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      Administrative fines

Administrative fines The Administrative Fine Program assesses civil money penalties for late and non-filed reports. Fines are established by a pre-existing formula. Most reports that committees file are covered under the Administrative Fine Program. This includes semi-annual, quarterly, monthly, pre-election, 30-day post-general and special election reports, as well as 48-Hour Notices.
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 Overview

  
  
    If the Commission finds “reason to believe” (RTB) a committee failed to file on time, the FEC will notify that committee in writing of the finding and the penalty amount. These letters are sent to the committee and its treasurer at the address listed on the committee’s most recent Statement of Organization (Form 1).Committees have 40 days to either pay the fine or submit a written challenge. The Commission will then make the appropriate final determination.

  
  
      


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        Administrative fine calculator
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    Find closed cases by searching for keywords or by case information (AF number and committee name).
      
      Administrative fine search
      
      Download administrative fine data as a CSV to use on your own:Administrative fine dataMetadata for this file »
 Paying a fine

  
  
    Committees can make payments by debit, credit card or automated clearing house (ACH) withdrawal on pay.gov (the government’s secure portal for online collections).
 Submitting a challenge

  
  
    A challenge must explain, in detail, the factual basis for the challenge. A challenge must demonstrate at least one of the following:The RTB finding was based on factual errors.The civil penalty amount was improperly calculated.The committee couldn’t file because of unforeseen circumstances beyond its control, and when those circumstances ended, the committee filed the late report within 24 hours. This is also called the “best efforts” defense.Issues that are covered by the “best efforts” defense include the following:Failure of FEC computers or FEC-provided software, even after the committee sought technical assistance from the FECWidespread disruption of internet transmissions (not caused by the committee’s own computer or internet service provider)Severe weather or other disaster-related incidentIssues that aren’t covered by “best efforts” defense include the following:Computer, software or internet failureNegligence or inexperienceUnavailable committee staff (including a treasurer’s absence)Not knowing filing datesThe Commission strongly encourages committees to submit their challenge documents in the form of affidavits or declarations, because these forms are generally given more weight and credibility.
      
      Submit challenges in writing to:

    
    AdministrativeFines@fec.gov
      
      All written responses and supporting records should be converted to PDF (Portable Document Format) and must be emailed to AdministrativeFines@fec.gov.Written challenges are reviewed by an independent officer at the FEC who was not involved in the original RTB finding. The officer will make a recommendation, which the Commission will consider along with the committee’s challenge.If a challenge is denied, committees have 30 days to pay the penalty or seek court review of the case.
 Collection of unpaid fines

  
  
    If a committee fails to pay a fine, the Commission may transfer the case to the U.S. Department of the Treasury.Treasury currently charges a fee of 30% of the civil money penalty amount for its collection services, or 32% if the age of the debt is greater than or equal to two years old. The fee is added to the original civil money penalty. Additionally, the Treasury may recover a delinquent debt by the following:Offsetting any payments — including tax refunds and salary — to the committeeGarnishing administrative wagesReporting the debt to a credit bureauReporting the debt to the IRS as potential taxable incomeReferring the debt for litigation
 Legal citations Regulations 11 CFR 111 Subpart BAdministrative fines 11 CFR 111.35If the respondent decides to challenge the alleged violation or proposed civil money penalty, what should the respondent do? 11 CFR 111.36Who will review the respondent's written response? 11 CFR 111.37What will the Commission do once it receives the respondent's written response and the reviewing officer's recommendation? 11 CFR 111.38Can the respondent appeal the Commission's final determination?
 Statutes 52 U.S.C. §30104(a)Receipts and disbursements by treasurers of political committees; filing requirements
 Federal Register notices 89 Fed. Reg. 697 (January 5, 2024)Civil monetary penalties annual inflation adjustments 87 Fed. Reg. 80020 (December 29, 2022)Civil monetary penalties annual inflation adjustments 86 Fed. Reg 73638 (December 28, 2021)Civil monetary penalties annual inflation adjustments 86 Fed. Reg. 1737 (January 11, 2021)Civil monetary penalties annual inflation adjustments 85 Fed. Reg. 47891 (August 7, 2020)Civil monetary penalties annual inflation adjustments 83 Fed. Reg. 66596 (December 27, 2018)Civil monetary penalties annual inflation adjustments 82 Fed. Reg. 61140 (December 27, 2017)Civil monetary penalties annual inflation adjustments 82 Fed. Reg. 8986 (February 2, 2017)Civil monetary penalties annual inflation adjustments 81 Fed. Reg. 41196 (June 24, 2016)Civil monetary penalties annual inflation adjustments 79 Fed. Reg. 3302 (January 21, 2014)Extension of Administrative Fine Program 78 Fed. Reg. 44419 (July 24, 2013)Civil monetary penalties inflation adjustments 75 Fed. Reg. 19873 (April 16, 2010)Collection of administrative debts; collection of debts arising from enforcement and administration of campaign finance laws 74 Fed. Reg. 37161 (July 28, 2009)Civil monetary penalties inflation adjustments; correction 74 Fed. Reg. 31345 (July 1, 2009)Civil monetary penalties inflation adjustments 73 Fed. Reg. 72687 (December 1, 2008)Extension of Administrative Fine Program 72 Fed. Reg. 14662 (March 29, 2007)Best efforts in administrative fines challenges 70 Fed. Reg. 75717 (December 21, 2005)Extension of Administrative Fine Program 69 Fed. Reg. 6525 (February 11, 2004)Extension of Administrative Fine Program 68 Fed. Reg. 16715 (April 7, 2003)Administrative fines: correction 68 Fed. Reg. 12572 (March 17, 2003)Administrative fines 65 Fed. Reg. 31787 (May 19, 2000)Administrative fines


Related topics Calculating administrative fines
 Dates and deadlines


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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