2013-02520. Price Index Adjustments for Contribution and Expenditure Limitations and Lobbyist Bundling Disclosure Threshold

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 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:

Effective Date: The effective date for the limitation at 2 U.S.C. 441a(a)(1)(A) is November 7, 2012. The effective date for the limitations at 2 U.S.C. 434(i)(3)(A), 441a(a)(1)(B), 441a(a)(3), 441a(d) and 441a(h) is January 1, 2013.

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)), 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), and 11 CFR 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 2013

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 (4.65647), 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 2013 general elections for House candidates in these states is $46,600.

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, 4.65647 (which totals $93,100); or $0.02 multiplied by the VAP of the state, multiplied by 4.65647. 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 2013 general election expenditure limitation for Senate elections. The expenditure limitation for 2013 House elections in states with only one congressional district ^[2] is $93,100.

Senate General Election Expenditure Limits—2013 Elections

State	Voting age population (VAP)	VAP × .02 × the price index (4.65647)	Senate expenditure limit (the greater of the amount in column 3 or $93,100)
Alabama	3,697,617	$344,400	$344,400
Alaska	544,349	50,700	93,100
Arizona	4,932,361	459,300	459,300
Arkansas	2,238,250	208,400	208,400
California	28,801,211	2,682,200	2,682,200
Colorado	3,956,224	368,400	368,400
Connecticut	2,796,789	260,500	260,500
Delaware	712,042	66,300	93,100
Florida	15,315,088	1,426,300	1,426,300
Georgia	7,429,820	691,900	691,900
Hawaii	1,089,302	101,400	101,400
Idaho	1,169,075	108,900	108,900
Illinois	9,811,190	913,700	913,700
Indiana	4,945,857	460,600	460,600
Iowa	2,351,233	219,000	219,000
Kansas	2,161,601	201,300	201,300
Kentucky	3,362,177	313,100	313,100
Louisiana	3,484,090	324,500	324,500
Maine	1,063,274	99,000	99,000
Maryland	4,540,763	422,900	422,900
Massachusetts	5,244,729	488,400	488,400
Michigan	7,616,490	709,300	709,300
Minnesota	4,102,991	382,100	382,100
Mississippi	2,239,593	208,600	208,600
Missouri	4,618,513	430,100	430,100
Montana	783,161	72,900	93,100
Nebraska	1,392,120	129,600	129,600
Nevada	2,095,348	195,100	195,100
New Hampshire	1,045,878	97,400	97,400
New Jersey	6,838,206	636,800	636,800
New Mexico	1,571,096	146,300	146,300
New York	15,307,107	1,425,500	1,425,500
North Carolina	7,465,545	695,300	695,300
North Dakota	545,020	50,800	93,100
Ohio	8,880,551	827,000	827,000
Oklahoma	2,877,457	268,000	268,000
Oregon	3,038,729	283,000	283,000
Pennsylvania	10,024,150	933,500	933,500
Rhode Island	833,818	77,700	93,100
South Carolina	3,643,633	339,300	339,300
South Dakota	629,185	58,600	93,100
Tennessee	4,962,227	462,100	462,100
Texas	19,073,564	1,776,300	1,776,300
Utah	1,967,315	183,200	183,200
Vermont	502,060	46,800	93,100
Virginia	6,329,130	589,400	589,400
Washington	5,312,045	494,700	494,700
West Virginia	1,471,372	137,000	137,000
Wisconsin	4,408,841	410,600	410,600
Wyoming	440,922	41,100	93,100

Limitations on Contributions by Individuals, Non-Multicandidate Committees and Certain Political Party Committees Giving to U.S. Senate Candidates for the 2013-2014 Election Cycle

The Act requires 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 limitations 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 1.29668, 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). Contribution limitations shall be adjusted accordingly:

Statutory provision	Statutory amount	2013-2014 Limit
2 U.S.C. 441a(a)(1)(A)	$2,000	$2,600.
2 U.S.C. 441a(a)(1)(B)	$25,000	$32,400.
2 U.S.C. 441a(a)(3)(A)	$37,500	$48,600.
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)	$74,600 (of which no more than $48,600 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	$45,400.

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 $2,600 figure above is in effect from November 7, 2012, to November 4, 2014. 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 limitations under 2 U.S.C. 441a(a)(1)(B), 441a(a)(3)(A) and (B), and 441a(h) are in effect from January 1, 2013, to December 31, 2014. See 11 CFR 110.17(b)(1).

Lobbyist Bundling Disclosure Threshold for 2013

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 1.13887, 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 × 1.13887), the lobbyist bundling disclosure threshold for calendar year 2013 is $17,100.

On behalf of the Commission.

Dated: January 31, 2013.

Ellen L. Weintraub,

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/​representatives/​.

2.  Currently, these states are: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming. See http://www.house.gov/​representatives/​.