2011-3231. Price Index Adjustments for Contribution and Expenditure Limits and Lobbyist Bundling Disclosure Threshold

AGENCY:

Federal Election Commission.

ACTION:

Notice of adjustments to contribution and expenditure limits 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 limits 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: The effective date for the limit at 2 U.S.C. 441a(a)(1)(A) is November 3, 2010. The effective date for the limits at 2 U.S.C. 434(i)(3)(A), 441a(a)(1)(B), 441a(a)(3), 441a(d), and 441a(h) is January 1, 2011.

FOR FURTHER INFORMATION CONTACT:

Mr. Greg J. Scott, 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)(2) and (3)(A) and (B)), 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 changes in the consumer price index. See 2 U.S.C. 434(i)(3) and 441a(c)(1); 11 CFR 109.32 and 110.17(a) and (f). The Commission is publishing this notice to announce the adjusted limits and disclosure threshold.

Coordinated Party Expenditure Limits for 2011

Under 2 U.S.C. 441a(c), the Commission must adjust the expenditure limits established by 2 U.S.C. 441a(d) (the limitations 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 limit 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. Coordinated Expenditure Limit for House of Representatives in States With More Than One Congressional District.

Both the national and state party committees have a coordinated expenditure limit for each general election held to fill a seat in the House of Representatives in states with more than one congressional district. This limit also applies to those states that elect individuals to the office of Delegate or Resident Commissioner.^[3] The formula used to calculate the expenditure limit in such states multiplies the base figure of $10,000 by the difference in the price index (4.42246), rounding to the nearest $100. See 2 U.S.C. 441a(c)(1)(B) and 441a(d)(3)(B); 11 CFR 109.32(b) and 110.17. Based upon this formula, the coordinated expenditure limit for 2011 general elections for House candidates in these states is $44,200.

2. Coordinated Expenditure Limit for Senate and for House of Representatives in States With Only One Congressional District.

Both the national and state party committees have a coordinated expenditure limit 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 limit 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 limit is the greater of: The base figure ($20,000) multiplied by the difference in the price index, 4.42246 (which totals $88,400); or $0.02 multiplied by the VAP of the state, multiplied by 4.42246. Amounts are rounded to the nearest $100. See 2 U.S.C. 441a(c)(1)(B) and 441a(d)(3)(A); 11 CFR 109.32(b) and 110.17. The chart below provides the state-by-state breakdown of the 2011 general election coordinated expenditure limit for Senate elections. The coordinated expenditure limit for 2011 House elections in states with only one congressional district ^[4] is $88,400.

Senate General Election Coordinated Expenditure Limits—2011 Elections

State	Voting age population (VAP)	VAP × .02 × the price index (4.42246)	Senate expenditure limit (the greater of the amount in column 3 or $88,400)
Alabama	3,599,303	$318,400	$318,400
Alaska	527,205	46,600	88,400
Arizona	4,940,296	437,000	437,000
Arkansas	2,195,465	194,200	194,200
California	27,795,779	2,458,500	2,458,500
Colorado	3,865,036	341,900	341,900
Connecticut	2,727,907	241,300	241,300
Delaware	685,978	60,700	88,400
Florida	14,616,271	1,292,800	1,292,800
Georgia	7,324,792	647,900	647,900
Hawaii	1,006,338	89,000	89,000
Idaho	1,143,651	101,200	101,200
Illinois	9,777,437	864,800	864,800
Indiana	4,861,307	430,000	430,000
Iowa	2,313,538	204,600	204,600
Kansas	2,133,356	188,700	188,700
Kentucky	3,323,606	294,000	294,000
Louisiana	3,397,965	300,600	300,600
Maine	1,048,523	92,700	92,700
Maryland	4,385,947	387,900	387,900
Massachusetts	5,203,385	460,200	460,200
Michigan	7,623,767	674,300	674,300
Minnesota	4,038,685	357,200	357,200
Mississippi	2,194,892	194,100	194,100
Missouri	4,589,980	406,000	406,000
Montana	764,058	67,600	88,400
Nebraska	1,359,656	120,300	120,300
Nevada	1,977,693	174,900	174,900
New Hampshire	1,043,155	92,300	92,300
New Jersey	6,691,782	591,900	591,900
New Mexico	1,514,872	134,000	134,000
New York	15,167,513	1,341,600	1,341,600
North Carolina	7,188,327	635,800	635,800
North Dakota	511,050	45,200	88,400
Ohio	8,840,340	781,900	781,900
Oklahoma	2,796,489	247,300	247,300
Oregon	2,986,164	264,100	264,100
Pennsylvania	9,880,374	873,900	873,900
Rhode Island	833,168	73,700	88,400
South Carolina	3,515,754	311,000	311,000
South Dakota	620,912	54,900	88,400
Tennessee	4,847,129	428,700	428,700
Texas	18,210,592	1,610,700	1,610,700
Utah	1,951,049	172,600	172,600
Vermont	500,054	44,200	88,400
Virginia	6,103,947	539,900	539,900
Washington	5,170,543	457,300	457,300
West Virginia	1,439,342	127,300	127,300
Wisconsin	4,372,515	386,700	386,700
Wyoming	417,319	36,900	88,400

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

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 limits are increased by multiplying the respective statutory contribution amount by 1.23152, 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); 11 CFR 110.17(b). Contribution limits shall be adjusted accordingly:

Statutory provision	Statutory amount	2011-2012 Limit
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.

The increased limit 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 $2,500 figure above is in effect from November 3, 2010, to November 6, 2012. The limits 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, 2011, to December 31, 2012. See 11 CFR 110.17(b)(1).

Lobbyist Bundling Disclosure Threshold for 2011

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 1.08163, 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) and 441a(c)(1)(B); 11 CFR 104.22(g). Based upon this formula ($15,000 × 1.08163), the lobbyist bundling disclosure threshold for calendar year 2011 is $16,200.

Dated: February 9, 2011.

On behalf of the Commission.

Cynthia L. Bauerly,

Chair, Federal Election Commission.

Footnotes

1.  Public Law 107-155, 116 Stat. 81 (Mar. 27, 2002).

2.  Public Law 110-81, 121 Stat. 735 (Sept. 14, 2007).

3.  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.

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.