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# Policy and other guidance

Beyond regulations and advisory opinions, the Commission issues policy statements and interpretive rules when necessary to provide additional guidance on certain campaign finance law topics to federal campaigns, political committees, and individuals. The Commission sometimes seeks public comments on these proposed guidance documents before finalizing them.

The Commission also occasionally provides guidance in other formats, such as selected press releases. Additionally, the Commission has adopted internal rules and procedures for handling compliance, enforcement and other cases.

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#### Read next

- Search guidance documents
- Regulations
- The advisory opinion process
- Requests for consideration of legal questions by the Commission

-  Policy statements 
-  Interpretive rules 
-  Other guidance 
-  Rules of agency organization, procedure or practice 
-  Proposals 
-  Requests for comment 

## Policy statements

### Commission action in matters at the initial stage in the enforcement process (2024)

**Policy Statement** (March 20, 2024)

Read a summary of this policy statement

                    - Draft Policy Statement:  Agenda Document No. 24-10-A  (Commissioner Broussard and Commissioner Dickerson)                       - Comments received                         - Campaign Legal Center (Adav Noti, Saurav Ghosh and Shanna Ports)
                    - Policy Statement  (March 16, 2007)  Superseded by March 20, 2024 Policy Statement                       - Draft Policy Statement:  Agenda Document No. 07-14

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### Program for requesting consideration of legal questions by the Commission (2011; Revised 2013, 2016, 2019 and 2023)

(*For exclusive use by persons and entities that have been asked to take corrective action by the Reports Analysis Division or the Audit Division.)*
                    - Notice of Agency Procedure for Reports Analysis Division Legal Question Resolution Program  (May 12, 2023)
                    - Directive 69: Legal Guidance to the Office of Compliance

                    - Policy Statement  (July 29, 2019) -  Modified by May 12, 2023 Notice of Agency Procedure
                    - Policy Statement  (May 13, 2016) -  Modified by July 29, 2019 Policy Statement to update FEC address
                    - Policy Statement  (October 23, 2013) -  Modified by May 13, 2016 Policy Statement                       - Proposed modifications to program for requesting consideration of legal questions by the Commission  (September 4, 2013)
                    - Policy Statement  (August 1, 2011) -  Superseded by October 23, 2013 Policy Statement                       - Draft Policy Statement:                         - Agenda Document No. 11-45
                        - Agenda Document No. 11-45-A

Browse requests for legal consideration by the Commission

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### Disclosure of certain documents in enforcement, administrative fine, alternative dispute resolution cases and administrative matters (2016)

**Policy Statement** (August 2, 2016)

Read a summary of this policy statement

                    - Draft Policy Statement:  Agenda Document No. 16-13-A-2
                    - Interim Policy Statement  (January 18, 2003);  Superseded by  **August 2, 2016 Policy Statement**

Browse related documents

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### Procedures for the audit process and for legal guidance (2010)

**Policy Statement Establishing a Pilot Program for Requesting Consideration of Legal Questions by the Commission** (July 20, 2010)

Read a summary of this policy statement

                    - Proposals:                       - Draft Policy Statement Establishing a Pilot Program for Requesting Consideration of Legal Questions by the Commission:  Agenda Document 10-30-C
                      - Proposed FEC Directive on processing audit reports:  Agenda Document 10-30-A
                      - Proposed FEC Directive on legal guidance to the Office of Compliance:  Agenda Document 10-30-B
                      - Proposed New Procedures for the Audit Process and for Legal Guidance:  Agenda Document 10-30

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### Placing First General Counsel's Reports on the public record (2009)

**Policy Statement Regarding Placing First General Counsel's Reports on the Public Record** (December 14, 2009)
                    - Draft Policy Statement:                       - Agenda Document No. 09-72
                      - Agenda Document No. 09-72-A  (Commissioners Hunter, McGahn and Petersen)
                      - Agenda Document No. 09-72-B  (Commissioners Walther, Petersen, Bauerly, Hunter, McGahn and Weintraub)

