2012-3841. Price Index Adjustments for Expenditure Limitations and Lobbyist Bundling Disclosure Threshold

AGENCY:

Federal Election Commission.

ACTION:

Notice of adjustments to 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 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:

Effective Date: January 1, 2012.

FOR FURTHER INFORMATION CONTACT:

Ms. Elizabeth S. Kurland, 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., coordinated party expenditure limits (2 U.S.C. 441a(d)(2) and (3)(A), (B)) and the disclosure threshold for contributions bundled by lobbyists (2 U.S.C. 434(i)(3)(A)) are adjusted periodically to reflect changes in the consumer price index. See 2 U.S.C. 434(i)(3)(B) and 441a(c)(1), 11 CFR 104.22(g), 109.32 and 110.17(a), (f). The Commission is publishing this notice to announce the adjusted limits and disclosure threshold.

Coordinated Party Expenditure Limits for 2012

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 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 and territories that elect individuals to the office of Delegate or Resident Commissioner.^[1] The formula used to calculate the expenditure limitation in such states multiplies the base figure of $10,000 by the difference in the price index (4.56207), rounding to the nearest $100. See 2 U.S.C. 441a(c)(1)(B) and 441a(d)(3)(B), and 11 CFR 109.32(b) and 110.17. Based upon this formula, the expenditure limitation for 2012 general elections for House candidates in these states is $45,600.

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 difference in the price index, 4.56207 (which totals $91,200); or $0.02 multiplied by the VAP of the state, multiplied by 4.56207. Amounts are rounded to the nearest $100. See 2 U.S.C. 441a(c)(1)(B) and 441a(d)(3)(A), and 11 CFR 109.32(b) and 110.17. The chart below provides the state-by-state breakdown of the 2012 general election expenditure limitation for Senate elections. The expenditure limitation for 2012 House elections in states with only one congressional district ^[2] is $91,200.

Senate General Election Expenditure Limitations—2012 Elections

State	Voting age population (VAP)	VAP × .02 × the price index (4.56207)	Senate expenditure limit (the greater of the amount in column 3 or $91,200)
Alabama	3,675,597	$335,400	$335,400
Alaska	534,277	48,700	91,200
Arizona	4,857,391	443,200	443,200
Arkansas	2,227,505	203,200	203,200
California	28,419,993	2,593,100	2,593,100
Colorado	3,886,708	354,600	354,600
Connecticut	2,777,395	253,400	253,400
Delaware	702,467	64,100	91,200
Florida	15,063,111	1,374,400	1,374,400
Georgia	7,325,352	668,400	668,400
Hawaii	1,070,206	97,600	97,600
Idaho	1,156,869	105,600	105,600
Illinois	9,771,132	891,500	891,500
Indiana	4,919,319	448,800	448,800
Iowa	2,337,939	213,300	213,300
Kansas	2,147,316	195,900	195,900
Kentucky	3,348,401	305,500	305,500
Louisiana	3,456,640	315,400	315,400
Maine	1,058,970	96,600	96,600
Maryland	4,481,654	408,900	408,900
Massachusetts	5,182,521	472,900	472,900
Michigan	7,580,375	691,600	691,600
Minnesota	4,067,335	371,100	371,100
Mississippi	2,228,273	203,300	203,300
Missouri	4,598,567	419,600	419,600
Montana	775,845	70,800	91,200
Nebraska	1,382,576	126,100	126,100
Nevada	2,059,547	187,900	187,900
New Hampshire	1,038,210	94,700	94,700
New Jersey	6,778,345	618,500	618,500
New Mexico	1,562,805	142,600	142,600
New York	15,179,189	1,385,000	1,385,000
North Carolina	7,368,808	672,300	672,300
North Dakota	532,776	48,600	91,200
Ohio	8,851,859	807,700	807,700
Oklahoma	2,855,349	260,500	260,500
Oregon	3,008,092	274,500	274,500
Pennsylvania	9,981,727	910,700	910,700
Rhode Island	831,766	75,900	91,200
South Carolina	3,598,675	328,300	328,300
South Dakota	620,926	56,700	91,200
Tennessee	4,911,217	448,100	448,100
Texas	18,713,943	1,707,500	1,707,500
Utah	1,936,913	176,700	176,700
Vermont	500,413	45,700	91,200
Virginia	6,243,058	569,600	569,600
Washington	5,248,281	478,900	478,900
West Virginia	1,470,570	134,200	134,200
Wisconsin	4,385,559	400,100	400,100
Wyoming	433,221	39,500	91,200

3. Expenditure Limitation for President

The national party committees have an expenditure limitation for their general election nominee for President. The formula used to calculate the Presidential expenditure limitation considers not only the price index but also the total VAP of the United States. The Department of Commerce also publishes the total VAP of the United States annually in the Federal Register. 11 CFR 110.18. The formula used to calculate this expenditure limitation is $0.02 multiplied by the total VAP of the United States (237,657,645), multiplied by the price index, 4.56207. Amounts are rounded to the nearest $100. See 2 U.S.C. 441a(d)(2) and 11 CFR 109.32(a). Based upon this formula, the expenditure limitation for 2012 Presidential nominees is $21,684,200.

Limitations on Contributions by Individuals, Non-Multicandidate Committees and Certain Political Party Committees Giving to U.S. Senate Candidates for the 2011-2012 Election Cycle

For the convenience of the readers, the Commission is also republishing the contribution limitations for individuals, non-multicandidate committees and for certain political party committees giving to U.S. Senate candidates for the 2011-2012 election cycle:

Statutory provision	Statutory amount	2011-2012 Limitation
2 U.S.C. 441a(a)(1)(A)	$2,000	$2,500.
2 U.S.C. 441a(a)(1)(B)	$25,000	$30,800.
2 U.S.C. 441a(a)(3)(A)	$37,500	$46,200.
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)	$70,800 (of which no more than $46,200 may be attributable to contributions to political committees that are not political committees of national political parties) The overall biennial limit for 2011-12 is $117,000.
2 U.S.C. 441a(h)	$35,000	$43,100.

Lobbyist Bundling Disclosure Threshold for 2012

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. 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 1.11578, 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)(1)(B) and 11 CFR 104.22(g). Based upon this formula ($15,000 × 1.11578), the lobbyist bundling disclosure threshold for calendar year 2012 is $16,700.

Dated: February 14, 2012.

On behalf of the Commission.

Caroline C. Hunter,

Chair, Federal Election Commission.

Footnotes

1.  Currently, these states are 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.

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