR 110.17. The Commission is publishing this notice to announce the adjusted limits and disclosure threshold.

Coordinated Party Expenditure Limits for 2009

Under 2 U.S.C. 441a(c), the Commission must adjust the expenditure limitations established by 2 U.S.C. 441a(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 4.36663, 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).

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. This limitation also applies to those States that elect individuals to the office of Delegate or Resident Commissioner.^[3] The formula used to calculate the expenditure limitation in such States multiplies the base figure of $10,000 by the price index (4.36663), rounding to the nearest $100. See 2 U.S.C. 441a(d)(3)(B) and 11 CFR 109.32(b). Based upon this formula, the expenditure limitation for 2009 general elections for House candidates in these States is $43,700.

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. The formula used to calculate this expenditure limitation considers not only the price index but also the voting age population (“VAP”) of the state. The VAP of each state is published annually in the Federal Register by the Department of Commerce. 11 CFR 110.18. The general election expenditure limitation is the greater of: The base figure ($20,000) multiplied by the price index, 4.36663 (which totals $87,300); or $0.02 multiplied by the VAP of the state, multiplied by 4.36663. Amounts are rounded to the nearest $100. See 2 U.S.C. 441a(d)(3)(A) and 11 CFR 109.32(b). The chart below provides the state-by-state breakdown of the 2009 general election expenditure limitations for Senate elections. The expenditure limit for 2009 House elections in states with only one congressional district ^[4] is $87,300.

Senate General Election Expenditure Limitations—2009 Elections

State	VAP (in thousands)	VAP × .02 × the price index (4.36663)	Senate Expenditure Limit (the greater of the amount in column 3 or $87,300)
Alabama	3,540	$309,200	$309,200
Alaska	506	44,200	87,300
Arizona	4,793	418,600	418,600
Arkansas	2,153	188,000	188,000
California	27,392	2,392,400	2,392,400
Colorado	3,732	326,000	326,000
Connecticut	2,689	234,900	234,900
Delaware	667	58,300	87,300
Florida	14,324	1,251,100	1,251,100
Georgia	7,137	623,300	623,300
Hawaii	1,003	87,600	87,600
Idaho	1,111	97,000	97,000
Illinois	9,722	849,100	849,100
Indiana	4,792	418,500	418,500
Iowa	2,290	200,000	200,000
Kansas	2,102	183,600	183,600
Kentucky	3,261	284,800	284,800
Louisiana	3,303	288,500	288,500
Maine	1,042	91,000	91,000
Maryland	4,293	375,000	375,000
Massachusetts	5,071	442,900	442,900
Michigan	7,613	664,900	664,900
Minnesota	3,966	346,400	346,400
Mississippi	2,172	189,700	189,700
Missouri	4,490	392,200	392,200
Montana	747	65,200	87,300
Nebraska	1,336	116,700	116,700
Nevada	1,932	168,700	168,700
New Hampshire	1,023	89,300	89,300
New Jersey	6,635	579,500	579,500
New Mexico	1,482	129,400	129,400
New York	15,082	1,317,300	1,317,300
North Carolina	6,979	609,500	609,500
North Dakota	498	43,500	87,300
Ohio	8,756	764,700	764,700
Oklahoma	2,736	239,000	239,000
Oregon	2,923	255,300	255,300
Pennsylvania	9,686	846,000	846,000
Rhode Island	822	71,800	87,300
South Carolina	3,414	298,200	298,200
South Dakota	606	52,900	87,300
Tennessee	4,736	413,600	413,600
Texas	17,601	1,537,300	1,537,300
Utah	1,887	164,800	164,800
Vermont	492	43,000	87,300
Virginia	5,946	519,300	519,300
Washington	5,008	437,400	437,400
West Virginia	1,428	124,700	124,700
Wisconsin	4,314	376,800	376,800
Wyoming	404	35,300	87,300

Lobbyist Bundling Disclosure Threshold for 2009

The Act, as amended by HLOGA, 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. The Commission must adjust this threshold amount annually to account for inflation. The disclosure threshold is increased by multiplying the $15,000 statutory disclosure threshold by 1.06797, 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 2 U.S.C. 434(i)(3)(A) and (B), 441a(c) and 11 CFR 104.22(g). Based upon this formula ($15,000 × 1.06797), the lobbyist bundling disclosure threshold for calendar year 2009 is $16,000.

Contribution Limitation Increases for Individuals, Nonmulticandidate Committees and for Certain Political Party Committees Giving to U.S. Senate Candidates for 2009-2010 Election Cycle

BCRA amended the Act to extend inflation indexing to: (1) The limitations on contributions made by persons under 2 U.S.C. 441a(a)(1)(A) (contributions to candidates) and 441a(a)(1)(B) (contributions to national party committees); (2) the biennial aggregate contribution limits applicable to individuals under 2 U.S.C. 441a(a)(3); and (3) the limitation on contributions made to U.S. Senate candidates by certain political party committees at 2 U.S.C. 441a(h). See 2 U.S.C. 441a(c). These contribution limitations are increased by multiplying the respective statutory contribution amount by 1.21597, 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 2 U.S.C. 441a(c) and 11 CFR 110.17(b). The Commission has calculated the applicable percent difference to be 21.6 percent. Contribution limitations shall be adjusted accordingly:

Statutory provision	Statutory amount	2009-2010 limitation
2 U.S.C. 441a(a)(1)(A)	$2,000	$2,400.
2 U.S.C. 441a(a)(1)(B)	$25,000	$30,400.
2 U.S.C. 441a(a)(3)(A)	$37,500	$45,600.
2 U.S.C. 441a(a)(3)(B)	$57,500 (of which no more than $37,500 may be attributable to contributions to political committees that are not political committees of national political parties)	$69,900 (of which no more than $45,600 may be attributable to contributions to political committees that are not political committees of national political parties).
2 U.S.C. 441a(h)	$35,000	$42,600.

The increased limitation at 2 U.S.C. 441a(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 $2,400 figure above is in effect from November 5, 2008, to November 2, 2010. The limitations under 2 U.S.C. 441a(a)(1)(B), 441a(a)(3)(A) and (B), and 441a(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 limits under 2 U.S.C. 441a(a)(1)(B), 441a(a)(3)(A) and (B), and 441a(h) are in effect from January 1, 2009, to December 31, 2010. See 11 CFR 110.17(b)(1).

Dated: February 5, 2009.

On behalf of the Commission,

Steven T. Walther,

Chairman, Federal Election Commission.

Footnotes

1.  Public Law No. 107-155, 116 Stat. 81 (Mar. 27, 2002).

2.  Public Law No. 110-81, 121 Stat. 735 (Sep. 14, 2007).

3.  Currently, these States include the District of Columbia, 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/​house/​MemberWWW_​by_​State.shtml and http://about.dc.gov/​statehood.asp.

4.  Currently, these States are: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming. See http://www.house.gov/​house/​MemberWWW_​by_​State.shtml.