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### Best efforts to obtain, maintain and submit information (2007)

**Policy Statement Regarding Treasurer's Best Efforts to Obtain, Maintain and Submit Information as Required by the Federal Election Campaign Act** (June 7, 2007)

Read a summary of this policy statement

                    - Draft Policy Statement:  Agenda Document No. 07-41
                    - Request for comment:  Federal Register notice  (December 8, 2006)                       - Comments received:                         - Michael Himes
                        - Shannon O'Leary
                    - Draft Policy Statement:  Agenda Document No. 06-76  (Commissioner von Spakovsky)

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### Safe harbor for misreporting due to embezzlement (2007)

**Policy Statement** (April 5, 2007)

Read a summary of this policy statement

                    - Draft Policy Statement:  Agenda Document No. 07-21  (Audit Division)                       - Request for comment:  Proposed embezzlement policy  (October 20, 2006)
                      - Comments received
                    - Proposed enforcement policy:  Agenda Document No. 06-67  (Vice Chairman Lenhard)
                    - Proposed internal control guidance for political committees:  Agenda Document No. 06-68  (Audit Division)

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### Self reporting of campaign finance violations (*sua sponte* submissions) (2007)

**Policy Statement****(April 5, 2007)**

Read a summary of this policy statement

                    - Draft Policy Statement:  Agenda Document No. 07-25
                    - Request for comment:  Federal Register notice  (December 8, 2006)                       - Comments received:                         - Stephen Lush
                        - Pharmaceutical Research and Manufacturers Association and National Association of Manufacturers (Robert Kelner and Scott Gast)
                    - Draft Policy Statement:  Agenda Document No. 06-79

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### Purpose of disbursement entries (2007)

**Policy Statement: Purpose of Disbursement Entries for Filing with the Commission** (January 9, 2007)

Read a summary of this policy statement

                    - Draft Policy Statement:  Agenda Document 06-83  (Chairman Toner and Vice Chairman Lenhard)
                    - Request for comment  (November 2, 2006)                       - Comments received:                         - Campaign Finance Institute (Michael J. Malbin and Steve Weissman)
                        - Center for Responsive Politics (Sheila Krumholz)
                    - Draft Policy Statement:  Agenda Document 06-72

Browse examples of adequate and inadequate purpose descriptions (updated 2018)

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### Recordkeeping requirements for payroll deduction authorizations (2006)

**Policy Statement** (July 7, 2006)

Read a summary of this policy statement

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### Naming of treasurers in enforcement matters (2005)

**Policy Statement** (January 3, 2005)

Read a summary of the policy statement

                    - Draft Policy Statement:                       - Agenda Document 04-115
                      - Agenda Document 04-115-A  (Commissioner Thomas)
                      - Agenda Document 04-115-B
                    - Request for comment:  Federal Register notice  (January 28, 2004)

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### Deposition transcriptions in nonpublic investigations (2003)

**Policy Statement** (August 22, 2003)

Read a summary of this policy statement

## Interpretive rules

### Date of political party nominations of candidates for special primary elections in New York (2013)

**Notice of Interpretive Rule** (December 16, 2013)

Read a summary of this interpretive rule

                    - Request for comment on draft interpretive rule:  Agenda Document No. 13-48                       - No comments received

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### Reporting ultimate payees of political committee disbursements (2013)

**Notice of Interpretive Rule** (July 8, 2013)

Read a summary of this interpretive rule (with reporting examples)

                    - Draft interpretive rule:  Agenda Document No. 13-24 (Drafts A & B)                       - Request for comment on draft interpretive rule:  Agenda Document No. 13-03                         - Comments received:                           - Democracy 21 and Campaign Legal Center (Fred Wertheimer and J. Gerald Hebert)
                          - Huckaby Davis Lister (Keith A. Davis)
                          - Perkins Coie LLP Political Law Group (Marc E. Elias)
                          - Robert E. Rutkowski

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### When certain independent expenditures are considered "publicly disseminated" for reporting purposes (2011)

