Overview

Title

To amend the Federal Election Campaign Act of 1971 to reduce the number of members of the Federal Election Commission from 6 to 5, to revise the method of selection and terms of service of members of the Commission, to distribute the powers of the Commission between the Chair and the remaining members, and for other purposes.

ELI5 AI

H. R. 7497 is a bill that wants to change some rules about a group in charge of making sure elections are fair. It suggests having fewer people in the group, giving more power to the leader, and making other changes to help things work better.

Summary AI

H. R. 7497, titled the “Restoring Integrity to America’s Elections Act,” seeks to amend the Federal Election Campaign Act by reducing the number of members in the Federal Election Commission (FEC) from six to five. It changes how FEC members are selected and limits their terms to one six-year period, with special provisions for the initial appointments. The bill also redistributes the FEC's powers between the Chair and other members, revises enforcement processes, and mandates that FEC forms allow the use of accent marks. These amendments are set to take effect starting in 2025.

Published

2024-02-29
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-02-29
Package ID: BILLS-118hr7497ih

Bill Statistics

Size

Sections:
10
Words:
5,084
Pages:
24
Sentences:
103

Language

Nouns: 1,352
Verbs: 429
Adjectives: 219
Adverbs: 35
Numbers: 212
Entities: 255

Complexity

Average Token Length:
4.21
Average Sentence Length:
49.36
Token Entropy:
5.26
Readability (ARI):
26.72

AnalysisAI

The bill titled "Restoring Integrity to America’s Elections Act" proposes amendments to the Federal Election Campaign Act of 1971. The primary changes include reducing the number of Federal Election Commission (FEC) members from six to five, altering their selection process, and redistributing the Commission's powers between the Chair and the members. The legislation further envisions a host of modifications intended to streamline the Commission's operations and improve its transparency and accountability.

Summary of Significant Issues

A major issue in this bill is the concentration of power in the hands of the Chair of the Federal Election Commission. This modification could lead to a reduction in oversight and accountability as the Chair is granted substantial administrative powers, such as appointing key staff and managing the Commission's budget. This shift may cause decisions to be biased towards certain political interests if not managed carefully.

Another concern is the selection process for FEC members. The proposed reliance on a Blue Ribbon Advisory Panel for selecting members raises questions about transparency and potential political bias, since the President has significant control over this panel's composition.

The reduction in the Commission's size from six to five members stands to influence decision-making dynamics. With decisions now requiring a majority of the reduced number, the risk of power concentration and imbalance within the Commission increases.

Moreover, the restriction barring Commission members from engaging in any other business or employment may deter qualified candidates from serving, potentially limiting the pool of talent available for these important roles.

Impact on the Public

Broadly, the bill aims to enhance the integrity and functionality of election oversight by the FEC. By refining the selection process and restructuring the Commission's authority, it could lead to more efficient and transparent electoral oversight. However, the possibility of power concentration and reduced oversight might undermine public trust if not balanced correctly.

For voters, the bill has implications for how elections are monitored and regulated, which, in turn, could impact the fairness perceived in the electoral process. If the bill successfully implements fairer practices, it could bolster public confidence in elections. Conversely, if fears of political bias and concentration of power materialize, it might lead to greater skepticism of the electoral process.

Impact on Specific Stakeholders

Federal Election Commission Members: Current and prospective members of the FEC will face significant changes. The prohibition on external employment could restrict personal freedom and financial opportunities, potentially discouraging participation by well-qualified individuals.

Political Parties: Political parties may experience shifts in how they interact with and are scrutinized by the FEC. The balance ensured by the rule that no more than two of the five members can belong to the same party could help maintain neutrality, although the potential for political influence in appointments remains a concern.

Election Law Experts: Those with expertise in the field, who might aspire to serve on the FEC, could see opportunities expand. However, they may also face challenges related to the new restrictions on external work and the intricate nature of appointments and mandates.

Overall, while the "Restoring Integrity to America’s Elections Act" seeks to modernize and refine the Federal Election Commission’s structure, there are concerns that must be addressed to optimize its intended impact. Ensuring transparency, managing power distribution carefully, and protecting against bias are central to the successful adoption and efficacy of this legislative effort.

Financial Assessment

The bill titled the Restoring Integrity to America’s Elections Act makes minimal direct references to financial allocations or spending. Instead, the focus rests on structural and procedural changes in the Federal Election Commission (FEC). However, there are a few indirect financial implications and references mentioned in the bill that are worth noting.

Financial Penalties and Judicial Review

One of the few explicit financial references in the bill relates to the enforcement processes of the FEC. Specifically, Section 4 mentions that "in any matter in which the penalty for the alleged violation is greater than $50,000," the courts should overlook any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. This suggests that fines or penalties could exceed $50,000 for violations of the Act. The importance of this clause lies in how it directs courts to handle significant financial penalties, potentially leading to stricter enforcement actions when substantial sums are involved.

However, the financial implications of this provision relate closely to one of the issues identified: the ambiguity and complexity of legal procedures surrounding these penalties could result in reduced transparency and understanding among the general public. By specifying a high penalty threshold, the bill indicates that substantial financial repercussions are possible, yet it does not clearly outline how such proceedings should be comprehensively understood by laypersons.

Administrative Penalty Authority

Section 6 of the bill talks about the permanent extension of administrative penalty authority. While this section does not specify financial amounts, extending this authority implies a continued capacity for the FEC to impose financial penalties as part of its regulatory oversight. The effective date for these changes is set for the end of 2024, suggesting a need for alignment with other legislative measures to avoid confusion or overlap in enforcement responsibilities.

