Overview
Title
To amend the Federal Election Campaign Act of 1971 to require political committees to file separate reports for contributions of $1,000 or more which are received fewer than 20 days before the date of any election in which the committee makes a contribution to, or an expenditure or electioneering communication on behalf of or in opposition to, a candidate or political party in the election, and for other purposes.
ELI5 AI
The SHINE Act is a rule that wants to make sure everyone knows who is giving big money to help or hurt people running for election right before voting day. It says if groups get $1,000 or more very close to the election, they need to tell everyone about it right away so there are no secrets.
Summary AI
H.R. 6930, known as the “Stopping Hidden Interests and Non-disclosure in Elections Act” or the “SHINE Act,” aims to increase transparency in election contributions. It requires political committees to file separate and timely reports for any contributions of $1,000 or more that are received fewer than 20 days before an election. This measure applies to contributions, expenditures, or electioneering communications made either in support of or against a candidate or political party. The Federal Election Commission is tasked with implementing any necessary regulations within 90 days to enforce this requirement.
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AnalysisAI
The legislation, titled the "Stopping Hidden Interests and Non-disclosure in Elections Act" or the "SHINE Act," proposes amendments to the Federal Election Campaign Act of 1971. The primary intention of this bill is to enhance transparency in political funding by mandating political committees to report large contributions received shortly before an election. Specifically, it targets contributions of $1,000 or more received between 20 and 2 days prior to an election. The bill also requires the Federal Election Commission (FEC) to develop necessary regulations to enforce these reporting requirements.
Summary of Significant Issues
Threshold Amount: The bill sets a threshold of $1,000 for contributions that require reporting. While this is a significant amount, smaller contributions might accumulate to exert considerable influence without being subjected to the same transparency. This poses a gap in comprehensive oversight of election financing.
Reporting Timelines: The timeframe specified for reporting these contributions — more than 48 hours before the election — could be interpreted ambiguously. This could lead to misinterpretations, causing delays in disclosure and undermining the bill's transparency goals.
Lack of Penalties: There is no mention of penalties or accountability mechanisms for committees that fail to comply with the reporting requirements. Without consequences for non-compliance, the effectiveness of this legislation in ensuring transparency and deterring undisclosed financial influence in elections could be compromised.
Format and Medium for Reporting: The bill does not specify how notifications should be submitted to the Commission, which might result in varied reporting practices. Different interpretations by various committees could reduce the consistency and reliability of the data reported.
Regulatory Implementation: The FEC is tasked to implement regulations within 90 days, a potentially challenging deadline given the agency's workload and resource constraints. Delays in regulation could stall the enactment of the bill's requirements, further affecting its timeliness and effectiveness.
Impact on the Public and Stakeholders
For the general public, the bill could increase transparency regarding the sources of significant political contributions in the crucial days leading up to elections. This transparency could empower voters with more information about potential influences on candidates and campaigns, fostering a more informed electorate and potentially improving trust in the electoral process.
Political committees and donors are directly impacted as they must adapt to new reporting requirements. While it could complicate financial operations for some, particularly smaller committees operating close to the $1,000 threshold, it encourages a culture of transparency that aligns with democratic values.
For the FEC, the bill imposes new regulatory responsibilities that require prompt action. Given the necessity for effective administration and oversight, the commission might face increased pressure concerning resources and capacity to fulfill these duties within the allotted timeframe.
Overall, the SHINE Act aims to shed light on last-minute financial influences in elections, bolstering the integrity and transparency of the electoral process. However, its success depends significantly on effective implementation, concise interpretation of its requirements, and accountability measures to ensure compliance.
Financial Assessment
The "Stopping Hidden Interests and Non-disclosure in Elections Act," or the SHINE Act, introduces specific financial reporting requirements for political committees concerning election-related contributions. The legislation focuses on enhancing transparency around the financial activities of these committees in close proximity to elections.
Summary of Financial Reporting Requirements
The SHINE Act mandates that political committees submit separate reports for any contributions of $1,000 or more that they receive fewer than 20 days prior to an election. This requirement aims to bring to light funding that could potentially influence the outcome of elections. The act specifies that the committees must report these contributions if they make a contribution to, or an expenditure or electioneering communication on behalf of or against, a candidate or political party.
Financial References and Related Issues
While the legislation targets contributions $1,000 or more, it does not address smaller contributions that could collectively impact elections. Thus, financial activities below this threshold remain unmonitored, potentially leading to significant yet unreported financial influences.
One potential complication arises from the bill's timeline requirement that specifies contributions must be reported if they are received more than 48 hours before an election. This creates a small window for timely reporting and can lead to confusion, possibly resulting in delayed filings. This might defeat the bill's purpose of promoting transparency.
Furthermore, although the act imposes a requirement for reporting, it does not outline any penalties or accountability measures for committees failing to comply, potentially leading to non-disclosure or late disclosure of financially significant contributions.
The act also lacks specificity regarding the format or medium through which committees should notify the Federal Election Commission. This omission may lead to inconsistencies in how financial activities are reported.
Lastly, the Federal Election Commission is tasked with developing and promulgating the necessary regulations to enforce these new reporting requirements within 90 days. Given the potential complexity and resource demands, this timeline may be unrealistic, possibly delaying the implementation of the act's provisions.
In conclusion, the SHINE Act represents a legislative effort to bring financial transparency to late-stage election contributions. Yet, the minor detail of financial thresholds and reporting timelines highlights potential loopholes and challenges, which might affect its efficacy in ensuring comprehensive transparency in electoral financial activities.
Issues
The amendment only applies to contributions of $1,000 or more received fewer than 20 days before an election, potentially excluding smaller yet significant financial activities that could influence elections. This issue is related to Section 2.
The timeline requirement stipulating contributions must be reported 'more than 48 hours before' an election might create confusion, as it can be misinterpreted, leading to late reporting. This could undermine the bill's intent to promote transparency. This issue is related to Section 2.
There is no accountability or penalty specified for committees that fail to report contributions or expenditures promptly, which could lead to a lack of oversight and transparency. This issue is related to Section 2.
The amendment does not specify the format or medium for notifications to the Commission, leading to potential inconsistencies in reporting practices. This issue is related to Section 2.
The Federal Election Commission is required to promulgate necessary regulations within 90 days, which may be overly ambitious depending on their capacity and workload, potentially causing regulatory delays. This issue is related to Section 2.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill gives its official short title as the "Stopping Hidden Interests and Non-disclosure in Elections Act" or the "SHINE Act."
2. Requiring political committees to file separate reports for contributions received fewer than 20 days before election in which committee makes contributions or expenditures on behalf of a candidate or political party Read Opens in new tab
Summary AI
Political committees must report any contribution of $1,000 or more received between 20 and 2 days before an election if they are spending on a candidate or party, and new rules for this must be created by the Federal Election Commission soon. The requirement applies to upcoming elections regardless of whether these new rules are established in time.
Money References
- (a) Requirement.—Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(a)(6)(A)) is amended by striking the first sentence and inserting the following: “Each committee (other than a committee of a political party) shall notify the Commission in writing of any contribution of $1,000 or more received by the committee after the 20th day, but more than 48 hours before, any election in which the committee makes a contribution to, or expenditure (including an independent expenditure) or electioneering communication (as defined in subsection (f)) on behalf of or in opposition to, a candidate or political committee of a political party in such election.”