**Notice of Interpretive Rule** (October 4, 2011)

Read a summary of this interpretive rule

                    - Draft Interpretive Rule:  Agenda Document No. 11-52                       - Comments received:                         - Harmon, Curran, Spielberg + Eisenberg, LLP (John Pomeranz)
                        - Service International Employees Union Committee on Political Education (Mark Schneider)

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### Electronic contributor redesignations (2011)

**Notice of Interpretive Rule** (March 23, 2011)To the extent that this interpretive rule’s approach to a ‘‘signature’’ could be construed to conflict with the new definition of ‘‘signature’’ in **Final Rule on Technological Modernization, 89 FR 196 (January 2, 2024)**, it is superseded.

Read a summary of this interpretive rule

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### Allocation of candidate travel expenses (2002)

**Notice of Interpretation** (February 6, 2002)

Read a summary of the notice of interpretation

## Other guidance

### Press Office acknowledgment of complaints (2023)

                    - Press release
                    - Proposal:  Agenda Document No. 23-06-A  (Commissioner Dickerson)                       - Comments received:                         - Campaign Legal Center (Adav Noti, Erin Chlopak and Saurav Ghosh)
                        - Public Citizen (Craig Holman, Ph.D.)

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### Press releases

                    - FEC provides guidance following U.S. District Court decision in *CREW v. FEC*, 316 F. Supp. 3d 349 (D.D.C. 2018)  (October 4, 2018)
                    - FEC statement on *Carey v. FEC*: reporting guidance for political committees that maintain a non-contribution account  (October 5, 2011)
                    - FEC statement on the Supreme Court's decision in *Citizens United v. FEC*  (February 5, 2010)
                    - FEC statement on the D.C. Circuit Court of Appeals decision in *EMILY's List v. Federal Election Commission*  (January 10, 2010)

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### Guideline for Presentation in Good Order (2007) (for presidential campaigns seeking public funding)

                    - Guideline for Presentation in Good Order
                    - Appendices

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### Internal controls for political committees (2007)

                    - Internal controls for political committees

Read a summary of the internal controls recommended for political committees

## Rules of agency organization, procedure or practice

### **Investigations conducted by the General Counsel****(2023)**

**Directive 74: Investigations Conducted by the General Counsel; Enforcement Investigative Plans**

Read a summary of the agency procedure

                    - Statement of Commissioner Ellen L. Weintraub Regarding the Commission's Newly Adopted Directive Concerning Investigations by the Office of General Counsel,  November 9, 2023
                    - Statement of Commissioner Shana M. Broussard Regarding the Commission's Newly Adopted Directive Concerning Investigations Conducted by the Office of General Counsel , November 2, 2023
                    - Statement of Commissioners Allen J. Dickerson and James E. “Trey” Trainor, III Regarding the Commission’s Newly Adopted Directive Concerning Investigations Conducted by the Office of General Counsel , November 2, 2023
                    - Proposal:  Agenda Document No. 23-21-A  (Commissioner Dickerson)
                    - Revised Proposal:  Agenda Document No. 23-21-A1  (Commissioner Dickerson)
                    - Revised Proposal:  Agenda Document No. 23-21-B  (Commissioner Broussard and Chair Lindenbaum)                       - Comments received:                         - Campaign for Accountability (Michelle Kuppersmith)
                        - Campaign Legal Center (Erin Chlopak and Saurav Ghosh)
                        - Corinne Dodge
                        - Institute for Free Speech (Bradley A. Smith and Gary M. Lawkowski)
                        - Representative Joseph D. Morelle

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### Litigation brought pursuant to 52 U.S.C. 30109(a)(8) (2023)

                    - **Notice of Agency Procedure Regarding Litigation**  (August 17, 2023)

Read a summary of the agency procedures

                    - Proposal:  Agenda Document No. 23-13-A  (Commissioner Dickerson)  Approved July 13, 2023, with 30-day delayed implementation.                       - Comments received:                         - Citizens for Responsibility and Ethics in Washington (Stuart McPhail)
                        - Institute for Free Speech (Bradley A. Smith and Gary M. Lawkowski)