The extension of administrative penalty authority ensures that financial penalties can be consistently applied to enforce compliance with election laws. Nevertheless, this aligns with concerns about potential confusion due to the timing of the transition and amendment implementation.

Indirect Financial Implications

Though the primary focus of the bill is on governance structure rather than direct financial allocations, some sections indirectly suggest administrative and operational financial implications. For example, with changes in leadership structure, namely, concentrating administrative powers with the Chair, there might be shifts in budget allocation, prioritizing areas that the Chair deems important.

Moreover, the mention of appointment and removal authority for positions like the staff director and general counsel by the Chair (Section 3) may have associated financial implications, as these decisions could impact salary distribution within the Commission. However, details on budgets or financial plans are not specified in the bill, which contributes to concerns about transparency noted in the reported issues.

In summary, while direct financial allocations in the text of the Restoring Integrity to America’s Elections Act are limited, the references to penalties and administrative authority involve significant indirect financial considerations. These changes may influence the financial enforcement capabilities and operational management of the Federal Election Commission.

Issues

  • The amendment assigns significant powers to the Chair of the Federal Election Commission, potentially reducing oversight and accountability, which could lead to biased decisions favoring certain individuals or organizations (Section 3).

  • The ambiguity in the process and criteria for selecting individuals for the Blue Ribbon Advisory Panel could lead to a lack of transparency and potential political bias in the appointment process, as the President has significant control (Section 2).

  • The reduction in the number of Federal Election Commission members from 6 to 5 may lead to a concentration of power and potential imbalances, as decisions now require a majority of the reduced number of members (Section 2).

  • The prohibition on Commission members engaging in any other business, vocation, or employment might be overly restrictive and could limit the pool of qualified candidates willing to serve (Section 2).

  • The language in subsection (2)(A) regarding the general counsel's determination and the Commission's ability to overrule it is complex and may be difficult for laypersons to understand, potentially affecting transparency and legal clarity (Section 4).

  • The section permitting appearances by interested parties at advisory opinion hearings does not specify what constitutes a 'reasonable opportunity' for an appearance, leading to potential ambiguity (Section 5).

  • The effective date being set to December 31, 2024, for the permanent extension of administrative penalty authority could create confusion or overlap in authority if not synchronized properly with other legislative actions (Section 6).

  • The extension of terms for current commission members to December 31, 2024, without clear transition measures could cause disruptions in the Commission's functioning and continuity (Section 10).

  • The amendment lacks a clear explanation of how changes to the Federal Election Commission's structure will be funded or implemented, creating potential concerns regarding resources and implementation (Section 2).

  • There is no mention of criteria or standards for the court's de novo review process, leading to potential inconsistencies in interpretations and rulings regarding complaints (Section 4).

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

This section states that the official name of the Act is the "Restoring Integrity to America’s Elections Act."

2. Membership of Federal Election Commission Read Opens in new tab

Summary AI

The proposed changes to the Federal Election Campaign Act would reduce the Federal Election Commission to 5 members, with no more than 2 members from the same political party, and allow only a single 6-year term per member, with some exceptions. It mandates that the President use a Blue Ribbon Advisory Panel for candidate selection and requires Commission members to cease other employment during their service.

3. Assignment of powers to Chair of Federal Election Commission Read Opens in new tab

Summary AI

The bill alters the Federal Election Campaign Act to assign the Chair of the Federal Election Commission certain administrative powers, such as appointing key staff and preparing the budget, while the Commission retains powers like initiating legal actions and issuing advisory opinions. It makes several amendments to clarify these roles and ensure proper authority and oversight within the Commission's structure.

4. Revision to enforcement process Read Opens in new tab

Summary AI

The bill revises the process for investigating and handling violations of the Federal Election Campaign Act. It updates how the general counsel decides whether to investigate a complaint and sets new rules for how complaints can be dismissed or taken to court.

Money References

  • In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint.

5. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests Read Opens in new tab

Summary AI

The section amends the Federal Election Campaign Act to allow people who oppose a request for an advisory opinion to have a chance to present their views in person to the Commission, under the same conditions as those available to the person who made the request. This change applies to requests made after the law takes effect.

6. Permanent extension of administrative penalty authority Read Opens in new tab

Summary AI

The section extends the administrative penalty authority under the Federal Election Campaign Act by removing the expiration date, making this authority permanent starting December 31, 2024.

7. Restrictions on ex parte communications Read Opens in new tab

Summary AI

The section amends the Federal Election Campaign Act to specify that members and employees of the Federal Election Commission must follow rules concerning ex parte communications, which are set by the Commission's regulations at the time this change is made.

8. Clarifying authority of FEC attorneys to represent FEC in Supreme Court Read Opens in new tab

Summary AI

The section clarifies that attorneys for the Federal Election Commission (FEC), including the General Counsel and other attorneys, have the authority to represent the FEC in any legal actions, including those that go before the Supreme Court of the United States. This change applies to all relevant actions, no matter if they happened before, on, or after the law is enacted.

9. Requiring forms to permit use of accent marks Read Opens in new tab

Summary AI

The section requires that all forms, including electronic ones, under the Federal Election Campaign Act of 1971 must allow users to include accent marks in their identification. This change will take effect 90 days after the act is enacted.

10. Effective date; transition Read Opens in new tab

Summary AI

The section outlines that the changes introduced by the Act will start on January 1, 2025. It also states that the current members of the Federal Election Commission will finish their term on December 31, 2024, but any ongoing cases or investigations by the Commission will not be affected by this Act.