HR-8738-119
Received in the Senate and Read twice and referred to the Committee on Rules and Administration.
Sponsored by Joseph Morelle (D-NY)
What it does
This bill would require persons who make electioneering communications (certain political ads) to file their disclosure reports electronically, rather than allowing paper filing. It would also amend campaign finance law to let political committees make disbursements from their accounts by methods other than a paper check, such as electronic transfer or debit card.
Who benefits
Political committees, campaigns, and persons making electioneering communications, who would gain more efficient reporting and payment options; the Federal Election Commission, which would receive more standardized, searchable electronic data; and watchdog groups and journalists who use FEC data, who would get faster access to disclosure information.
Who is hurt
Smaller organizations or individuals making electioneering communications with limited administrative capacity or technical resources may face a modest compliance burden in setting up electronic filing systems; no group loses substantive rights or funding as a result of these changes.
Supporters argue
Supporters argue that requiring electronic filing for electioneering communications closes a gap where similar spenders already file electronically, making disclosure data faster, more accurate, and easier for the public and the FEC to review. They contend that allowing disbursements by methods other than paper check modernizes campaign finance administration and reflects how most financial transactions already occur.
Opponents argue
Opponents argue that mandatory electronic filing could impose a modest technical or cost burden on smaller, less sophisticated groups making electioneering communications who may lack in-house accounting systems. They contend that expanding permissible disbursement methods beyond checks could make it marginally harder to trace campaign spending, since checks create a clear paper trail that electronic transfers may not always replicate as transparently.
Constitutional context
Congress has authority to regulate disclosure and administration of federal campaign finance activity under its Article I powers as applied through the Federal Election Campaign Act, and the Supreme Court in Citizens United v. FEC (2010) upheld disclosure requirements for political spending as consistent with the First Amendment.
Checks and balances
Congress amends the statute governing FEC reporting and disbursement rules; the FEC retains authority to implement and enforce these administrative requirements, with judicial review available for any enforcement disputes.
Historical precedent
Congress has previously expanded electronic filing requirements for political committees under the Federal Election Campaign Act, including earlier mandates that certain filers submit reports electronically.