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### Auditing of political committees that do not receive public funds (2023)

                    - **Notice of Agency Procedure for Audit Process For Committees That Do Not Receive Public Funds**  (May 12, 2023)
                    - **Notice of Agency Procedure for Reports Analysis Division Legal Question Resolution Program**  (May 12, 2023)
                    - **Directive 69: Legal Guidance to the Office of Compliance**
                    - **Directive 70: Processing Audit Reports**

Read a summary of the agency procedures

                    - Proposal:  Agenda Document No. 23-10-A  (Chair Lindenbaum and Commissioner Trainor)                       - Comments received:                         - Representative John P. Sarbanes
                      - Draft Federal Register notice for Audit Process For Committees That Do Not Receive Public Funds:  Agenda Document No. 23-10-B  and  Agenda Document No. 23-10-B1 (Revised)
                      - Draft Federal Register notice for Reports Analysis Division Legal Question Resolution Program:  Agenda Document No. 23-10-C
                      - Draft revised Directive 69:  Agenda Document No. 23-10-D
                      - Draft revised Directive 70:  Agenda Document No. 23-10-E
                    - Public hearing, February 14, 2023                       - Notice of public hearing:  Federal Register notice  (January 20, 2023)

                    - Request for comment:  Federal Register notice  (January 9, 2023)                       - Comments received:                         - Campaign Legal Center (Adav Noti and Saurav Ghosh)
                        - Jesse Crowe
                        - Holloway Law Firm (Lorenzo Holloway)
                        - Perkins Coie (Brian G. Svoboda and Antoinette M. Fuoto)
                        - Neil P. Reiff, Sandler Reiff Lamb Rosenstein & Birkenstock, P.C.
                        - Eric Wang, The Gober Group

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### Memorandum of Understanding between the Commission and Department of Justice (2023)

**Memorandum of Understanding between FEC and DOJ** (April 19, 2023)
                    - Notification of Memorandum of Understanding  (April 25, 2023)

Read a summary of the Memorandum of Understanding

                    - Proposal:  Agenda Document No. 23-08-A  (Office of General Counsel)                       - Comments received:                         - Campaign Legal Center (Adav Noti, Erin Chlopak and Kevin Hancock)

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### Agency procedure concerning the treatment of foreign state respondents at the initiation of the enforcement process (2022)

**Notice of Agency Procedure** (March 3, 2022)

Read a summary of this agency procedure

                    - Draft agency procedure:                       - Agenda Document No. 22-02-A  (Chairman Dickerson)
                      - Agenda Document No. 22-02-B  (Chairman Dickerson)

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### Agency procedure following the submission of probable cause briefs by the Office of the General Counsel (2011)

**Notice of Agency Procedure** (October 13, 2011)

Read a summary of this agency procedure

                    - Draft agency procedure:                       - Agenda Document No. 11-53  (Commissioner Walther)
                      - Agenda Document No. 11-53-A  (revised by Commissioner Walther)

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### Agency procedure for disclosure of documents and information in the enforcement process (2011)

**Notice of Agency Procedure** (June 15, 2011)

Read a summary of this agency procedure

                    - Statement of Chair Cynthia L. Bauerly and Commissioner Ellen L. Weintraub
                    - Statement of Commissioner Steven T. Walther
                    - Draft agency procedure:                       - Agenda Document No. 11-23-C  (Commissioner Walther)
                      - Agenda Document No. 11-23-D  (Chair Bauerly and Commissioner Weintraub)
                      - Agenda Document No. 11-23  (Commissioner Walther)
                      - Statement of Commissioner Ellen L. Weintraub Seeking Public Comment on the Commission’s Proposed Procedures for Disclosure of Documents in the Enforcement Process
                      - Agenda Document No. 11-23-B  (Comments re: disclosure and exculpatory evidence procedures)
                      - Comments received:                         - Perkins Coie LLP Political Law Group (Marc E. Elias, Judith L. Corley, Brian G. Svoboda, Rebecca H. Gordon)
                        - Public Integrity Section of the Department of Justice (Nancy L. Simmons)

