[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Rules and Regulations]
[Page 78785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21983]


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FEDERAL ELECTION COMMISSION

11 CFR Part 110

[Notice 2024-24]


Fraudulent Misrepresentation of Campaign Authority

AGENCY: Federal Election Commission.

ACTION: Interpretive rule.

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SUMMARY: The Federal Election Commission is issuing guidance on the 
fraudulent misrepresentation of campaign authority.

DATES: This interpretive rule is effective September 26, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General 
Counsel, or Ms. Jennifer Waldman, Attorney, 1050 First Street NE, 
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act (``FECA'' 
or ``Act'') prohibits the fraudulent misrepresentation of campaign 
authority. It does so in two ways: (1) by barring Federal candidates or 
their agents from fraudulently misrepresenting themselves or 
organizations under their control as ``speaking or writing or otherwise 
acting for or on behalf of any other candidate or political party or 
employee or agent thereof on a matter which is damaging to such other 
candidate or political party or employee or agent thereof'' or 
``willfully and knowingly'' participating in or conspiring to do so; 
and (2) by barring any person from ``fraudulently misrepresent[ing]'' 
themselves ``as speaking, writing, or otherwise acting for or on behalf 
of any candidate or political party or employee or agent thereof for 
the purpose of soliciting contributions or donations'' or ``willfully 
and knowingly'' participating in or conspiring to do so. 52 U.S.C. 
30124; see also 11 CFR 110.16.
    It has been suggested that this statute may have a specific 
application in light of new developments in technology, especially 
content generated with the assistance of artificial intelligence 
(``AI''). For this reason, the Commission is issuing this guidance to 
clarify that 52 U.S.C. 30124 and 11 CFR 110.16 apply irrespective of 
the technology used to conduct fraudulent misrepresentation.
    For purposes of 52 U.S.C. 30124, it does not matter whether a 
regulated person uses any particular form of technology, including AI, 
in order to ``fraudulently misrepresent himself or any committee or 
organization under his control as speaking or writing or otherwise 
acting for or on behalf'' of another ``candidate or political party or 
employee or agent'' or to engage in the ``[f]raudulent solicitation of 
funds'' by ``misrepresent[ing] the person as speaking, writing, or 
otherwise acting for or on behalf of any candidate or political party 
or employee or agent thereof for the purpose of soliciting 
contributions or donations.'' 52 U.S.C. 30124(a)-(b). The legal 
question is whether the actor fraudulently holds himself or herself out 
as ``acting for or on behalf of any other candidate or political party 
or employee or agent thereof.'' Id. This fraud may be accomplished 
using AI-assisted media, forged signatures, physically altered 
documents or media, false statements, or any other means. The statute, 
and the Commission's implementing regulation, is technology neutral.
    The Commission believes that this interpretation of its statute and 
attendant regulation will clarify the scope of 52 U.S.C. 30124 in 
connection with evolving technology, including AI-assisted media and 
future developments that remain unknown and unpredictable.
    This interpretive rule announces the general course of action that 
the Commission intends to follow. This interpretive rule does not 
constitute an agency action requiring notice of proposed rulemaking, 
opportunities for public participation, prior publication, or delay in 
effective date under 5 U.S.C. 533. It does not bind the Commission or 
any members of the general public, nor does it create or remove any 
rights, duties, or obligations. The provisions of the Regulatory 
Flexibility Act, which apply when notice and comment are required by 
the Administrative Procedure Act or other relevant statute, do not 
apply here. See 5 U.S.C. 603(a).

    Dated: September 20, 2024.

    On behalf of the Commission,
Sean J. Cooksey,
Chairman, Federal Election Commission.
[FR Doc. 2024-21983 Filed 9-25-24; 8:45 am]
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