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### **Amendment of agency procedures****for probable cause hearings (2009)**

**Notice of Amendment of Agency Procedures** (October 28, 2009)
                    - Draft amendment:  Agenda Document No. 09-48  (Chairman Walther)

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### Agency procedure for notice to potential respondents in enforcement matters (2009)

**Notice of Amendment of Agency Procedures** (August 4, 2009)

Read a summary of this agency procedure

                    - Draft amendment:  Agenda Document No. 09-47  (Chairman Walther)

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### Advisory opinion procedure (2009)

**Notice of New Advisory Opinion Procedures and Explanation of Existing Procedures** (July 7, 2009)

Read a summary of this agency procedure

                    - Draft procedure:  Agenda Document No. 09-39  (Vice Chair Petersen and Commissioners Hunter and McGahn)

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### Procedural rules for audit hearings (2009)

**Notice of Procedural Rules for Audit Hearings**, 74 Fed. Reg. 33140 (July 10, 2009)
                    - Correction , 74 Fed. Reg. 39535 (August 7, 2009)

Read a summary of this agency procedure

                    - Draft agency procedure:  Agenda Document No. 09-37
                    - Amended draft agency procedure:  Agenda Document No. 09-37-A

## Proposals

### Improvements to report filing processes and website usability (2023)

Request for comments: Federal Register notice
                    - Comments received:                       - Campaign Legal Center (Sophia Gonsalves-Brown and Roger G. Wieand)
                      - Candence Bank PAC (Marty Rowe)
                      - Elias Law Group LLP (Rachel L. Jacobs and Zachary P. Morrison)
                      - Fred Hayes
                      - Constance Lov Johnson
                      - Amelia Manlove
                      - Dhiren Shah
                      - Chris Trumpower
                      - MJ Walters
                      - Greg Walton
                      - Wiley Rein LLP (Michael E. Toner, Carol A. Laham, and Karen E. Trainer)

Read a summary of the Federal Register notice

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### Closing the file at the initial stage in the enforcement process (2021)

**Vote on Draft Statement of Policy** (April 22, 2021)
                    - Draft Statement of Policy:  Agenda Document 21-21-A  (Vice Chair Dickerson, Commissioner Cooksey and Commissioner Trainor)                       - Comments received:                         - Citizens for Responsibility and Ethics in Washington  (Noah Bookbinder)
                        - Institute of Free Speech (Alan Gura)

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### Use of campaign funds by Members of Congress for personal and residential security (2021)

                    - Revised draft interpretive rule:  Agenda Document No. 21-14-B  (Chair Broussard and Commissioner Weintraub)                       - Comments received:                         - Democratic Congressional Campaign Committee and Democratic Senatorial Campaign Committee (Marc E. Elias, Jacquelyn K. Lopez, Elizabeth P. Poston, and Shanna M. Reulbach)
                    - Draft interpretive rule and request for comment:  Agenda Document No. 21-14-A  (Chair Broussard and Commissioner Weintraub)                       - Comments received:                         - Black Legislative American Caucus PAC (Constance Lov Johnson)
                        - National Republican Senatorial Committee and National Republican Congressional Committee (Erin Clark, Ryan Dollar, Jessica Johnson and Chris Winkelman)
                        - Sandler, Reiff, Lamb, Rosenstein and Birkenstock (Neil Reiff, Dara Lindenbaum and David Mitrani)

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### Draft interpretive rule on paying for cybersecurity using party segregated account (2019)

                    - Proposal:  Agenda Document 19-21-A  (Commissioner Ravel)                       - Comments received:                         - Campaign Legal Center (Adav Noti and Brendan Fischer)
                        - Democracy 21 (Fred Wertheimer)

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### Proposal to rescind Advisory Opinion 2006-15 (TransCanada) (2016)

                    - Draft by Commissioner Ravel:  Agenda Document No. 16-32-A                       - Comments received:                         - Robert A. Brady  (Ranking Member, Committee on House Administration)
                        - Citizens for Responsibility and Ethics in Washington
                        - Center for Competitive Politics
                        - Nick Harper
                        - Public Citizen
                        - Ciara Torres-Spelliscy
                        - Comments received by CommissionerRavel@fec.gov  (September 7-8, 2016)
                        - Comments received by PublicComment@fec.gov  (August 28-30, 2016)
                        - Comments received by CommissionerRavel@fec.gov  (August 26-29, 2016)
                        - Comments received by CommissionerRavel@fec.gov  (August 19-25, 2016)

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### Reporting nationwide independent expenditures in presidential primary elections (2015)

                    - Draft interpretive rule                       - Request for comment:  Drafts A, B and C of Interpretive Rule and Request for Comment  (including Agenda Document 14-7)                         - Comments received:                           - Tom Josefiak, Jason Torchinsky, Sean Cairncross and Michael Bayes
                          - Robert D. Lenhard and Derek Lawlor

Read a summary of the proposed drafts

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### Enforcement process (2013)

                    - Draft:  Agenda Document No. 12-89
                    - Request for comments:  Federal Register notice                       - Comments received

Read a summary of the Federal Register notice

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### Agency procedure for notice to named respondents of additional material facts or additional potential violations

                    - Draft agency procedure (2013):  Agenda Document No. 13-21-L  (Commissioner Walther)
                    - Draft agency procedure (2011):  Agenda Document No. 11-65  (Commissioner Walther)
                    - Draft agency procedure (2009):  Agenda Document No. 09-46  (Commissioner Walther)

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### Volunteer materials exemption policy (2010 and 2012)

                    - Proposed interim enforcement policy:  Agenda Document No. 12-16
                    - Request for comment:                       - Comment procedures
                      - Draft A (Chairman Petersen, Commissioners Hunter and McGahn)
                      - Draft B (Commissioner Walther)
                      - Draft C
                      - Draft D
                    - Comments received:                       - Bryan Cave LLP (Michael E. Toner) and Perkins Coie LLP (Marc E. Elias and Karl Sandstrom)
                      - Republican National Committee (John R. Phillippe, Jr, Chief Counsel)
                      - Sandler, Reiff & Young, P.C .(Joseph E. Sandler and Neil P. Reiff)
                      - Targeted Creative Communications, Inc. (Dan N. Hazelwood)

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### Agency procedures and policies (2009)

(Note: Completed proposals are listed in the Agency procedures section.)
                    - **Summary of recommendations received**
                    - Extension of comment period:  Federal Register notice                       - Comments received

Read a summary of the Federal Register notice

**Public hearing, January 14-15, 2009,****including:**
                    - Complete record
                    - Hearing transcript
                    - Schedule of witnesses for public hearing
                    - Comments received
                    - Notice of public hearing and request for comments

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### Party committee transfers of nonfederal funds for payment of allocable expenses (2001)

                    - Notice of disposition  (December 27, 2001)
                    - Request for comment:  Federal Register notice  (November 7, 2001)                       - Comments received:                         - Michelle Alley
                        - American Conservative Union (Foley and Lardner by Cleta Mitchell)
                        - Terry and Jana Carlson
                        - Center for Responsive Politics (Steven C. Weiss)
                        - Common Cause and Democracy 21 (Sonosky, Chambers, Sachse, Endreson, and Perry by Donald J. Simon)
                        - Alisa Craddock
                        - DNC Services Corporation/Democratic National Committee (Sandler, Reiff & Young by Joseph E. Sandler and Neil P. Reiff)
                        - James Madison Center for Free Speech (Bopp, Coleson & Bostrom by James Bopp, Jr.)
                        - David and Kellye McMullen
                        - Foley and Lardner (Cleta Mitchell)
                        - E. R. Owen
                        - Jeff L. Richter
                        - Paul Vandivort
                        - Late Comment: Marlene Petorelli

## Requests for comment

There are no pending policy and other guidance initiatives for comment at this time

## Related topics

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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.